ML19305D236

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Forwards DOJ Providing Addl Antitrust Advice Re CP Application.Ltr Concludes That No Basis for Antitrust Hearing Was Disclosed During Review of Info Re Bangor Ownership of 50 MW Share in Facility
ML19305D236
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 03/26/1980
From: Saltzman J
Office of Nuclear Reactor Regulation
To: Dingell J, Hart G, Moffett T, Udall M
HOUSE OF REP., GOVERNMENT OPERATIONS, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, HOUSE OF REP., INTERSTATE & FOREIGN COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS
References
NUDOCS 8004140279
Download: ML19305D236 (2)


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MR 2 6198D Uocket Nos. 50-443A 50-444A The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

This is to inform the Subcommittee on Energy and the Environment that the Commission has received additional antitrust advice from the Attorney General in connection with the construction permit application of Public Service Company of flew Hampshire,. et al. for Seabrook Nuclear Power Station, Units llo. 1 and No. 2.

This advice is rendered pursuant to section 105c of the Atomic Energy Act of 1954, as amended.

A copy of the Attorney General's letter dated March 17, 1980, is enclosed.

In his letter he concludes:

... Our review of the information submitted, as well as other relevant information available to us, has' disclosed no basis upon which to conclude that an antitrust hearing is necessary regarding Bangor's ownership of a fifty megawatt share in the Seabrook Units."

Sincerely, 7MT20!2!!di1Fjdj Jerome Saltzman, Chief Antitrust and Indemnity Group Office of Nuclear Reactor Regulation

Enclosure:

Attorney General's Letter cc: Rep. Steven Symms M

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t Identical letters sent to:

The honorable John D. Dingell, Chairman Subcommittee on Energy and Power Committee on Interstate and Foreign Commerce United States House of Representatives Washington, DC 20515 cc:

Rep. Clarence J. Brown The Honorable Toby Moffett, Chairman Subcommittee on Environment, Energy and Natural Resources Committee on Government Operations United States House of Representatives Washington, DC 20515 cc: Rep. Paul N. McCloskey, Jr.

The Honorable Gary "- t, Chairman Subcommittee on Nuciear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510 cc:

Sen. Alan Simpson S

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WASIHNGTON, D.C. 20530 YW 3 ; ep. e50 ASLST A%T ATTORhtY CLNERAL ANTITRU5T OlvisON Howard K.

Shapar, Esquire Executive Legal Director Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Seabrook Nuclear Power Station Units 1 and 2 Public Service Company of New Hampshire, et al.

NRC Dkt. Nos. 50-443A & 50-444A

Dear Mr. Shapar:

You have requested our advice pursuant to Section 105c of the Atomic Energy Act of 1954, as amended, in regard to changes in the ownership interests in the above referenced units that will result in Bangor Hydro Electric Company (Bangor) owning a fifty megawatt share of the units.

Although Bangor is already a participant in the Seabrook Units, no previous antitrust advice had been sought due to the de minimis nature of its participation.

The owner-ship share of fifty megawatts, however, does require the Department to determine whether Bangor's participation would create or maintain a situation inconsistent.with the antitrust laws.

In the event that the Department concluded that Bangor's participation would create or' maintain a situation inconsistent with the antitrust laws, the Department would advise the Nuclear Regulatory Commission to conduct an antitrust hearing on this matter.

Our review of the information submitted, as well as other relevant information available to us, has disclosed no basis upon which to conclude that an antitrust hearing is necessary regarding Bangor's ownership of a fifty megawatt share in the Seabrook Units.

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