ML17083A980

Forwards Draft Ack Ltr & Fr Notice Re Northern CA Power Agency 811204 10CFR2.206 Request That Director of NRR Find Util in Violation of Antitrust License Conditions & Issue Immediate Effectiveness Order

ML17083A980
Person / Time
Site:	Diablo Canyon
Issue date:	12/11/1981
From:	Jenny Murray NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Harold Denton Office of Nuclear Reactor Regulation
References
PROJECT-564M ISSUANCES-A, NUDOCS 8202120134
Download: ML17083A980 (10)

Text

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4QK 00CKE u".yNRc December 11, 1981 l"lEllORAllDUH FOR:

FROH:

Harold R. Denton, Director Office of Nuclear Reactor Regulation James P. tlurray Director and Chief Counsel Rulemaking and Enforcement Division a.Sl' 0

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SUBJECT:

REQUEST Ul'IDER 10 CFR 2 ~206 FOR EllFORCEi~lENT OF AHTITRUST LICENSE COHDITIOHS~

By a petition dated December 4, 1981, the l'lorthern California Power Agency has requested under 10 CFR 2.206 that the Director of NRR find Pacific Gas and Electric Company in violation of the antitrust conditions of the Diablo Canyon and Stanislaus licenses and issue an immediately effective order enforcing these license conditions.

I understand that your staff already has a copy of the petition and its lengthy two-volume appendix.

If my understanding is not correct,'my office can provide a copy.

Because the petitioner has asked for immediate action on its petition, the staff must provide a basis for any interim denial of this request for ivmediate action.

A basis for immediately effective action to enforce the antitrust conditions would be (1) that the staff already has determined that the licensee has committed willful violations of the conditions, and (2) that some extraordinary public interest consideration requires immediate relief.

Before the staff has analyzed thoroughly a 2.206 petition, the granting of immediate relief upon the filing of a 2.206 petition is rare even in the context of petitions that concern health and safety matters.

I enclose a draft acknowledgment letter and a draft Federal Resister notIco for your use.

These documents should be Issu~e as soon as possible.

lP office will assist your staff in developing the necessary language to complete the acknowledgment letter if the petitioner's request for immediate relief is to be denied.

DESIGHATED 0 GIHAIs Certified. By OFFICE ly

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PDR ADQCK"05000275 y

OFFlCIAL RECORD COPY NRC FORM 318 (10-80) NRCM 0240

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USGPOs 1981 960

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Please assure that I receive copies'of all correspondence related to this matter and that all outgoing documents are referred to me for concurrence.

James P. Ilurray Director and Chief Counsel Rulemal;ing and Enforcement Division cc:

A.'oalston, NRR J. Rutberg, ELD DISTRIBUTION NRNCN ELD Rdr Rdg Subj.

2.206 chron Murray chron Burns chron Engelhardt/Shapar Christenbury/Olmstead JL/KC/Df info.

CONTACT:

Stephen Burns x27268 OFFICE II SURNAME/

OATE 0 OELD......

S.Burn 72/f1781 N

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J.Mur ra 12/6 /Sl NRC FORM 318 (10-80) NRCM 0240 OFFICIAL RECORD COPY USOPO: 1981~950

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DRAFT Docket Nos. 50-275, 50-276, P-364-A (10 CFR 2.206)

Robert C. McDiarmid, Esquire Spiegel 8 NcDiarmid 2600 Virginia Avenue, N.W.

Washington, D.C.

20037

Dear f1r. tlcDiarmid:

This letter is sent to acknowledge receipt of your petition on behalf of the Northern'California Power Agency pursuant to 10 CFR 2.206.

The petition requests that I find Pacific Gas and Electric Company in violation of certain antitrust license conditions and take action to

enforce, through license modification if necessary, these conditions.

The petition will be considered in accordance with 10 CFR 2.206 and, accordingly, I will take appropriate action to grant or deny the petition within a reasonable time.

I recognize that your petition requests, particularly on the basis of Sections 1 through 4 of the petition, that I take immediate action to grant the requested relief.

Until the staff has had an opportunity to more fully evaluate the petition, I do not find such immediate action appropriate.

(State basis for denying immediate relief)

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The staff will endeavor to evaluate your petition as expeditiously as possible so that there is a prompt determination of the merits of your petition, including your request for issuance of an immediately effective order.

I enclose for your information a copy of a notice that is being sent to the Office of the Federal. Register for publication.

Sincerely, Harold R. Denton,'Director Office of Nuclear Reactor Regulation cc:

Philip A. Crane, Jr.,

Esquire Glen West, Esquire Richard L. Meiss, Esquire Pacific Gas

& Electric Co.

P.O.

Box 7442 San Francisco, California 94106

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[7590-01]

NUCLEAR REGULATORY COMMISSION

[Docket Nos.

50-275, 50-276, P-564-A]

Pacific Gas and Electric Co.

(Diablo Canyon Nuclear Power Plant, Units 1

and 2; Stanislaus Nuclear Project, Unit 1)

Receipt of Petition Under 10 CFR 2.206 Notice is hereby given that the Northern California Power Agency has requested pursuant to 10 CFR 2.206 that the Director of Nuclear Reactor Regulation find Pacific Gas and Electric Company in violation of cer tain antitrust license conditions and issue an order enforcing, through license modification if necessary, these conditions.

As provided in 10 CFR 2.206(b),'appropriate action will be taken on the request within a reasonable time.

Copies of Northern California Power Agency's "Petition to Enforce and Modify License Conditions" are available for public inspection in the Commission's public document room at 1717 H Street, N.W., Washington, project at the Stanislaus County Free Library, 1500 I Street,

Modesto, CA 95345.

Dated at Bethesda, Maryland, this dhy of December, 1981.

For the Nuclear Regulatory Commission D.C. 20555, and in the local public.document rooms for the Diablo Canyon plant at the Californfh Polytechnic State University Library, Document and Maps Department, San Luis Obispo, CA 93407, and for the Stanislaus Harold R. Denton, Director, Office of'ucle'ar Reactor Regulation

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