ML19326D247
| ML19326D247 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/03/1978 |
| From: | Chanania F, Vogler B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8006090678 | |
| Download: ML19326D247 (5) | |
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4 UNITED STATES OF AMERICA j
NUCLEAR REGULATORY CCMMISSION
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BEFORE THE COMMISSION 2/2/79 9
a In the Matter of
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CONSUMERS POWER COMPANY
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NRC Docket Nos(50-32SD (Midland Plant, Units 1 and 2)
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~50-330A STAFF'S REPLY TO COMMENTS OF CONSUMERS POWER COMPANY IN RESPONSE TO COMMISSION ORDER OF JANUARY 13, 1978 The NRC Staff hereby, replies to the Comments of Consumers Power Company (" Consumers") in Response to the Commission Order of January 13, 1978.
For the most part, the points raised by Consumers have been previously addressed in the Staff's own response to the Commission's January 13th Order, and need no further discussion.
However, the Staff believes it necessary to reply to Consumers' allegations about the adverse impact of Commission review of ALAB-452 and NRC antitrust 1/
standards upon electric utility decisions for nuclear plant construction.
In the Staff's view, Consumers' representations regarding the adverse impacts are incorrect because there is no factual basis to support tihem. A brief review of certain salient aspects of the NRC's antitrust review program under the Atomic Energy Act of 1954, as amended, makes this clear.
Since 1970,' eighty-nine applications for nuclear units have under-gone antitrust review under the Atomic Energy Act. These eighty-nine applications involve seventy-four out of the largest one hundred electric utilities in the United States. These seventy-four utilities own 77". of the 1/ Comments of Consumers Power Company in Response to Commission Order of January 13, 1978, at pages 3-4.
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total generation of electric power in the United States.
During this period, seventeen Department of Justice advice letters were issued in which antitrust hearings were recommended, twenty-four advice letters were issued in which no hearings were recommended because of the imposition of certain license conditions, and forty-eight advice letters were issued in which no hearings and no license conditions were found to be necessary.
To date, thirty-four NRC (or AEC) licenses have' issued which have included various anti-3/
trust conditions.
Of these thirty-four licenses, twenty-nine were issued to electric utilities which are among the largest one hundred in the United States.
A cursory view of the facts, as presented above, makes it clear that a large portion of the major electric utilities in the United States are familiar not only with the nature, scope and standards of antitrust review under the Atomic Energy Act, but also with the nature of NRC antitrust license conditions.
Accordingly, the Staff believes 2/ Peak load figures were taken from Electrical World, " Annual Statistical Report," Vol.185, No. 6 (March 15,1976). While some upward growth of these figures has occurred, they still provide a useful comparative figure.
3/ These figures represent the latest compilation by the NRC Staff.
Some fi.gures depend, in a minor fashion, on characterization of the status of certain applications at this time.
For example, the-potential license conditions which are found in the Farley and Perry, Davis-Besse proceedings have not been included in the 34 licenses with antitrust conditions, since both are on appeal to the Appeal Board.
i that the Commission, in reaching its decision on whether to defer review of ALAB-452, should not consider the unsupported statements of Consumers regarding the alleged adverse impacts of deferral on the electric utility industry.
' Respectfully submitted,
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< )~.,rjj /((//Ki,% i f :( l.-j Benjamin H. Vogler
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Deputy Director Antitrust Division, OELD Fredric D. Chanania Counsel for NRC Staff Dated at Bethesda, Maryland this 3rd day of February 1978.
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4 UNITED STATES OF AfiERICA NUCLEAR REGULATORY C0f'MISSIOM BEFORE THE COMMISSION In the Matter of
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l CONSUMERS POWER COMPANY
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NRC Docket Nos. 50-329A (Midland Plant, Units 1 and 2)
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50-330A CERTIFICATE OF SERVICE I hereby certify that copies of STAFF'S REPLY TO COMMENTS OF CONSUMERS POWER COMPANY IN RESPONSE TO COMf1ISSION ORDER OF JANUARY 13,1978, in the above captioned proceeding have been served on the following by deposit in the United States mail, first class or air mail, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 3rd day of February 1978.
Alan S. Rosenthal, Chairman Jerome Saltzman, Chief Atomic Safety and Licensing Antitrust and Indemnity Group Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Washington, D.C.
20555
- Donald L. Flexner. Esc.
Michael C. Farrar David A. Leckie, Esq.
Atomic Safety and Licensing Forrest Bannon, Esq.
Appeal Board P.O. Box 481 U.S. Nuclear Regulatory Comission Washington, D.C.
20044 Washington, D.C.
20555
- Honorable Frank Kelly John F. Farmakides Attorney General Atomic Safety and Licensing State of Michigan Appeal Board Lansing, Michigan 48913 U.S. Nuclear Regulatory Comission George Spiegel, Esq.
Washington, D.C.
20555
- Robert A. Jablon, Esq.
Hugh K. Clark, Esq.
James Carl Pollock, Esq.
Atomic Safety and Licensing Board 2600 Virginia Avenue, N.W.
P.O. Box 127A Washington, D.C.
20037 Kennedyville, Maryland 21645 Atomic Safety and Licensing Board Dr. J.V. Leeds, Jr.
U.S. Nuclear Regulatory Comission P.O. Box 941 Washington, D.C.
20555
- Houston, Texas 77001 Docketing and Service Section William Warfield Ross, Esq.
Office of the Secretary Keith S. Watson, Esq.
U.S. Nuclear Regulatory Commission Wald, Harkrader & Poss Washington, D.C.
20555 132019th Street, N.W.
Washington, D.C.
20036 Melvin G. Berger, Esq.
Janet R. Urban, Esq.
. Antitrust Division Department of Justice, P.O. Box 14141 Washingtor., D.C.
20044
' t Chairman Hendrie Office of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Commissioner Gilinsky Office of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Commissioner Kennedy Office of the Commission i
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 *
'Comissioner Bradford Office of the Commission U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- stk' Fredric 0. Chanania Counsel for NRC Staff e
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