ML17083C262
| ML17083C262 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/14/1990 |
| From: | Murley T Office of Nuclear Reactor Regulation |
| To: | Shiffer J PACIFIC GAS & ELECTRIC CO. |
| Shared Package | |
| ML17083C263 | List: |
| References | |
| A, NUDOCS 9006210288 | |
| Download: ML17083C262 (6) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 June 14, 1990 Pacific Gas and Electric Company 77 Beale Street, Room 1451 San Francisco, California 94106 Attn:
Hr. J.
D. Shiffer, Vice President Nuclear Power Generation In the Hatter of Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant, Units I & 2 Docket Nos.
50-275A
& 50-323A
SUBJECT:
NOTICE OF VIOLATION FOR DIABLO CANYON NUCLEAR POWER PLANT, UNITS I & 2 Gentlemen:
This letter concerns violations of NRC antitrust license conditions for your Diablo Canyon facility.
These violations involve your refusal to provide partial requirements wholesale power and transmission services to a group of California cities (members of the Northern California Power Agency) who were attempting to purchase power from the Western Area Power Administration (WAPA).
Your refusal to provide these services was premised on your claim that these cities were obligated contractually to purchase all of their wholesale power requirements from PG&E.
These issues were contested before the United States District Court for the Northern District of California which, on June 8, 1989, ruled that three of these cities, Healdsburg, Lompoc and Santa Clara, were not full requirements customers and that you had violated your contract with them and had failed to meet your power supply commitments under the NRC license conditions.
See U.S. v. Pacific Gas and Electric Com an,
?14 F. Supp.
1039 (N.D.CA, 1989).
In addit)on to your re usa to prove e these services required by the license conditions, contrary to the intent of the license conditions, you have included language in service schedules and tariffs filed with the Federal Energy Regulatory Commission (FERC) for services provided by the license conditions which precludes interested parties from contesting the terms and conditions of these filings.
Based upon the District Court's findings and other information that we have
- obtained, including filings made by aggrieved parties to the NRC, violations of Diablo Canyon license conditions (6), 7(a), 7(d) and 9(a) have been established as set forth in the enclosed Notice of Violation.
With respect to your violations of conditions 6, 7(a),
and 7(d), the only enforcement action being taken against you at this time is to require you to report in writing regarding the steps you have taken to comply with the District Court decision.
No other enforcement action is now being taken since that decision appears to provide sufficient remedial action to require you to comply with these license conditions.
With respect to your violation of condition 9(a), you are required to report to us whether you have discontinued filing schedules and tariffs which restrict 90062102S8 900614 PDR ADOCK 05000275 9
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others from contesting terms and conditions of tariffs filed pursuant to the license conditions and advise us of the steps you have taken or intend to take to eliminate the restrictive language from existing tariffs and schedules for services required by the Diablo Canyon license conditions.
Accordingly, pursuant to 10 C.F.R. 5 50.54(f), you are required to submit to this office, within 30 days of receipt of this Notice of Violation, a written statement under oath or affirmation of the steps you have taken and intend to take to comply with the District Court's June 8, 1989 decision and to remove restrictive provision from tariffs and schedules as discussed above.
After reviewing your response to the Notice, including your proposed corrective
- actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with section 2.790 of the NRC's "Rules of Practice,"
Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosures wi 11 be placed in the NRC Public Document Room.
The responses directed by this letter and its enclosures are not subject to the clearance procedures of the Office of Hanagement and Budget as required by the Paperwork Reduction Act of 1980, Pub.
L. No. 960511.
Should you have any questions concerning this letter, please contact us.
S incere ly,
Enclosures:
1.
Director's Decision Ori85,nal signed bX
'Thomas Z. MnH.oY Thomas E. Hurley, Director Office of Nuclear Reactor Regulation cc:
Robert C. HcDiarmid, Esq.
Spiegel 8 HcDiarmid 1350 New York Ave.,
N.W.
Washington, D.C.
20005-4798 DISTRIBUTION: [DIABLO/]
LKTETTE 0:27
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Thlurley FGi llespie HVirgilio DNash
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others from contesting terms and conditions of tariffs filed pursuant to the license conditions and advise us of the steps you have taken or intend to take to eliminate the restrictive language from existing tariffs and schedules for services required by the Diablo Canyon license conditions.
Accordingly, pursuant to 10 C.F.R. 5 50.54(f), you are required to submit to this office, within 30 days of receipt of this Notice of Violation, a written statement under oath or affirmation of the steps you have taken and intend to take to comply with the District Court's June 8, 1989 decision and to remove restrictive provision from tariffs and schedules as discussed above.
After reviewing your response to the Notice, including your proposed corrective
- actions, the NRC will determine whether further NRC enforcement action is necessary to ensure compliance with NRC regulatory requirements.
In accordance with section 2.790 of the NRC's "Rules of Practice,"
Part 2, Title 10, Code of Federal Regulations, a copy of this letter and its enclosures will be placed in the NRC Public Document Room.
The responses directed by this letter and its enclosures are not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, Pub.
L. No. 960511.
Should you have any questions concerning this letter, please contact us.
Sincerely, Encl osures:
1.
Director's Decision Original signed by Thomas Z. blurley Thomas E. Murley, Director Office of Nuclear Reactor Regulation cc:
Robert C. McDiarmid, Esq.
Spiegel 8 McDiarmid 1350 New York Ave.,
N.W.
Washington, D.C.
20005-4798 DISTRIBUTION: [DIABLO/]
KZETTl25 5 -275A, 5D-323A PTSB Rdg/Ph1AS Rdg.
TMurley FGi llespie MVirgilio DNash
- SEE PREVIOUS CONCURRENCE JLieberman JRutberg HRood LPDR NRC PDR WLambe OFC
- PTSB:PMAS NAME :WLambe/ng: lt DATE :06/05/90 OFC
- D:PMAS NAME
- FGillespie DATE
- 06/08/90
- PTSB:PMAS
- OGC
- DNash
- JRutberg 06/05/90 05/17/90 R
M ley
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/90
- NRR:PD5
- OE
- C:PTSB HRood JLieberman MVirgilio 05/24/90 05/25/90 06/05/90
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