ML19319B413
| ML19319B413 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 01/14/1977 |
| From: | Stolz J Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19319B410 | List: |
| References | |
| NUDOCS 8001150985 | |
| Download: ML19319B413 (10) | |
Text
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4 UNITED STATES
';f NUCLEAR REGULATORY COMMISSION 3'A
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THE TOLED0 EDIS0N COMPANY AND THE CLEVELAND ELECTRIC ILLUMINATING COMPANY (Davis-Besse Nuclear Power Station, Unit No.1)
DOCKET NO. 50-346 CONSTRUCTION PERMIT AMENDMENT Construction Permit No. CPPR-80 Amendment No. 3 Pursuant to an Initial Decision (Antitrust), dated January 6,1977, the Nuclear Regulatory Commission has amended Construction Permit No. CPPR-80 by adding paragraph 3A. to read as follcws:
3A. This permit is :.ubject to the antitrust conditions contained in Appendix A atterhed and are hereby incorporated in this permit.
This construction permit amendment is effective as of the date of issuance.
FOR THE NUCLEAR REGULATORY COMMISSION
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L odnF.Stolz,' Chief aight Water Reactors Branch No. 1 Division of Project Management Date of Issuance:
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APPSIDIX A LICENSING CONDITIONS 1.
Applicants shall not condition the sale or exchange of electric energy or the grant or sale of bulk power services upon the condition that any other entity a.
enter into any agreement or understanding restricting the use of or alienation of such energy or services to any customers or territories; b.
enter into any agreement or understanding requiring the receiving entity to give up any other. bulk power service options or alterna-tives or to deny itself any market opportunities; c.
withdraw any petition to intervene or forego participation in any proceeding before the Nuclear Regulatory Commission or refrain from instigating or prosecuting any antitrust action in any other forum.
2.
Applicants, and each of them, shall offer interconnections upon reasonable terms and conditions at the request of any other electric entity (ies) in the CCCT, such inter-connection to be available (with due regard for any necessary and applicable safety procedures)
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for operation in a closed-switch synchronous operating mode if requested by the interconnecting entity (ies).
Ownership of transmission lines and switching stations
. associated with such interconnection shall remain in the hands of the party funding the interconnection subject however to any necessary safety procedures relating to disconnection facilities at the point of power delivery.
Such limitations on ownership shall be the least necessary to achieve reasonable safety practices and shall not serve to deprive purchasing entities of a means to effect additional bulk service options.
3.
Applicants shall engage in wheeling for and at the request of other entities in the CCCT:
1) of electric energy from delivery points of l
Applicants to the entity (ies); and, 2) of power generated by or available to the other entity, as a result of its ownership or entitlements* in generating facilities, to
" entitlement" includes but is not LLnited to power made available to an entity pursuant to an exchange agreement.
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delivery points of App.licants designated by the other entity.
Such wheeling services shall be available with respect to any unused capacity on the transmission lines of Appli-cants, the use of which will not jeopardize Applicants' system.
In the event Applicants must reduce wheeling services to other entities due to lack of ' capacity, such reduction shall not be effected until reductions of at least 5% have been made in transmission capacity allocations to other Applicants in these proceedings and thereafter shall be made in proportion to reductions imposed upon other Applicants to this proceeding.*
' Applicants shall make reasonable provisions for disclosed transmission requirements of other entities in the CCCT La planning future transmission either individually or within the CAPCO grouping.
By " disclosed" is meant the giving of reason-able advance notification of future require.ments by entities utilizing wheeling services to be made available by Applicants.
The objective of this requirement is to prevent the pre-emption of unused capacity on the lines of one Appli-cant by other Applicants or by entities the transmitting Applicant deems noncompetitive.
Competitive entities are to be allowed opportunity to develop bulk power services options even if this results in re-allocation of CAPCO transmission channels.
This relief is required in order to avoid prolongarion of the effects of Applicants' illegally sustained dominance.
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4.
a)
Applicants shall make available membership in CAPCO to ady entity in the CCCT with a system capability of 10 MW or greater; b)
A group of entities with an aggregate system capability of 10 MW or greater may obtain a single membership in CAPCO,on a collective basis.
c)
Entities applying for membership in CAPCO pursuant to License Condition 4 shall become members subject to the terms and conditions of the CAPCO Memorandum of Understanding of September 14, 1967, and its implementing agreements; except that new members may elect to participate on an equal percentage of reserve basis rather than a P/N allocation formula for a period of twelve years from e.g., Wholesale Customer of Ohio Euison (WCOE).
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date of entrance.
