ML16342C263
| ML16342C263 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 11/30/1990 |
| From: | Goldberg J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML16341F925 | List: |
| References | |
| 2.206, NUDOCS 9101040092 | |
| Download: ML16342C263 (4) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 HOV 3 0 1990 MEMORANDUM FOR:
FROM t<Thomas E. Murley, Director Office of Nuclear Reactor Regulation Jack R. Goldberg Deputy Assistant General Counsel for Enforcement Office of the General Counsel
SUBJECT:
PACIFIC GAS
& ELECTRIC COMPANY DIABLO CANYON UNITS 1
& 2:
2.206 PETITION BY NCPA Enclosed is a copy of a Petition dated November 19, 1990, filed pursuant to 10 C.F.R.
$ 2.206 by Spiegel
& McDiarmid on behalf of the Northern California Power Agency (NCPA), requesting that the Director, Office of Nuclear Reactor Regulation, take action with regard to the Pacific Gas
& Electric Company (PG&E or licensee)
Diablo Canyon Nuclear Power Plant, Units 1 and 2.
NCPA requests that the Commission issue
. an order to show cause why PG&E's licenses for those facilities should not be modified, suspended, revoked, or other appropriate action taken.
NCPA s petition is in response to PG&E's September 28, 1990, reply to the NRC's Notice of Violation (NOV) issued in conjunction with your June 14,
- 1990, Director's Decision Under 10 C.F.R. 2.206 (DD-90-3) in response to NCPA's December 4,
- 1981, and August 1, 1984, 2.206'Petitions.
The June 14,
- 1990, NOV cited PG&E for violating the Diablo Canyon antitrust license conditions known as the Stanislaus Commitments.
PG&E denies it has violated its license conditions.
PG&E contests certain findings in the NOV as either erroneous or contrary to the federal district court decision upon which the NOV is based, and states that it willnot take corrective action for violations found by that court pending appeal of U.S. v Pacific Gas and Electric
~Com an 714 F.
Supp.
1039 (N.D. Cal. 1989).
NCPA asserts as bases for its request that the licensee violated the Stanislaus Commitments, specifically 1) Article 9, by failing to file service schedules and inserting in those schedules which PG&E did file "as filed" provisions which restrict parties from contesting and the Federal Energy Regulatory Commission (FERC) from freely ruling on the
- rates, terms, condition, and practices contained in the schedules,
- 2) Article 7(a),
by interpreting it to require PG&E only to negotiate in good faith, and to file rate CONTACT:
Giovanna Longo 492-1694 9101040092 901221 PDR ADQCK 05000275 f1 PDR
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schedules with FERC and commence service only after agreement upon all terms and conditions of interconnection, instead of filing unexecuted service agreements
- 3) Aiticle 6, by refusing to supply partial requirements power in 1982 to NCPA and six cities on the excuse that PG&E's power supply contracts with the six cities were full requirements contracts, and
- 4) Articles 7(a) and 7(d),
by failing to provide transmission to NCPA and Healdsburg in the summer of 1982.
I have enclosed drafts of a letter of acknowledgement to the Petitioner for your signature and a Notice of Receipt of the Petition for Publication in the Federal Re ister. If you want the licensee to respond regarding these matters, OGC will assist your staff in drafting an appropriate letter.
Please inform Joseph Rutberg, Deputy Assistant General Counsel for Materials, Antitrust, and Special Proceedings, of the technical staff contact who will be involved in preparing a response to the Petition.
Please ensure that he is provided copies of all correspondence related to the Petition and that he is asked to concur on all staff correspondence.
Jack.
R. Goldber Deputy Assista General Counsel for Enforcement Office of the General Counsel
Enclosures:
l.
Copy of Petition 2.
Draft Letter of Acknowledgement 3.
Draft Federal Re ister Notice cc w/Encl.:
J. Scinto, OGC L. Chandler, OGC J. Rutberg, OGC J. Lieberman, OE J. Martin, Rg.
V M. Blume, Rg.
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