ML19289C153

Amend 1 to Constr Permit CPPR-39,adding Antitrust Condition to Paragraph 2.D

ML19289C153
Person / Time
Site:	Diablo Canyon   (CPPR-039-A-01, CPPR-39-A-1)
Issue date:	12/06/1978
From:	Boyd R Office of Nuclear Reactor Regulation
To:
Shared Package
ML16340A309	List: ML16340A308 ML16340A310 ML19289C151 ML19289C153
References
NUDOCS 7812140278
Download: ML19289C153 (10)

Text

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UNif ED ST ATES [> 'E f!UcLcAR REGJLATORY COW'ilsslotJ $ M ' d/ $. WASHINGTON, D. C. 20553

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s ~ 4.... PACicIC GAS A:D ELECTRIC C0:'PANY "! APLO C/';YOil 'iUCLEAR PCUER PLA!!T, U:1IT 1) DOCKET :;0. 50-275 _ TDT / eft TO FROVISIC';AL C0?!STRUCTIC: PERf'IT Amendment i'o. 1 Construction Permit No. CFPR-29 A. The it.' hgulatory Comission (f;RC) having found that: 1. T: mdment to Construction Permit No. CPPR-39, for the purpcse of ' .Jding in the Constructica Permit the antitrust ccmnitment3 FGSE's letter of April 30, 1976 to the Cepartment of si. ? ' in Ast;;'. ccmplies with the standards and requirements of the Atcric E:. m of 1954, as amended, and the Comnission's regulations s,' ' " b in 10 CFR Chapter I; 2. The !:wence of this amendm.ent is in accordance with 10 CFR Part 6!; 3. Tha issuance of this amendment will not be inimical to the ccmmor der a and security or to the health and safety of the public; and 4. Pric. ncblic notice of this amendment is not required since the er.. *ent does not involve a significant hazards consideration. B. /ccorsfi f, Constraction Permit fl0. CPPR-39 is hereby amended by adding.;.ew paragraph 2.D. which reads as follows:

2. D.

This Constructicn Permit is subject to the following antitrust ccoli tions: (1) Definitiens (1)(a) "Appiicant" means Pacific Gas and Electric Company, any successor corporaticn, or any assignee of this license. (1)(') " Service Area" means that area within the exterior o geographic beundaries of the several areas electrically served at retail, now or in the future, by Applicant, and those areas in i;orthern and Central California ddjacent thereto. (1)(c) "ieighboring Entity" means a financially responsible private or public entity or la.;ful association therec# o..ning, ccntractually controlling er crerating, cr in good fcith pecrosing to cun, to contractually contr:1 ce tu :perate facilit.es for tne generation, or trans-mission at 60 kilovolts or above, of electrric povier 781214 cat 13

, which meets each M the following criteria: (1) its existing or cropo n facilities are or will be techni-cally ferible of cirect interconr.ection u.th those of Applicent; (2) all or part of its existing or prcpesed facilitie: e e or will be located within the Service Arca, ' (3) its p,.5ry corpose for owning, contractually con-trolling, or operatinn generatien facilities is to sel! in the Service Area the power generated; and (4) it is, or upon cu,encement cf operations will be, a public utility rcpolated under applicable state law or the Federal Pciter /ct, or exempted f rom regulation by virtue of the fact that it is a federal, state, municipal or other public cntity. (1)(d) " Neighboring Distributico System" means a financially responsible privcte er public entity which engagas, or in good faith propases to engage, in the distribution f electric pouer at retail and which meets each of the criteria numbered (1), (2), and (4) in subparagraph (c) above. (1)(e) " Costs" means all capital expenditures, administrative, general, operation e I maintenance expenses, taxes, depreciation and coscs of capital including a fair and reasonable return on Applicant's investment, which are properly allecable to the particular service or transaction as determined by the regulatory authority having jurisdiction over the particular service or transaction. (1)(f) " Good Utility Practice" means those practices, methods and equip:" nt, inc!Lding levels of reserves and provisic : for contingancies, as modified f rem time to time, that are comnonly used in the Service Area to operate, re; __ _ and safely, electric po'<;3r facilities to serve a util'1 ' own custeiers dependably and econcmically, with due r-2 m for the cor.servation of natural resources and the prc:.:u. of the environment of the Service Area, provided su:h practices, methods ar.d equipment are not unreasonably restrictive. (1)(g) " Firm Power" reans that power which is icitended to be available to the custemer at all times and for which, in order to achieve that degree of availability, adecc :: installed and spinning reserves and sufficient transm.;; to move such power and reserves to the load center are provided. O

