ML19343A336

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Stipulation Incorporating New License Conditions W/O Admission of Violation to Antitrust Laws
ML19343A336
Person / Time
Site: Comanche Peak  
Issue date: 09/12/1980
From: Bouknight J, Burchette W, Chanania F, Fabrikant R
JUSTICE, DEPT. OF, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC. (FORMERLY, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:
Shared Package
ML19343A334 List:
References
ISSUANCES-A, NUDOCS 8009170232
Download: ML19343A336 (3)


Text

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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of TEXAS UTILITIES GENERATING

)

NRC Docket Nos. 50-445A COMPANY. et al.

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50-446A

)

(Comanche Peak Steam Electric

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Station, Units 1 and 2)

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STIPULATION It is hereby stipulated and agreed by and among the United States Department of Justice (" Department"), the Staff of the Nuclear Regulatory Commission ("NRC Staff"), Tex-La Electric Cooperative of Texas, Inc.

(" Tex-La"),

and Texas Utilities Generating Company (" Applicant"),

as follows:

1.

Applicant hereby consents to incorporate into the license for Comanche Peak Steam Electric Station, Units 1 and 2, the conditions set out in the attached document, entitled " Proposed License Conditions for Comanche Peak Steam Electric Station, Units 1 and 2" (hereinafter "these conditions").

8009170 2 3 2. --

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. 2.

The Department, NRC Staff and Tex-La are of the opinion, which they will communicate to the Board, that the licensing of Comanche Peak Steam Electric Station, Units 1 and 2, under these conditions will not create or maintain a situation inconsistent with the antitrust laws or the policies thereunder in accordance with the standards set forth in Section 105 of the Atomic Energy Act and will withdraw their requests that the NRC conduct a hearing pursuant to Section lO5c of the Atomic Energy Act in these dockets.

3.

No party to this Stipulation will seek or take any position in support of any modification of these conditions in this proceedino, and Applicant shall not withdraw its consent to incorporation of these conditions into the license for the Comanche Peak Steam Electric Station, Units 1 and 2, notwithstanding any further proceedings herein.

To the extent that any party to this Stipulation participates further in this proceeding, it will defend these conditions should they be challenged.

4.

Applicant denies that its past conduct and/or its proposed activities under the license for Comanche Peak Electric Station without these conditions are inconsistent with the antitrust laws in any respect, and

. nothing in the Stipulation or in these conditions constitutes any admission or evidence of inconsistency with or violation of any law or regulation, state or federal.

Nothing in this Stipulation or in these conditions constitutes any evidence i

against Applicant or any admission by Applicant as to any issue in this or any other proceeding.

STAFF OF THE NUCLEAR REGULATORY COMMISSION er By h,

4NLA44 tv UNITED STATES DEPARTMENT OF JUSTICE By

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TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC.

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By TEXAS UTILITIES GENERATING COMPANY h

By J

l Dated:

September 12, 1980