ML19317E262

Settlement Agreement Between Applicant,Municipal Intervenors,Nc Electric Membership Corp & Blue Ridge Electric Membership Corp

ML19317E262
Person / Time
Site:	Oconee, Mcguire, McGuire
Issue date:	03/28/1975
From:	Booth D, Crisp W, Stover D BLUE RIDGE ELECTRIC MEMBERSHIP CORP., DUKE POWER CO., NORTH CAROLINA ELECTRIC MEMBERSHIP CORP., TALLY, TALLY & BOUKNIGHT
To:	NRC COMMISSION (OCM)
Shared Package
ML19317E244	List: ML19317E243 ML19317E262
References
NUDOCS 7912170499
Download: ML19317E262 (4)

Text

. .

&pwk A Q UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of )

)

DUKE POWER COMPANY ) Docket Nos. 50-269A, 50-270A,

) 50-287A, 50-369A, (Oconee Units 1, 2 & 3 ) and 50-370A McGuire Units 1 & 2) )

)

and )

)

(Catawba Nuclear station, ) Docket Nos. 50-413A and 50-414A Units 1 & 2) )

SETTLEMENT AGREEMENT This settlement agreement, made and entered into between Duke Power Company (Company) and the Cities of Albemarle, High Point, Landis, Levir.gton, Lincolnton, Monroe, and Shelby, North Carolina (Municipal Intervenors) and North Carolina Electric Membership Corporation and Blue Ridge Electric Membership Corporation (EMC Intervenors).

WITNESSETH:

1. The Municipal Intervenors have intervened in the Atomic Energy Commission (now Nuclear Regulatory Commission, "NRC") antitrust review proceedings concerning the Company's Oconee and McGuire Nuclear Statione (NRC Docket Nos. 50-269A, 50-270A, 50-287A, 50-369A, and 50-370A); and both the Municipal and the EMC Intervenors have intervened in the NRC antitrust review proceeding concerning its Catawba Nuclear Station (NRC Docket Nos. 50-413A and 50-414A).

2. The parties to this Settlement Agreement have agreed upon a Statement of Commitments, attached hereto as part of Appendix A, on the I

7912170

2-basis of which Statement they agrec to settle all the proceedings referred to in Paragraph I hereof.

3. The Statement referred to above is that made by the Company as the basis of settlement among it, the Department of Justice, and the AEC Staff in the above-named proceedings; and found to be in the public interest by the AEC Atomic Safety and Licensing Board in the Oconee-McGuire consolidated proceeding.

4. The Company shall accept the commitments contained in the aforesaid Statement, and each of them, as conditions to any construction permits and operating licenses issued by the AEC or to be issued by the NitC for the Oconee, McGuire and Catawba Nuclear Stations.

5. The Municipal Intervenors and the EMC Intervenors shall withdraw any opposition heretofore expressed to the issuance of the licenses involved in those proceedings and shall support the issuance of such licenses, subject to the conditions prescribed in paragraph 4 hereof, without further hearings.

6. The agreement reached herein among the Company and the l

Municipal and EMC Intervenors is expressly contingent upon (1) acceptance or approval by the NitC of such agreement, without modification unless such Cornmission modification is agreed to by the parties; (2) the approval of the I

(1. S. Court of Appeals for the District of Columbia Circuit of the dismissal of the petitions for review is Case Nos. 73-1185 and 73-1237; and (3) the i

6

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4 acceptance or approval by the Federal Power Commission of the settlement agreement dated htis 4[ ,1975, in FPC Docket Nos. E-7557, E-7720, and E-7994, in accordance with its terms.

7. The making of this Settlement Agreement does not in any respect constitute an admission by any party that any allegation, con-tention, or defense made against it in the above-described AEC (NRC) proceedings is true or valid, nor does such agreement establish any principle or constitute agreement by any party with any principle or to the application of any rule or construction of law. In any future pro-ceedings relating to the construction or licensing of any project of any party hereto (other than a proceeding involving the acceptance, approval, honoring, or enforcement of this Agreement), the parties shall not be bound or prejudiced by this Agreement.

8. This Agreement shall be promptly submitted to the Nuclear Regulatory Commission; and all parties shall cooperate in securing NRC approval or acceptance thereof without modification. If the NRC shall not accept or oprove this Agreement without modification it shall be withdrawn, shall not be binding on the parties, and shall not be part of the record in the l

above-named NitC dockets. If the NRC shall not accept this Agreement >

without modification, the Agreement is and shall be privileged and shall not be used except as a basis for further settlement discussion (including discussion with a view to agreement by the parties on any modifications required by the NRC) in the above-named dockets. All offers of settlement I

and discussion relating thereto are and shall be privileged and shall not be used in any manner, for any purpose, in connection with these dockets.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed and executed this v/h day of morA ,

!!)75, by their representatives thereunto duly authorized.

/ Si 1Da.J , d S SkJer For the Cities of Albemarle, High Point, Landis, Lexington, Lincolnton, Monroe, and Shelby, North Carolina g -

/ u LU i /bes&< / - 0,.

For North Carolina Electric' Membership Corporation and Blue Ridge Electric Membership Corporation

($/ Sw /n t) . Wh For Duke P6wer Company