ML19310A762

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Forwards DOJ Containing Atty General Advice That No Antitrust Hearing Is Necessary for Proposed Amend to CP
ML19310A762
Person / Time
Site: Grand Gulf  Entergy icon.png
Issue date: 06/03/1980
From: Saltzman J
Office of Nuclear Reactor Regulation
To: Udall M
HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
References
NUDOCS 8006230088
Download: ML19310A762 (2)


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UNITED STATES

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/AIN 3 iMO Docket Nos. 50-416A 50-417A The Honorable Morris K. Udall, Chairman Subcomittee 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 receivec' additional antitrust advice from the Attorney General in connection with Mississippi Power & Light Company, Middle South Energy, Inc., and South Mississippi Electric Power Association's construction permit application for Grand Gulf Nuclear Station, Units No. 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 May 23,198'J, is enclosed.

In his letter he concludes:

... it is the Department's view that no antitrust hearing is necessary with respect to the proposed amendment to the construction permit."

Sincerely, AlJEROM SALTZMAN Jerome Saltzman, Chief Utility Finance Branch Division of Engineering Office of Nuclear Reactor Regulation

Enclosure:

Attorney General's Letter cc: Rep. Steven Syms 8006280g g

lId:ntical letters sent-to:

i, 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 Gray Hart, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510 cc:

Sen. Alan Simpson 6

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U.litittb Stattsf Departtitellt of 3ttstitt I

WASHINGTON, D.C. 20530 a

  • askST ANT attonhty Gthtaat ANTITaulf Osvis*0N May 23, 1980 Howard K.

Sh apar Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C.

20555 Re:

Mississippi Power & Light Company and Middle South Energy, Inc. Grand Gulf Nuclear Station, Units 1 and 2 NRC Docket Nos. 50-416A and 50-417A

Dear Mr. Shapar:

You have requested our advice pursuant to Section 105(c) of the Atomic Energy Act, as amended, regarding a proposed amendment to the construction permit of the above referenced nuclear units to allow South Mississippi Electric Power Association ("SMEPA") to become a co-owner of those units.

SMEPA will acquire a ten percent undivided ownership interest in Grand Gulf, which will be operated by Mississippi Power & Light Company on behalf of itself, Middle South Energy, Inc. and SMEPA.

Our review of the information submitted for antitrust review purposes, as well as other information available to the Department, provides no basis at this time to con.11ude that the participation in the Grand Gulf Nuclear Station, Units 1 and 2 by SMEPA would create or maintain a situation inconsistent with the antitrust laws.

Accordingly, it is the Department's view that no antitrust hearing is neces ary with respect to the proposed amendment to the construction i

permit.

Sincerely,

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i Richard Favretto Adting Assistant Attorney General Antitrust Division gooCo30 3W