ML19308E226

Request for Antitrust Review.Requests Should Be Granted Per Public Law 91-560 of Atomic Energy Act of 1954.Affidavit Encl

ML19308E226
Person / Time
Site:	Crystal River
Issue date:	06/02/1971
From:	Fairman J GAINESVILLE, FL
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8003240768
Download: ML19308E226 (3)

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UNITED STATES OF AMERICA BEF~ ORE - THE ATOMIC ENTRGY COMMISSION In the Matte r of ) /.

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Florida Power Corporation ) . Docket No. 50-302 (Crystal River No. 3 )

Nuclear Generating Plant) )

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REQUEST FOR ANTITRUST REVIEW =

The City of Gainesville, Florida and the Gainesville

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Utilities Department (collectively, "Gainesville"), pursuant to Section 105c(3) of the Atomic Energy Act of 1954 as amended by Public Law 91-560 ("Act"), hereby request an antitrust review of the application by Florida Power Corporation for an operating lice ns e.

In support of this request the undersigned on behalf of l

Gainesville states that:

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1. A timely Petition for Leave to Intervene and Motion to Broaden Issues (" Petition") was filed by Gainesville on June 14, 1968 in the above-captioned proceeding, wherein Gainesville raised l l

the issue pertaining to antitrust considerations and sought to challenge the jurisdictional basis on which the Commission proposed to issue a permit for construction of the nuclear facility (Petition l pp. 4, 5).

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2. By Order of June 28, 1968 the Atomic Safety and Licensing Board granted Gainesville intervention and denied its Motion to Broaden the Issues.

3. Notice of Receipt of Application for Facility Operating License, 36 F.R. 8606 (May 8,1971) provided in pertinent part:

" . . . any person who intervened or who sought by timely written notice to the Commission to intervene in the con-struction permit proceedings . . . to obtain a determina-tion of antitrust considerations or to advance a jurisdictional basis for such determination has a right to obtain an anti-trust review under Section 105c of the Act of the application for an operating license for this facility, upon written .

request. . ."

4. Florida Power Corporation filed an application dated January 26, 1971, in the form of a Final Safety Analysis Report, to operate a nuclear power reactor at its Crystal River site in Citrus County, Florida.

WHEREFORE, Gainesville requests that an antitrust review of the instant application for such operating license be con-ducted as provided in the Act.

Respectfully submitted, CITY OF GAINESVILLE, FLORIDA, AND GAINESVILLE UTILITIES DEPARTMENT June 2, 1971 -- By /d&tew ,

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'Jame s F. Fairman, Jr.

Law Office of:~ . s Their Attorney George Spiegel-2600 Virginia Avenue, N.W.

Washington, D. C. 20037

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

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Florida Power Corporation ) Docket No. 50-302

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(Crystal River No. 3 )

Nuclear Generating Plant) )

ATTIDAVIT

' DISTRICT OF COLUMBIA, SS:

James F. Fairman, Jr., 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 Request for Antitrust Review for and on behalf of said parties; that he is authorized so to do; that he has read said Request and is familiar with the contents thereof; and that the matters and things therein set forth are true and cor' rect to the best of his know-  !

ledge, information or belief.

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[ mes F. Fairman, Jr. I Subscribed and sworn to before me j this 2nd day of June,1971.

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. Notary Public '

My Commission Expires September 30, 1974.

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