ML19339C005
| ML19339C005 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 11/06/1980 |
| From: | Saltzman J Office of Nuclear Reactor Regulation |
| To: | Horn C DUKE POWER CO. |
| References | |
| ISSUANCES-A, NUDOCS 8011170042 | |
| Download: ML19339C005 (1) | |
Text
{{#Wiki_filter:f "%g fff f ?, UNITED STATES P $ gg.' 'g NUCLEAR REGULATORY COMMISSION W ASHINGTON, D, C. 20555 ,j
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NOV 6 1980 Docket Nos. 50-413A ,'i 50-414A .:o i r r.:..
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'V Du'Ke Power Company Mlg6 ,z $t ATTN: Mr. Carl Horn, Jr. ?? Ed ^ Chairman, Board & Chief Fi G ~33 O vi e Executive Officer P. O. Box 33189 Charlotte, North Carolina 28242 Gentlemen: With reference to the construction permit application for Catawba Nuclear Station, Units No.1 and No. 2, the Attorney General has furnished the Comission additional antitrust advice pursuant to section 105c of the Atomic Energy Act of 1954, as amended. A copy of the Attorney General's-letter dated October 29, 1980, is enclosed for your information. We are also transmitting to the Office of the Federal Register a copy of the Attorney General's advice for publication. It should be noted that pursuant to section 2.714 of the Comission's Rules of Practice,10 CTil Port 2, a petition for leave to intervene and request for hearing on the antitrust aspects of the application may be filed by any person whose interest may be affected within thirty (30) days after publication of the notice in the Federal Register. Sincerely, m Jerome Saltzman, Chi Utility Finance Br ch Division of Engin ering Office of Nuclear Reactor Regulation
Enclosure:
Attorney General's Letter cc: J. Michael ficGarry, III, Esq. B0n nn 0 41.
U.lllittb Statts' Depart:11rI11of3Ittslite !-T wAsinsmus. nr. 2e 2 D 0CT 1930 .......~,.,,...c...n .~ m, o ...,0 Howard K. Shapar Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Re: Duke Power Company Catawba Nuclear Station Units 1 and 2 NRC Docket Nos. 50-413A and 50-414A
Dear Mr. Shapar:
to Section 105(c) of You have requested our advice pursuant of 1954, as amended, in connection with the Atomic Energy.Act the purchase of ownership interests in Duke Power Company's (Duke) Catawba Nuclear Station, Unit I by North Carolina Electric Membership Corporation (NCMEC) and the Saluda River Electric Cooperative (Saluda River). Duke's participation in the above captioned nuclear units review conducted by the J was the subject of an antitrust of Justice -(Department)_in 19.73. As a result of Department review, _the _ Department recommended-that-a-hearing be held that to determine whether.Dukels proposed. activities under the-subject license would create or maintain.a: situation inconsistent;with7the'. antitrust laws.-Because: Duke was-willing to have certain. conditions attached to,its_ license for the Catawba plant,. the Department recommended that=thecantitrust s had initiated be terminated. The sale of 75% proceeding it ownership in Unit 1 (56.25% to NCMEC, and 18.75% to Saluda of the discussions.between Duke and the River) was the result cooperative systems.in its aervice area that occurred-af ter-the -- cessation of those-proceedings. Our review of the information submitted for antitrust including responses to our requests for review purposes, relevant dats from over seventy neighboring electric systems, provides no basis at~this. time to conclude thatathe 1, by NCHEC and participation in the Catawba Station, Unit i c03 geh0 g i
or maintain a situation inconsistent Saluda River would create with the antitrust laws. Accordingly, i t is the Department's to the view that no antitrust hearing is necessary with respect subject transfer of ownership interests. fnc
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M.Lpt/ack e nfor Assi tant Attorney General Antit ust Division 1 l I i 4 4 e r -w-e}}