> (2 ) Interconnection Interconnection agreements negntiated or .t license conditions shall be subject to tia failt , paragraphs (a) through (g): (2 )( a) Applicant shall not unreasenably refuse ' u intercc-.- and operate normally in parallel with an; '/ighb r ' Entity, or to interconnect with any Neig5L3rir.; ri= bution System. Such interconnections sha!! be cuo. .ca; with Good Utility Practice. (2)(b) Interconnection shall be at one point unless othc: agreed by the parties to an interconnection agrou Interconnection shall not be li.:ited to Ic'..cr vclt when higher voltages are preferable from the ster-of Good Utility Practice and are available frcn

• Applicant may include in any interconnecticr agree _

provisions that a Neighboring Entity or Neighbori _ Distribution System maintain the power facter assoc' 'ed with its load at a ccmparable level to that maint3i by Applicant in the same geographic area and use cc- : r... :. c control methods to achieve this objective. (2)(c) Interconnection agreements shall not provide for na': extensive facilities or control equipnent at the c ' of inter connection than are required by Gocd Utili Practice unless the parties mutually agree that pc- 'w circumstances warrant special facilities or equigna (2)(d) The Costs of additional f acilities required to pret

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service at the point of interconrection shall be al'~; e; on the basis of the projected economic benefits fcr : party from the interconnectici after considerati:r. various transactions for which the interccnnecticn facilities are to be used, unless otherwise agream b the parties. (2)(e) An interconnection agreement shall not impose limit o ': upon the use or resale of capacity and energy sold exchanged under the agreement except as may be reg. r - by Good Utility Practice. o ,Qy

(2)(f) An interconnection agreement nt' il not prohibit any party frcm entering into other c:cconnect ion agree n 't:, but may provide that t i} Appi receive adc p2:e 1 notice of any additical inter.~ 'c t i on arra ngeent ..'.h others, (2) the par *.in jointiy consider and agree uten ' additional contractual provici 's, ceasures, or equip which may be required by Good.. ;ity Dractice as a res :l; of the new arrangement, and (l' h:licant na; terminate the interconnection agreement i; the reliability of it::, system or service to its cust:.ers would be adversely affected by such additional in Nrconnection arrangenent. (2)(g) Applicant may include provision: in an interconnection agreement requiring a l.sighbcring Entity or f:eighborin; Distribution System to develop ith Applicant a coordi-nated program for und:rfrequency load sheddirg and tie separation. Under sue progre o the parties shall equitably share the interruption or curtailment of customer load. (3 ) Reserve Coordination Interconnection agrecTents negctiated pursuant to these license conditions shall be subject to the following paragraphs (a) through (e) regarding reserve coordinaticn: rnti s W1 h which it 1r (3)(a) Applicant and any t!einhharine'h 6

n. ~e + a b 1 1 n, ' J, a u sepa( a t g3, ma g n,".,

connects shall joint]s; tye minimun reserves *o bo ins 4 w prc.4 underaninterconnectionNgreU) ) mutuallyagreedupcn,rashrves,shaflb er r d s percentage of estimated firm ped I c ad a n"# + he ""' '" h ' I reserve percentace shall be -*h M,c-E' I p1anned reserve percen "one w t 'h int rconnectic:, A feighborina Enti+->- eaall no. 5 reserves for t ~ ae recuired to nrov t 4 W9il e di f f erer+* r$a ; - through purchases of Firm Power. percentages may be s r ie1'e In various interconnec','- s - agreements, ne party to an interconnection egreener~+ siall be required to provido 0 t t f tha t al r ser p c: '.,9.U U '0 e I 'hou' a en:31 t o a+, exi sti nn system reliability v n givenInterconnectionarrangementareincrbsed E of the new arrangement, then the other par'h or o~v;* a d 2: uof , c c l;f # 5 nte gu 1.

. (3)(b) Applicant and Heighboring Entit i: uith it int r-c connects shall jointly establira ,ti sm e ..: ! y a r : a i - the minimu.. spinning reserves &a be ,'ru. cf

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interconnection agrec ant. Units other' '. t uily agreed upon, spinning reserves st.!: be ;q ised as ' a percentage of peak Icad and t . n i m.1 . ming r 2 percentage shall be at least eq/ 1 .c 'c "; ._n 's sp reserve percentace without the,...- r r.' ".ctinc. A l_._ --i: Entity shall not be required to :- wide sp, frg res::r. for that portion of its lead w.ic'

t meets througn purchases of Firm Pouar. While dif ferent s; inning reo percentages may be specliied in w ious interconnecti^n agreements, no party to an inte c::nection 'freement shall be recuired to provide a urcater spir.r lg reser -

