ML19208B665

Advises That Antitrust Hearing Is Unnecessary Re Proposed Purchase of Ownership Interests in New England Power by Ma Municipal Wholesale Electric Co & Me Public Svc Co (Per Section 105C,Atomic Energy Act of 1954,as Amended)

ML19208B665
Person / Time
Site:	New England Power
Issue date:	08/20/1979
From:	Shenefield J JUSTICE, DEPT. OF
To:	Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML19208B658	List: ML19208B665
References
NUDOCS 7909210152
Download: ML19208B665 (2)

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r- U.inittb 6tates Department of 3ustitt bs5sm3

, .I' W ASHIN GTON, D.C. 20530

%,w%.y y l ansta=v arten=av castaat aseT6TauST Diviss0M 2 0 AUG 1979 Howard K. Shapar, Esquire Executive Legal Director Nuclear Regulatory Commission Washington, D.C. 20555 Re: New England Power Service New England Power Units 1 and 2 NRC Docket Nos. 50-568A and 50-569A . . . . - _ . - .

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Dear Mr. Shapar:

You have requested our advice pursuant to Section 105(c) of the Atomic Energy Act of 1954, as amended, in connection with the purchase by Massachusetts Municipal Wholesale Electric Company (MMWEC) and Maine Public Service Comrany of ownership interests in the above captioned nuclear units. In addition, you have informed us that Bangor Hydro-Electric Company (Bangor-Hydro) will increase its existing ownership share by 3.13%.

Maine Public Service's proposed inte'res Yould be less than 20 MW per unit, and Bangor-Hydro was reviewed in my letter of April 11, 1977 In connection with its current ownership interest in these units. MMNEC, which will be purchasing a 6.008% ownership share, while ot previously reviewed in connection with these units, was recently reviewed in my letter of December 19, 1978, pertaining to Seabrook Nuclear Power Station, Units 1 and 2, NRC Docket Nos. 50-443A and 50-444A.

Our review of the information submitted in connectign with the preseit application, as well as other relevant information, has disclosed no evidence that the proposed D.

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participation by Maine Public Service, Bangor-Hydro and MMWEC in the New England Power Units would either create or maintain a situation inconsistent with the antitrust lawr We do not, therefore, believe it is under Section 105(c).

necessary for the Commission to hold an antitrust hearing in this matter.

incerelv J u' &

Shenefield)

Jchn H.

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As istiant _ Attorney General

~Intitrust Div'ision r

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