ML18065B151

Requests That NRC Deny Michigan Municipal/Cooperative Group 900921 Request for Reconsideration of Commission 900822 Decision Not to Conduct Antitrust Review in Connection with Transfer of Ownership Interests in Palisades Plant

ML18065B151
Person / Time
Site:	Palisades
Issue date:	10/10/1990
From:	Charnoff G CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Brian Holian Office of Nuclear Reactor Regulation
References
A, NUDOCS 9801300232
Download: ML18065B151 (2)

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SHAW, PITTMAN, POTTS & TROWBRIDGE A PARTNERSHIP INCL.UOING PROF"ESSIONAL CORPORATIONS 2300 N STREET, N. W.

TELEX/CABLE WASHINGTON, 0. C. 20037 VIRGINIA OF"F"ICE 69*2693 (SHAWLAW WSH) 1501 F"ARM CREDIT DRIVE MCLEAN, VIRGINIA 2210.?

TELEP.HONE (703) 790*7900 (202) 663-6032 F"ACSIMILE (202) 663*8007 GERALD CHARNOFF, P.C 9004513 October 10, 1990 Mr. Brian E. Holian Project Directorate III-1 Division of Reactor Projects -

III, IV, V & Special Projects Off ice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Palisades Plant: Transfer of Palisades Plant OWnership

Dear Mr. Holian:

This letter is Consumers Power Company's ("Consumers") and Palisades Generating Company's ("PGC") response to the September 21, 1990 letter written on behalf of the Michigan Municipal/Cooperative Group ("MMCG") requesting reconsideration of the Commission's August 22, 1990 decision not to conduct an antitrust review in connection with the transfer of ownership interests in the Palisades Plant to the Palisades Generating Company.

MMCG's request for reconsideration raises no new issues.

Each of the points made in that request the application of the Atomic Energy Act's Section 102, 42 U.S.C. § 2132b; the scope of the Commission's antitrust authority under Section 184, 42 U.S.C.

§ 2234; and the extent of physical alterations to the plant --

was previously raised in MMCG's init~al request and rebutted in Consumers' and PGC's October 11, 1989 response thereto. More-over, the NRC was correct in determining that the Palisades plant, as a facility licensed under Section 104, "falls into a

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SHAW, PITTMAN, POTTS & TROWBRIDGE A PARTNERSHIP INCL.UOING PROF°ESSIONAL. CORPORATIONS Mr. Brian Holian October 10, 1990 Page Two category that Congress decided was exempt from the Section 105c antitrust review contemplated for licenses issued under Section 103." NRC letter of August 22, 1990.

Accordingly, MMCG's request for reconsideration must be denied.

Counsel for Consumers Power Company and Palisades Generating Company c c : i : u e l J. Chilk, Secretary clear Regulatory Commission Joseph Rutberg, Esq.

Deputy Assistant General Counsel Nuclear Regulatory Commission Wayne A. Kirkby, Esq.

Counsel for Consumers Power Company William M. Lange, Esq.

Counsel for Consumers Power 1 Company John T. Stough, Jr., Esq.

Counsel for Palisades Generating Company Robert A. Jablon, Esq.

Counsel for Michigan Municipal/Cooperative Group S:~.90