ML19308D794

Statement of Position,Conditional Request for Hearing & Petition to Intervene Re Antitrust Aspects & Proposed Conditions to Util Application for Ol.G Spiegal Affidavit Encl

ML19308D794
Person / Time
Site:	Crystal River
Issue date:	04/11/1972
From:	Fairman J, Spiegel G GAINESVILLE, FL
To:
References
NUDOCS 8003180731
Download: ML19308D794 (6)

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UNITED. STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION

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In the Matter of )

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Florida Power Corporation ) Docket No. 50-302A

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(Crystal River No. 3 )

Nuclear Generating Plant) )

S,TATEMENT OF POSITION AND CONDITIONAL REQUEST FOR HEARING AND PETITION TO INTERVENE The City of Gainesville, Florida, and the Gainesville Utilities Department ("Gainesville") , hereby state their position with regard to the proposed conditions to the operating license, conditionally request a hearing on the antitrust aspects to the application by Florida Power Corporation (" Florida Power") for an operating license, and conditionally petition to intervene if that be necessary, all as set out below:

1. This proceeding is upon applications by Florida Power for authority to construct and operate Crystal River No. 3 Nuclear Generating Plant.

2. Gainesville, upon petition to intervene, was admitted as a party on June 28, 1968 in this proceeding, 8 o os 18 o 57:3"/

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and participated in hearings on Florida Power's application for a provisional construction permit. Gainesville has remained as an intervenor through the current phase of the proceeding which involves an application for an operating license. On June 2, 1971, Gainesville requested an antitrust review pursuant to Section 105c(3) of the Atomic Energy Act of 1954, as amended.

3. Gainesville generates electricity which it transmits, distributes and sells within and about its city limits in competition with Florida Power. Gainesville and Florida Power are arranging for the construction of facilities,and an operating agreement, for interconnected operations pursuant to the terms of Federal Power Commission orders: Gainesville v. Florida Power Corporation, 40 FPC 1227, 425 F.2d 1196 (CA5, 197 0) , 402 U.S. 515 (1971).

Gainesville has requested from Florida Power the rates, terms and conditions for transmission of power between Gainesville and other electric utilities.

4. The Department of Justice, by letter of February-11, 1972, recommends that certain " commitments" made by Florida Power be imposed as license conditions by the Commission, and that, if this were done, there would l

be no need for an antitrust hearing in this matter.

5. Gainesville questions whether the commitment with reference to Florida Power's transmission commitment is sufficiently definite to be enforceable. Applicants' commitment is stated as follows:

" Applicant will facilitate the exchange of bulk power by transmission over its system between or among two or more entities with which it is interconnected on terms which will fully compensate it for the use of its system to the extent that subject arrange-ments reasonably can be accommodated from a functional and technical standpoint." (Florida Power letter to Justice, December 6, 1971).

This statement is unsatisfactory, unless it is interpreted as an. unqualified obligation to transmit bulk power upon sufficient advance notice as may be required to accommodate the arrangement from a functional and technical standpoint.* /

• / Florida Power has stated its commitment on January 3, 1972, before the Federal Power Commission as follows:

" Florida Power, it is noted, wheels power from other sources to its wholesale customers and has explicitly stated its willingness to offer such service where technically and operationally feasible.

(Florida Power Corporation's Answer to Municipal Customers' Petition to Intervene, Request for Five month's Suspension adn Motion to Reject", FPC Docket Mo. E - 7679, page 13).

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In other words, Florida Power would be obligated to include in its planning and construction programs sufficient trans-mission capacity as required for other entities, provided they give Florida Power adequate advance notice. Further, to be assured that the commitment will be enforceable, it is necessary that the license conditions requirc the filing of a transmission service rate schedule at the Federal Power Commission under the Federal Power Act.

6. Unless the Commission is prepared to condition the operating license in accordance with the foregoing, Gainesville hereby requests a hearing on the antitrust aspects of the application.

7. Gainesville believes that it is already a party intervenor in the proceeding. If there is any question, this' submission is hereby presented as a petition to intervene under Section 2.714 of the Commission's Rules of Practice.

8. The Commission on February 15, 1972 mailed to Gainesville's Counsel a copy of the Attorney General's letter of February 11, 1972. Gainesville was not aware of the fact that formal notice was filed in the Federal Register-on February 19, 1972 (37 F.R. 3782) which states that petitions for leave to intervene and request for hearings shall be' filed within 30 days thereafter.

UNITED STATES OF AMERICA BEFORE THE ATOMIC ENERGY COMMISSION In the Matter of )

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Florida Power Corporation ) Docket No. 50-302A

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(Crystal River No. 3 )

Nuclear Generating Plant) )

AFFIDAVIT Geore,e Spiegel, being first duly sworn, deposes and says that he is the attorney for the City of Gainesville, Florida and Gainesville Utilities Department; and that as such he has signed the foregoing Statement of Position and Conditional Request for Hearing and Petition to Intervene for and on behalf of said parties; that he is authorized so to do that he has read said Statement and is familiar with the contents thereof; and that the matters and things therein set forth are true and correct to the best of his knowledge, information or belief.

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George Spiegel /

Subscribed and sworn to before me this lith day of April, 1972.

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'Witc.c,yb-(jm.xay

_ Notary Public, D. C.

My commission expires September. 30,.1974.

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Gainesville requests that this submission be accepted by the Commission, if not considered timely, because of good coursaunder all the circumstances: the overlooking of the Notice, the importance of the matters, the active participation by Gainesville throughout the proceeding, and the fact that no party will be prejudiced thereby.

Respectfully submitted, CITY OF GAINESVILLE, FLORIDA, AND GAINESVILLE UTILITIES DEPARTMENT By a- 4. "EM George' Spiegel' April ll, 1972 Law Offices of: By - docu. .4 d/4 <-

[/amesF. Fairman, Jr.

George Spiegel V 2600 Virginia Avenue, N.W. Their Attorneys Washington, D. C. 20037

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