percentage than that which Appli m t provides, except % n if the total spinning reserves ?.:mlicant .st provide ': maintain systen reliability equa! :.c t ha t e x i s t i ng wi B:: '. a given interconnectico arrange. "t are incraesed by reason of the new arrangement, thun the othcr party or parties may be required to proviac addition:' spinnin; reserves in the full amount of such increase. (3)(c) Applicant shall offer to sell, on reasonable tenas an'i conditions, including a specified period, tcpacity to a Neighboring Entity for use as reserves if such capaci( neither needed for Applicant's own syster nce contracN2 i'y committed to others and if the.:eighboring Er:tity .Cl' offer to sell, on reasonable term and ccnlitions, it; own such capacity to Applicant. (3)(d) Applicant may include in any interconnectier agreera* provisions requiring a f:eighboring Entity to compens.:e Applicant for any rest rves Appl! cant nf s '"ailabl the result of the failure of such s'eighhcrit g Entig -' maintain all or any part of the raserves i. hcs agr' - to provide in said iltercennect:ca agree.ract. (3)(e) Applicant shall offer to coordinate maintensere schcr with ?!eighboring Entities interctnnected with /rplic and to exchance or sell maintenan:e capacity and ensr-when such capacity er.d energy u e availab!<. and it i: reasonable to do so in accordanc.e with G0cd Utility Practice.

6-(4 ) Emergency Power Applicant shall sell emergency power to any intercon Neighboring Entity which maintains the level of mini ,- reserve agre2d upon with Applicant, agrees to use du- ~ diligence to correct the emergency, and agrees to sel' emergency power to Applicant. Applicant shall engact such transactions if and when capacity and energy fa: such transactions are available frca other sources, b"" only to the extent that it can do so without inpairin service to Applicant's retail or wholesale pcuer custt or impairing its ability to discharge prior commitme.... (5 ) Other Power Exchanges Should Applicant have on file, or hereafter file, wit" Federal Power Commission, agreements or rate schedules providing for the sale and purchase of short-term car :i. and energy, limited-term capacity and energy, long-tec capacity and energy or economy energy, Applicant shcl;. on a fair and equitable basis, enter into like or si, agreements with any Neighboring Entity, when such fore-of capacity and energy are available, recognizing thM past experience, different economic conditions and Sce" utility Practice may justify different rates, terms c - conditions. Applicant shall respond promptly to inct i:3 of Neighboring Entities concerning the availability o' such forms of capacity and energy from its system. (6) Wholesale Power Sales Upon request, Applicant shall offer to sell firm, ful' - partial requirements power for a specified period tc _ interconnected Neighboring Entity or Neighbcring Dis:r bution System under a contract with reasonable terns - conditions including provisions which permit Applicar-recover its Costs. Such wholesale power sales raust F consistent with Good Utility Practice. Applicant shal'. not be required to sell Firm Power at wholesale if it i not have available sufficient generation or transmissi to supply the requested service or if the sale would service to its retail customers or its ability to dist prior comaitments. e (

. (7) Transmission Services (7)(a) Applicant shall transmit power pursuant to iN tc. agreements, with provisions which are aopro;, t requested transaction and which are consister t+. 1 license conditions. Exccpt as listed below, s..-

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shall be provided (1) between two or c.nong m: - "s to: Meighboring Entities - ce r ' ' 1s of a ':eightcr E..!- system which are ger separated, ti: "9, now or in the future, nps.icant is irterconnectm., (2 ) between o Neighboring Entity with which, new or i, *.c future, it is interconnected and one or more :' meit' Distribution Systems with which, nou or in th.: 3: ura, it is connected and (3) between any t,'eighboring m"*.'t) Neighbering Distribution System (s) and the Asc m:'- point of direct interconnection with any other.1:_tri. syste:a engaging in bulk power supply outside t: - -o2 -- electrically served at retail by Applicant. /7 ';:cct. not be required by this Section to transmit gn.:- fl; ^ a hydroelectric facility the ownership of whicF cs c:er involuntarily transferred from Applicant or (2) frcn e Neighboring Entity for sale to any electric syste, lcca outside the exterior geographic boundaries of th sestr_1 areas then electrically served at retail by Applicant i' other f:eighboring Entity, Neighboring Distribcu or ^mti s or Applicant wishes to purchase such power at an aev',f price for use within said areas. Any Neighbering _" tic Neighboring Distribution System (s) requestirg trant ::s-service shall give reasonable advance notice to ' piic' - of its schedule and requirements. Applicant sh !1 not a required by this Section to provide transmissico service if the proposed transaction would be incensistent ' tis Good Utlity Practice or if the necessary trans

i:r facilities are committed at the time of the re st -

fully-loaded during the period for which service ic ri: or have been previously reserved by Applicant for e~ere-purposes, loop flow, or other uses censister.t with G:t _ c'-{ Utility Practice; provided, that with respect to *he Northwest-Southwest Intertie, Applicant shall not te -2 n by this Section to provide the requested trans.insicr s:- if it would impair Applicant's own use of this f acilit) consistent with the Bonneville Project Act, (50 Str. 7;I, August 20,1937), Pacific Northwest Fouer t'a rknin;.: (78 Stat. 756, August 31, 1964) and the Public '.:crks Appropriations Act, 1965 (78 Stat. 632, August :0, lidi;. e y

