ML17303A470

Notice of Finding of No Significant Antitrust Changes & Time for Filing Requests for Reevaluation

ML17303A470
Person / Time
Site:	Palo Verde
Issue date:	07/06/1987
From:	Funches J Office of Nuclear Reactor Regulation
To:
Shared Package
ML17303A469	List: ML17303A468 ML17303A470
References
NUDOCS 8707130228
Download: ML17303A470 (8)

Text

NUCLEAR REGULATORY COMMISSION D CKET N

. 50-530A FINDING OF N

RUST CHANGES ANDTIMEFRFLINGREUSSFRREVL TIN The Director of the Office of Nuclear. Reactor 'Regulation has made a finding in accordance with Section 105c(2) of the Atomic Energy Act of 1954, as

amended, that no significant (antitrust) changes in the licensees',activities or proposed activities have occurred subsequent to the construction permit review of Units 1 and 2 of the Palo Verde Nuclear Generating Station by the Attorney General and the Commission.

The finding is as follows:

"Section 105c(2) of the Atomic Energy Act of 1954, as

amended, provides for an antitrust review of an application for an operating license if the Commission determines that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous construction permit review.

The Commission has delegated the authority to make the 'significant change'etermination to the Director, Office of Nuclear Reactor Regulation.

Based upon an examination of the events since the issuance of the Palo Verde construction permits to Arizona Public Service Company, et al., the staffs of the Policy Development and Technical Support Branch, Office of Nuclear Reactor Regulation and the Office of the General Counsel, hereafter referred to as 'staff',

have jointly concluded, after consultation with the Department of Justice, that the changes that have occurred since the construction permit review are not of the nature to require a second antitrust review at the operating license stage of the application.

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7590-01 "In reaching this conclusion, the staff considered the structure of the electric utility industry in the Southwest, the events relevant to the Palo Verde construction permit and operating license reviews, and the events that have occurred subsequent to these reviews.

"The conclusion of the staff's analysis is as follows:

'Staff has identified'everal groups of changes in the licensees'ctivities since the previous antitrust review associated with the Palo Verde Nuclear Generating Station.

These changes have been largely procompetitive or competition neutral.

'In the process of conducting.its antitrust operating license review of Palo Verde Unit 3, staff was apprised of a dispute between one of the co-licensees and a

competing power supplier pursuant to.transmission access in the desert Southwest.

After extensive negotiations, the parties in the dispute entered into a binding Settlement Agreement on June 5, 1987 which.

provided for both transmission planning and ownership of new transmission capacity for the power system that had allegedly been denied these power supply options.

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7590-01 Mith the recent signing of this Agreement, coupled with evidence that procompetitive market transactions have become increasingly more prevalent in the Southwestern bulk power services market,, staff believes that the competitive process is at play in the desert Southwest and recommends that the Director of the Office of Nuclear Reactor Regulation make a

finding of no significant change.pursuant to the Palo Verde Nuclear Generating Station, Unit 3 antitrust operating license review.'Based

'upon the staff's analysis, it is my finding that there have been no 'significant changes'n the licensees'ctivities or.proposed, activities since the completion of the previous antitrust review in connecti'on with the construction permit."

Si'gned on Nuclear Reactor Regulation.

by Thomas E. Nurley, Director of the Office of Any person whose interest may be affected 'by this finding, may file, with full particulars, a request for reevaluation with the Director of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, D.C.

20555 within 30 days of the initial publication of this notice in the Federal Re ister.

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7590-01 Requests for a reevaluation of the no significant changes determination shall be accepted after the date when the Director's finding becomes final, but

.before the issuance of.the OL, only if.they contain new information, such as information about facts or events of antitrust significance that have occurred since that date, or information that could not reasonably have been submitted prior to that date.

FOR THE NUCLEAR REGULATORY COMMISSION Jesse L. Funches, Chief Policy Development and Technical Support Branch Program Management,. Policy Development and Analysis Staff Office of Nuclear Reactor Regulation DISTRIBUTION tl

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