ML19262C566

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Requests Info Identified in Reg Guide 9.3 Re OL Review of Facility.Nrc Must Determine Whether Significant Changes Have Occurred Subsequent to Previous CP Antitrust Review.Reg Guide 9.3 Encl
ML19262C566
Person / Time
Site: Catawba  
Issue date: 02/05/1980
From: Zelinsky W
Office of Nuclear Reactor Regulation
To: Parker W
DUKE POWER CO.
References
NUDOCS 8002140501
Download: ML19262C566 (3)


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NUCLE AR REGUL ATORY COMMISSION C

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%,...... f Docket Nos. 50-413A 50-414A Mr. William 0. Parker, Jr.

Vice President - Steam Prrduction Duke Power Company P. O. Box 33189 Charlotte, flC 28242

Dear Mr. Parker:

CATAWBA fiUCLEAR STATION, UNITS 1 AftD 2 Our records do not indicate receipt as yet of information identified in Regulatory Guide 9.3 (copy attached) in connection with the operatina license review of the captioned nuclear plant. We would appreciate it if you could supply the information as soon as possible, so that we can complete our findings as to whether any significant changes have occurred subsequent to the previous construction permit antitrust review that would warrant anotner review at the operating license review stage.

Sincerely, WILLIAh 3ELItiSKY William M. Zelinsky Electrical Engineer Power Supply Analysis Section Antitrust and Indemnity Group Office of Nuclear Reactor Regulation

Enclosure:

Regulatory Guide 9.3

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DIRECTORATE OF REGULATORY STANDARDS REGULATORY GUIDE 9.3 INFORMATION NEEDED BY THE AEC REGULATORY STAFF IN CONNECTION WITH ITS ANTITRUST REVIEW OF OPERATING LICENSE APPLICATIONS FOR NUCLEAR POWER PLANTS A. INTRODUCTION items and any related changes that have occurred or are planned to occur since submission of the As required by the December 19,1970, amendments construction permit apphcation:

to the Atomic Energy Act of 1954, the Atomic Energy Commission conducts antitrust reviews with respect to

a. Anticipated excess or shortage in generating construction permits and operating licenses it issues for capacity resources not expected at the construc-commercial nuclear facilities. The Commission must tion permit stage. Reasons for the excess or under certain circumstances, make a fimdir.g as to shortage along with data on how the excess will be whether the activities under the permit or license would allocated, distributed, or otherwise utilized or how create or maintain a situation inconsistent with the the shortage will be obtained.

antitrust laws. An antitrust review at the operating license stage is not required unless the AEC determines b.New power pools or coordinating groups or such review is advisable on the ground that significant changes in structure, activities, policies, practices, changes in the licensee's activities or proposed activities or membership of power pools or coordinating have occurred subsequent to the previous antitrust groups in which the licensee was, is, or will be a review conducted by the Attomey General and the participant.

Commission at the construction permit stage. This regulatory guide identifies the type of information that

c. Changes in transmission with respect to (1) the the Regulatory staff considers germane for a decision as nuclear plant, (2) interconnections, or (3) to whether a second antitrust review is required at the connections to wholesale customers.

operatmg license stage.

d. Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and B. INFORMATION NEEDED BY THE AEC basis for such changes should be inckuded.

REGULATORY STAFF IN CONNECTION

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' Provisions, or conditions of rate WITH ITS ANTITRUST REVIEW schedules and reasons for such changes. Rate OF OPERATING LICENSE APPLICATIONS increases or decreases are no: necessary.

FOR NUCLEAR POWER PLANTS

f. List of all (1) new wholesale customers, (2) transfers from one rate schedule to another,
1. To assist the regulatory staff in its review, an including copies of schedules not previously applicant for a license to operate a commercial furnished, (3) changes in hcensee's service area, nuclear power plant should consider the following and (4) licensee's acquisitions or mergers.

USAEC REGULATORY GUIDES cop.a of pubhshed ou'da mov be obte aed by reQuat endicots the d'r=>ons desared to the US. Atomac E nergy Commes.ca, washmeton. OE. 2054s.

Reguietary Guedes are assued to cesaabe and mete evadet to the putwe Attenten. O rector of Regulatory Stenderds. Comments and sugestsons for erwthoos acceptable to the AEC Rep,Istory steff of empementmg ssecef ec parts of l'esarove**ats m these gu* des are encouraged ered should te sent to the secretary of the Commess on, US. Atomic Energy Commesion. Wahmoton. DE. 2054s.

tre Commas.on's esguist.ons. to denneste techa. ques

.eJ by the staff m Attentson-Docketing end service section eweevetmo speef c problems or postulated aaeosets, or to prowde guidance to 85Edate tL Regulatory Guedes Gro, A substatutes for reguletsorts and Compleante n

WP th then9 5 not feQuered. Methods end sadutens ddf erent from those set out m The puedes are usued en the fol6ovemg ten broad devessons tte Sandes vedt be aceptable of thei provide e tesis for the fmdings requesste to voor Reactors odects tPe sus ance et contmuence of 4 permet or 1.conse by the C9meressson.

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g. 1.nt of th ose generating capacity additions 2.1.icensees w ho.c construction pcimits include con-committed for operation af ter the nudcar f acility, ditions pertairun;; to antitrust aspects should hst and including ownership rights or pow er output discuss those actions or pohcies which have been allocations.

implemented in accordance with such conditions.

3. Five copies of a separate document entitled "Information for Antitrust Review of Operating
h. Summary of requests or indications of interest by License Apphcation" and containing the above other electric power wholesale or retail dis-requested information should be submitted when the tnbutors, and licensee's response, for any type cf operating beense application documents are sub-electric service or cooperative venture or study.

mitted or as soon thereafter as possible.

9.3-2