ML19331A500

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Responds to 710529 Request for Info on Antitrust Review Procedures Re CP Application.Forwards 10CFR2,App A.Views on Antitrust Matters May Be Submitted to AEC After 710628. W/O Encl
ML19331A500
Person / Time
Site: Midland
Issue date: 06/17/1971
From: Engelhardt T
US ATOMIC ENERGY COMMISSION (AEC)
To: Slyhouse P
AFFILIATION NOT ASSIGNED
References
NUDOCS 8007170773
Download: ML19331A500 (2)


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f g, 3 2p M d JUN 17 IBM Ms. Phyllis M. Slykhouse R. R.1 Ibb 0OCUMENT CONTAINS Midland, Michigan 48640 P00R QUAUTY PAGES

Dear Ms. 81ykhouse:

Tour letter of May 29, 1971, to the Secretary of the Commission regarding the legal notice published in the Midland Daily News on May 4, 1971, with respect to the Consumers Power Company application for construction permits for the Midland Plant, Units 1 and 2 (Decket Nos. 50 329 and 50-330), has been referred to me for reply.

In your letter yew have requested information em procedures relating to the antitrust review of that appliestion.

sections 2.102, 2.104(e) and Section VIII of Appendia A of 10 CFR Part 2 ef the Commission's " Rules of Practice" set forth the procedures followed by the Commission in sonnection with the antitrust reviews of applications. yor your information, I an enclosing a copy of 10 CFR

\\ Part 2.

The Consumers Power Company application for construction permita for the Midland Plant was transmitted to the Attorney General en December 28, 1970. On January 12, 1971, in accordance with the above procedures, the Commission published in the Federal Remister a notice stating that the application had been transmitted to the Attorney General and inviting the submittal to the Commission within sixty days of the views of any person on the antitrust aspects of the application for censideration by the Attorney General.

8,ince the sixty day period noted above has elapsed and the 180 day period during which the Attorney General is to complete his antitrust review of the application will terminate on June 28, 1971, you may wish to follow the procedures specified in the above referenced provisions of 10 CFR Part 2 to make your views on antitrust matters kneva to the Commission. Irrespective of whether your views are considered by the Attorney General, the Atomic Energy Act of 1954, as amended, requires that the ultimate finding with respect to antitrust matters is to be made by the Commission. Accordingly, your views on antitrust matters in eonnecties with this application may be submitted to the Secretary of the Commission after June 28, 1971.

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Ms. Phyllis M. Slykhouse 2-JUN 171gn If I can be of further assistance, please contact me.

Sincerely, TFE Pfl$

Thomes F. Engelhardt Trial Counsel Enciosure:

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