8-(7 )(b) Applicant shall include in its planning and constcuction progr:m3 such incracses in its transmission capacity or - such addit"' cal trancaission facilities as may be requirad for tne tr

c. actions referred to in paragraph (a) of this Section, ' xvided cry deighboring Entity or "eighborir.g DistriNt e System gives Applicant sufficient advance riotice a:

~y be necessary to acce=cdate its requireme.1:s from a r;7 iatory and technical standpoint and provided further 'i.J. the entity requesting transmission services ccmrensates ;pplicant for the Costs incurred as a result of the request. ihere traasmission capacity will be increased or additional transmission facilities will be installed to provide or maintain the requested service to a Neighboring Entity or Neighboring Distribution Systen, Appl icant My recuire, in addition to a rate for use of other faci!!cies, that payment of Costs associated with the increased car.acity or additional f acilities shall be made by the perties in accordance with and in advance of their respective use of the new capacity or facilities. (7)(c) Nothine herein shall require Applicant (1) to construct additional trensmission facilities if the construction of such f acilities is inconsistent with Good Utility Practice or if such facilities could be constructed without duplicating any portion of Applicant's transmission system, (2) to previde transmission service to a retail customer or (3) to construct transmissian outside the area then electrically served at retail Dy Applicant. (7 )(d) Rate schedules and agreements for transmission services providad under this Section shall be filed by Applicant with the regulatory agency having jurisdiction over such rates and agree cnts. (8 ) Access to :.; clear Generation (8)(a) If a Neight.oring Entity or Neighboring Distribution System eaLes a timely request to Applicant for an owner-ship participation in the Stanislaus Nuclear Project, Unit No. I or any future nuclear generating unit for.:nico Applicant applies for a construction permit during the 20-year period immediately following the date of the construction permit for Stanislaus Unit No.1, Applicant shall of fer the requesting party an opportunity to parti-cipate in such units, up to an amcunt reasonable in lict: V O 't#

-9_ of the relative loads of the participants. With resp - to Stanislaus Unit No. 1 or any future nucle s o m ra unit, a request for participation shall be deeme a

r. i m if received within 90 days af ter the mailing by 'eri t_.

to Neighboring Entities and Neighboring Distri : tion ' of an announcement of its intent to construct toe an; and a request for an expression of in*.erest in ; ;ic. Participation shall be on a basis which ccmper : es Applicant for a reasonable share of all its Costs, ic~ and to be incurred, in planning, selecting a site fct, constructing and operating the facility. (8)(b) Any Neighboring Entity or any Neighboring Distri'ution Syste.n making a timely request for participation in a nuclear unit must enter into a legally binding and crJ ~;:- able agreement to assume financial responsibility for share of the Costs associated with participation in th_ unit and associated transmission facilities. Unless otherwise agreed by Applicant, a Neighboring Entity oc Neighboring Distribution System desiring participatic: must have signed such an agreement within one year af'.e Applicant has provided to that Neighboring Entity or Neighboring Distribution System pertinent financicl ana technical data bearing on the feasibility of the projm.. which are then available to Applicant.. Applicant shall provide additional pertinent data as they beccc.e avai!c; _ during the year. The requesting party shall pey to Applicant forthwith the additional expenses incurrad u; Applicant in making such financial and technical date available. In any participation agreeraent subject to this Section, Applicant may require provisions recairi-payment by each participant of its share of al ? costs incurred up to the date of the agreer.ent, requirin.; ec._ participant thereafter to pay its pro rata share of f s as they are expended for the plannmg and cons' scrim of units and related facilities, and requiring acn participant to make such financial arrangements as,y necessary to ensure the ability of the particip: int to continue to make such payments. (9 ) Implementation (9)(a) All rates, charges, terms and practices are and shall be subject to the acceptance and apcraval of cny regula-tory agencies or courts having jurisdiction over thu a. .\\, (9 )(b) liothing contained herein shall enlarge any rights of a tiefghboring Entity or ?!eighboring Distribution System to provide services to retail customers of Applicant beyond the rights they have under state or federal law. (9)(c) flothing in these license conditions shall be construed as a waiver by Applicant of its rights to contest the application of any commitment herein to a particular factual situation. (9)(d) These license conditions do not preclude Applicant frca applying to any appropriate forum to seek such changes in these conditions as may at the time be appropriate in accordance with the then-existing law and Good Utility Practice. (9 )(e) These license conditions do not require Applicant to become a co.T.T.on carrier. C. This amendment is effective as of the date of issuance. FOLTHE fiUCLEAR REGULATORY C0i!MISSIO!; R~o r o Dire tor N Division of Project t'anagement2s Office of fluclear Reactor Regulation Date of Issuance: DEC 06IEEB .}q}}