Folloning the twelfth year of entrance, new members shall be expected to adhere to such allocation methods as are then employed by CAPCO (subject to equal opportunity for waiver or special consideration granted to original CAPCO members which then are in effect).
d)
New members 'j oining CAPCO pursuant to this provision of relief shall not be entitled to exercise voting rights until such time as the The selection of the 12-year period reflects our determination that an adjustment period is necessary since the P/N formula has a recognized effect of discriminating against i
small systems and forcing them to forego economies of scale in generation in order to avoid carrying excessive levels of reserves.
We also found that P/N is not entirely irrational as a method of reserve allocation.
We have observed that Applicants themselves provided adjustment periods and waivers to integrate certain Applicants into the CAPCO reserve requirement program.
The 12-year period should permit new entrants to avoid initial discrimination but to accommodate and adjust to the CAPCO system over some reasonable period i
of time.
Presumably new entrants will be acquiring owner-ship shares and entitlements during the 12-year period so that adverse consequences of applying the P/N formula will be mitigated.
m system capability of the joining member equals or exceeds the system capability of the smallest member of CAPCO which enjoys voting rights.
5.
Applicants shall sell maintenance power to requesting entities in the CCCT upon terms and conditions no less favorable than those Applicants make available:
(1) to each other either pursuant to the CAPCO agreements or pur-suant to bilateral contract; or (2) to non-Applicant entities outside the CCCT.
6.
Applicants shall sell emergency power to requesting entities in the CCCT upon terms and conditions no less favorable than those Applicants make available:
(1) to each other either pursuant to the CAPCO agreements or pursuant to bilateral contract; or (2) to non-Applicant entities outside the CCCT.
Our objective is to prevent impediments to the operation and development of an area-wide power pool through the inability of lesser entities to respond timely or to make necessary planning commitments.
While we grant new member entities the opoortunity to participate in CAECO it is not I
out intent to relieve joining entities of responsibilities and obligations necessary to the successful operation of the pool.
For those smaller entities which do not wish to assume the broad range of obligations associated with CAPCO membership we have provided for access to bulk power service options which will further their ability to survive and offer competition in the CCCT.
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. Applicants shall sell economy energy to requesting entities in the CCCT, when available, on terms and con-i ditions no less favorable than those available:
(1) to each other either pursuant to the CAPCO agreements or pursuant to bilateral contract:
or (2) to non-Applicant i
entities outside the CCCT.
8.
Applicants shall share reserves with any interconnected generation entity in the CCCT upon request.
The requesting entity shall have the opt. ion of sharing reserves on an equal percentage basis or by use of the CAPCO P/N allocation formula or on any other mu'ually agreeable basis.
t 9.
a)
Applicants shall make available to entities in the CCCT access to the Davis-Besse 1, 2, and 3 and the Perry 1 and 2 nuclear units and any other nuclear units for which Applicants or any of them, shall apply for a construction permit or operating license during the next 25 years.
i Such access, at the option of the requesting entity, shall be on an ownership' share, or unit participation or contractual pre-purchase of 6
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power basis.
Each' requesting entity (or collective group of entities) may obtain up to 10% of the capacity of the Davis-Besse and Perry Units and 20% of future units (subject to the 25-year limitation) except that once any entity or entities have contracted for alloca-tions totaling 10% or 20% respectively,no further participation in any given unit need be offered.
b)
Commitments for the Davis-Besse and Perry Units must 1
be made by requesting entities within two years after this decision becomes final and within two years after a license application is filed for future units (sub-ject co the 25-year limitation).
10.
These conditions are intended as minimum conditions and do not preclude Applicants from offering additional bulk power services or coordination options to entities within or without the CCCT.
However, Applicants shall rot deny bulk power ser-vices requi' red by these conditions to non-Applicant entities in the CCCTbaced upon prior commitments arrived in the CAPCO Memorandum of Understanding Requesting entities election as to the type of access may be affected by provisions of state law relating to dual ownership of generation facilities by municipalities and investor-owned utilities.
Such laws may change during the period of applicability of these conditions.
Accordingly, we allow requesting entities to be guided by relevant legal and financial considerations in fashioning their requests.
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l cr implementing agreerents. Preemption of options to heretofom deprived entities shall be regarded as inconsistent with the purpose and intent of these conditions.
The above conditions are to be implemented in a manner consistent with the provisions of the Federal Pcwer Act and all rates, charges cr practices in connecticn therewith are to be subject to the approval of regulatory agencies having jurisdiction over them.
The above conditions should be attached to licenses for the Davis-Besse 1, 2 and 3 nuclear units.
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