ML19296C614

Responds to Mcdiarmid 800212 Ltr for Municipal Energy Agency of Ms (Meam) Which Implys That Ms Power & Light Must Arrange W/Other Utils to Have Power Wheeled to Meam Members. Forwards 790619 Ltr Denying Charges

ML19296C614
Person / Time
Site:	Grand Gulf
Issue date:	02/22/1980
From:	Conner T CONNER, MOORE & CORBER
To:	Harold Denton, Flexner D JUSTICE, DEPT. OF, ATTORNEY GENERAL, OFFICE OF, Office of Nuclear Reactor Regulation
References
NUDOCS 8002260711
Download: ML19296C614 (2)

Text

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LAW O F F I C li M CONNER, MOORE & CORDER 1747 I'IG N N N Y LVA N I A AV E N U l?, N . W.

p a mE J u* WA M IIIN GTO N, D. C. JOOOO NOME NT J. COMR 2 R MANN J. TTENHANN DO N A L D J B A LS L E Y, J M.

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CABLE A DD R E B S: ATOM LAW

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Mr. Harold Denton Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Donald L. Flexner, Esq.

Assistant Attorney General U.S. Department of Justice Washington, D. C. 20530 In the Matter of Mississippi Power & Light Company (Grand Gulf Nuclear Station, Units 1 and 2)

Docket Nos. 50-416A and 50-417A Gentlemen:

We have received a copy of Mr. McDiarmid's letter of February 12, 1980 in the captioned matter. Rather than reiterate at length why the substance of that correspondence bears no relation whatever to Mississippi Power & Light Company's ("MP&L") satisfaction of Condition 5 of its con-struction permits for the Grand Gulf Nuclear Station, I will simply refer you to our response to point Number 2 in our letter to Mr. Denton dated June 19, 1979, a copy of which is enclosed for your convenience.

The discussion there, which has been fully incorporated in the Applicant's responses to the NRC Staff seeking Informa-tion for Antitrust Review, completely disposes of the inference in Mr. McDiarmid's most recent letter, i.e., that MP&L is under an obligation to make arrangements with other utilities outside its service area, such as Louisiana Power & Light, for the vheeling of power to MEAM members. Our position continues to be, as stated in our letter of December 10, 1979 (copy attached), that MP&L has clearly satisfied its wheeling obligations under Condition 5 with the filing of the Settlement Agreement between MP&L, MEAM and the two municipalities

$9 6 8002200 i EN

Mr. Harold Denton Donald L. Flexner, Esq.

February 22, 1980 Page 2 involved in the request for an NRC show cause proceeding, Greenwood and Clarksdale, in FERC Docket Nos. ER 78-583 and ER 78-584.

I do not wish to extend unnecessarily our correspondence in this matter so as to delay your deliberations, but I feel that MEAM's dogged insistence on such an obvious misconstruc-tion of the permit conditions requires at least this brief response.

Sincerely, p '

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Troy 6. Conner, Jr.

/dr Enclosures cc: (w/o enclosures)

Robert C. McDiarmid, Esq.

Frederick Chanania, Esq.

Janet R. Urban, Esq.

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- N I.AW OFFICES CoxxEn. Moonz & CoRBER 1747 PENNSYLVANIA AVE N UE. N. W.

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• wet aan sttes sw s. s. CARLE ADDER s S: ATOM LAW Mr. Harold R. Denton Director, Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 In the Matter of Mississippi Power & Light Company (Grand Gulf Nuclear Station, Unit Nos. 1 and 2)

Docket Nos. 50-416 and 50-417

Dear Mr. Denton:

We have received a cop; of your letter to Mr. McDiarmid, dated June 11, 1979, by which you acknowledge receipt of his petition by letter dated May 29, 1979 cn behalf of the Municipal Energy Agency of Mississippi ("MEAM"). MEAM had sought the issuance of an order to show cause pursuant to 10 C.F.R. 52.202 "to require the Mississippi Power & Light Company and its affiliate, Middle South Energy, Inc., to comply with license conditions attached to the construction permit for the Grand Gulf Nuclear Station, Units 1 and 2."

Your letter to Mr. McDiarmid indicates that the petition will be treated under 10 C.F.R. 52.206 and that appropriate action will be taken within a reasonable time.

Pursuant to the Notice filed for publication in the Federal Register, we make this response on behalf of Mississippi Power & Light Company ("MP&L"). As always, we wish to extend every effort to cooperate with the Commission in its review, and we will furnish any additional information that will assist you in your investigation. In this respect, we would note that MP&L has previously provided information in response to the NRC Staff's requests by letters for additional information ir review of the Applicants' op discussed below, the informa DUPLICATE DOCUFJT of MEAM's allegations and re to comply with conditions of Entire docurzat previously Grand Gulf Nuclear Station. entered in a system under:

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law OFFICES Coxxzn. Moons & CoRBER 1747 PENNSYLVANIA AVENtit. N. w.

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=====r .o.o== December 10, 1979 examrtA.esson" (acas ess asoo nossats.anoons e,co . 6 camma annaza s: arowtAw Mr. Harold Denton Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Donald L. Flexner Deputy Assistant Attorney General U.S. Department of Justice Washington, D. C. 20530 In the Matter of Mississippi Power & Light Company (Grand Gulf Nuclear Station, Unit Nos. 1 and 2)

Docket Nos. 50-416 and 50-417 Gentlemen:

We have reviewed the letter from the Ant arust Division of the Department of Justice (" Department") to the Nuclear Regulatory Commission ( "NRC" ) lated Noverter 11, 1979, in the captioned matter. The letter reflects the Deaartment's lack of knowledge of certain recent developments wnich might change its recommendations. The purpose of this let ter is to request that the NRC ask the Deparvment to reconsider its recommenda-tions in light of the new information, as may be appropriate considering the interrelationship between then agencies.

For the benefit of the NRC and the Depa.-tment, we are enclosing a copy of the pertinent documents which reflect the changes. We have also provided the Department with a copy of our letter of June 19, 1979 to the NRC stating our position under the applicable law regarding access te the Grand Gulf nuclear plant.

In its letter, the Depa the request by the Municipal

("MEAM") in its petition dat. DUPLICATE DOCUPINT show cause proceeding to det Light Comoany ("MP&L") has c Entire document previously attached to the construction entered into system under:

Nuclear Station, Units 1 and ANO %2ld6%I N o. of pages: