ML19210C310

Response to CPC & Intervenors' Joint Motion Supporting Imposition of License Conditions.Agrees W/Conditions Under Which No Anticompetitive Situation Will Be Maintained or Created.Certificate of Svc Encl

ML19210C310
Person / Time
Site:	Midland
Issue date:	10/15/1979
From:	Fabrikant R, Flexner D, Kaplan D, Whitler J JUSTICE, DEPT. OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911140060
Download: ML19210C310 (4)

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NRC PUBLIC DOCUm'r nocy S lAl y f, UNITED STATES OF AMERICA BEFORE THE ATOMIC SAFETY & LICENSING BOARD ',"

3 jjfE 7, NUCLEAR REGULATORY COMMISSION *@ H5

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In the Matter of )

) Docket Nos. 50-329A CONSUMERS POWER COMPANY ) 50-330A Midland Plant, Units 1 and 2 )

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DE7 ARTMENT OF JUSTICE RESPONSE TO THE JOINT MOTION OF CONSUMERS POWER COMPANY AND INTERVENORS SUPPORTING IMPOSITION OF LICENSE CONDITIONS John H. Shenefield Donald L. Flexner Assistant Attorney General Deputy Assistant Antitrust Division Attorney General Antitrust Division Communications with respect to this document should be addressed to:

Donald A. Kaplan, Chief Robert Fabrikant, Assistant Chief Energy Section

Antitrust Division Department of Justice Washington, D.C. 20530 John D. Whitler Attorney Energy Section Antitrust Division Department of Justice P.O. Box 14141 Washington, D.C. 20044 October 15, 1979 s l 2

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s UNITED STATES OF AMERICA BEFORE THE ATOMIC SAFETY & LICENSING BOARD NUCLEAR REGULATORY COMMISSION

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In the Matter of )

) Docket Nou. 50-329 A CONSUMERS POWER COMPANY ) 50-330A Midland Plant, Units 1 and 2 )

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DEPARTMENT OF JUSTICE RESPONSE TO THE JOINT MOTION OF CONSUMERS POWER COMPANY AND INTERVENORS SUPPORTING IMPOSITION OF LICENSE CONDITIONS Pursuant to che Commission's Rules of Practice, 10 C.F.R.

S 2.730 the Department of Justice submits this response to the JOINT MOTION OF CONSUMERS POWER COMPANY AND INTERVENORS SUPPORTING IMPOSITION OF LICENSE CONDITIONS.

The Department has reviewed the joint motion and the

" Midland Nuclear Power Station, Units 1 and 2 Proposed License Conditions" attach 3d to the motion, as well as the sidebar arrangements between Consumers Power Company and Intervenors implementing those license conditions. The Department agrees that attachment of the subject license conditions to the Midland licenses will assure that Con-sumers Power's activities under the li,enses will not create or maintain a situation inconsistent with the anti-

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trust laws and will allow this antitrust proceeding to be terminated by settlement among all parties.

Respectfully submitted, L 8 71 /

Donald L. Flexner Deputy Assistant Attorney General Antitrust Division f-ih<Y/ .A . 1" L. . _

' Donald A. Kaplan, ChAef Chief Energy Section kAd 49td Robert Fabrikant, Assistant Chief Energy Section b bb John D. Whitler bM Attorney Energy Section Antitrust Division P.O. Box 14141 Washington, D.C. 20044 October 15, 1979 kk

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UNITED STATES OF AMERICA BEFORE THE ATOMIC SAFETY & LICENSING BOARD NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329-A Midland Plant, Units 1 and 2 ) 50-330-A

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CERTIFICATE OF SERVICE I hereby certify that copies of DEPARTMENT OF JUSTICE RESPONSE TO THE JOINT MOTION C: CONSUME RS POWER COMPANY AND INTERVENORS SUPPORTING IMPOSITION OF LICENSE CONDITIONS were served upon the following persons by deposit in the United States mail, first class mail postage prepaid, this 15th day of October, 1979.

Hugh K. Clark, Esquire Dr. J.V. Lt.eds, Jr.

Chairman, Atomic Safety 10807 Atwell and Licensing Board Houston, Texas 77096 Nuclear Regulatory Commission Washington, D. C. 20555 Robert A. Jablon, Esquire Spiegel & McDiarmid Frederic D. Chanania, Esquire 2600 Virginia Avenue, N.W.

Nuclear Regulatory Commission Washington, D.C. 20037 MNBB-9604 Washington, D. C. 20555 Wm. Warfield Ross Keith S. Watson Chase R. Stephens, Chief Wald, Harkrader & Ross Docketing & Service Branch 1300 - 19th Street, N.W.

Office of the Secretary Washington, D.C. 20036 Nuclear Regulatory Commission Washington, D. C. 20555 Marshall E. Miller, Esquire Atomic Safety and Licensing Board Nuclear Regulatory Commission Washington, D. C. 20555

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John D. Whitler

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Attorney Antitrust Division

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