ML17300A910
| ML17300A910 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 04/17/1987 |
| From: | Olmstead W NRC |
| To: | Parler W NRC |
| Shared Package | |
| ML17300A908 | List: |
| References | |
| A, NUDOCS 8706220114 | |
| Download: ML17300A910 (2) | |
Text
April 17, 1987 Note to:
William C. Parler From:
William J.
Olmstead SUB JECT:
ARIZONA 'PUBLIC SERVICE COMPANY, ET AL (PALO VERDE NUCLEAR GENERATING STATION, UNIT 3Tt 5UCKET NO. 50-530A This note is to advise that the Plains Electric Generation and Transmission Cooperative, Inc. (Plains),
Albuquerque, New Mexico has petitioned the NRC staff for a Qnding of "signiAcant change" in conuection with the operating Hcense antitrust review of the captioned nuclear. unit.
In view of the fact that the Palo Verde Unit 3 operating license (limited to less than 5% of power) has been issued and with full power now tentatively scheduled for July 1987, this matter could have an impact on the present Palo Verde Unit 3 fuH power schedule.
Plains'equest concerns the El Paso'Electric
- Company, one of )he co-owners of the Palo Verde Unit 3.
Plains has submit'.ed a considerable amount of doc-umentation in support of its position.
El P m, through its counsel, has filed a response to the Plains allegations including documentation in support of its position that under the circumstances a Qnding of signiQcant change by the Staff is not warranted.
A Qnding by the Staff that there is a signiQcant change would trigger an antitrust review pursuant to
%105(c) of the Atomic Energy Act.
Such a determination would, at a minimum, impact the ability of the Commission to permit Bl Paso to go above the 5% limit.
The. Staff (counsel and representatives from NRR), and an attorney from the Antitrust Division,.'U.S.
Department of Justice, have held several meetings with the parties in an effort to evaluate the situation in order to determine the proper course of action to follow, and in an effort to mediate the prob-lem The Staff wiQ c with the arties, includin the De art-ment in an e or to resolve the matter or perhaps reac an accord on some
~orm of post licensing antitrust review.
Commission case law provides prece-dent for the situation in which all of the particpants agree to post licensing antitrust review, thus allowing any permit or license to be issued prior to the completion of the review.
In view he otential im act th Plains'equest may have on the licensing of Palo Verde Unit 3, I l keep you informed of future developments in this matter.
Silliam Olmstead cc:
J. Murray pDR AD 8706 Oc)~ 05000530'I j 220ii4 8706i5 PDR ~
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