ML19343B668
| ML19343B668 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 09/26/1980 |
| From: | Balough R AUSTIN, TX |
| To: | Glaser M, Mark Miller, Wolfe S Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19343B661 | List: |
| References | |
| NUDOCS 8012300024 | |
| Download: ML19343B668 (1) | |
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-. c:.3 Septemhor 26, 1980 4
I Marshall E.
. Miller, Esq.
Michael G.
Glaser, Esq.
Sheldon J.
Uolfe, Esq.
Atomic Safety and Licensing Board Panel United St a' es !!uclear Regulatory Co:r.:nission Washin.;t,n, D.C.
20055 i
Re:
Houston Lighting & Power Company, et al Docket t;os. 50-498A and 50-499A Ge n tla.'.;:
I have executed the stipulation ~regarding the license conditions for the South Texas Project Units 1 and 2 on-behalf of the City of Austin and have forwarded the original to Peter G. Flynn, Esq., of the Lowenstein, I;cw.T.an, Reis, Axelrad & Toll law fir:n.
A copy is attached.
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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j
i 1
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 1
In the Matter Of
)
)
HOUSTO:: LIGHTING & POWER
)
Docket Nos. 50-498A CCMPANY
)
50-499A (South Texas Project, Units
)
1 and 2)
)
STIPULATION I
l It is hereby stipulated and agreed by and cmong the United States Department of Justice ("Dopartment"), the Staf f of t N ::acicar Regulatory Commission ("MRC Staff") and Houston I.i ghting and Power Company ("HL&P"), Central and i
South West Corporation ("CSW"), acting for itself and its subsidiaries including Central Power and Light Company
("CP&L"), the City of Austin, Texas (" COA") and the' City Public Service Board of San Antonio, Texas ("CPSB") [herein af ter referred to collectively as " Applicants"J, as follows:
f 1.
Applicants hereby consent to incorporate into the license for South Texas Project, Units Nos. I and 2, t.he i
conditions set out in the attached document, entitled
(
" License Conditions for South Texas Project Units Non.-l i
and 2".
i i
2.
The Department, the NRC Staff and CSW are of the opinion, which they will communicate to. the. Board, ' tha t the licensing of the South Texas Project, Units Nos. l~and 2, 4
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_2-under these conditions will not create or maintain a situa-tion 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 105c of the Atcmic Energy Act in these dockets.
3(a).
The Department, the NRC Sta f f, 11Lt.P, COA and CPSD agree that none of them will seek or take any positivn in support of any modification of the attached conditions in this proceeding, and no Applicant listed in this snatence shall withdraw its consent to incorporation of these condi-tiens into the license for the South Texas Project notwi'h-standing the outcome of any further proceedings herein.
To the extent that the Department, the NRC, HL&P, COA or CPSB participates further in this proceeding, it will defend these conditions should they be ch'allenged.
3(b).
CSW will not seek or take any position in support of any modification of the attached conditions in this proceeding as those conditions apply to it (without prejudice to the right of CSW to seek a hearing before the NRC pursuant to paragraph B.(6)(a) of the attached condi-tions), and CSN shall not withdraw its consent to incorporation of these conditions as they apply to it into the license for the South Texas Project notwithstanding the outcome of any further proceedings herein.
To the extent 7
-. that CSW participates further in the proceeding, it will they apply to it should they be d e fend these conditions as challenged, but this obligation of CSW shall not extend to any issue raised by it in any proceeding initiated by it under paragraph E.(6)(a) of these conditions.
4.
Each of the Applicants denies that its past conduct and/or its proposed activities under the license for the South Texas Project without these conditions are inconsistr.nt with the antitrust laws in any respect, and nothing in this 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 in these conditions constitutes any evidence against any or Applicant or any admission by any Applicant as to any issue in this or any other proceeding.
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i UNITED STATES DEPARTMENT OF JUSTICE By p STAFF OF THE NUCLEAR. REGULATORY CCMMISSION By FA4,NA CENTRAL AND SOUTH WEST CORPORATION acting for itsel f and its subsidiaries . including Central Power and Light 2 Company By -- N/ t HOUSTON. LIGHTING AND POWER COMPANY i f ? By \\ g' L CITY OF AUSTIN, TEXAS s t c B'y, y( f 4pg(d,___,,_,., V l CITY PUBLIC SERVICE BOtRD OF SAN ANTONIO, TEXAS [. t R. L By M.O \\ h/\\ g s 3 rated: Sept.cmbe r 12, 1980 l ,..,v.w, w. ,,,,-.e-.. ,~,1 a - -w -v e ---+P '-"W'W T'
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SEFORE THE ATOMIC SAFETY AND LICENSING BOARO In the Matter Of TEXAS UTILITIES GENERATING ) NRC Docket Nos. 50-445A COMPANY, et al. ) 50-446A ) (Comanche Peak Steam Electric ) Station, Units 1 and 2) ) STIPULATION It is hereby stipulated and agreed by and among the United States Department of Justice (" Department"), the Staff of the Nuclear Regulatory Cc==ission ("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, i entitled " Proposed License Conditions for Comanche Peak t Steam Electric Station, Units 1 and 2" (hereinafter "these conditions"). W S '.es \\ 1/ v./ c(b {y /, >\\ th/k / V
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 Stear Electric Station, L' nits 1 and 2, under these 'snditions will net 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 recuests that the NRC conduct a hearing pursuant te Section 105: of the Ato ic Energy Act in these cockets. 3. No party to this Stipulation will seek or take any position in support of any modification of these conditions in this proceeding, and Applicant shall not withdraw its consent to incorporation of these conditions into the license for the Comanche Peak Stear Electric Station, Units 1 and 2, notwithstanding any further roceedings e 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 ac.tssion or evicence c: inconststency wtth or violation Of any law or regulation, state or federal. Nothing in this Stipulation or in these conditions constitutes any evidence against Ar.niicant or any admission bv Ap.nlicant as to any issue in this or any other roceeding. e STAFF OF THE NUCLEAR REGULATORY COMMISS'ON, By Ms.H - b, W_ '.'l'.v_A L h.. ~..r.s, S...r S Dp
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O v.L3 S. w. - r. .n .r n E.v [ %D TEX-LA ELECTRIC COOPERATIVE OF ,,.,X. S,.,,, .n t.-. / Ev Uv ' k- ~dE ~>s R ~ w* L l TEXAS UTILITIES GENERATING COMPA20.* m / N I) AaN _a Bv t Dated: September 12, 1960
UNITEP STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SEFORE THE ATOMIC SAFETY AND LICENSING BOAE2 In the Matter cf TEXAS UTILITIES GENERATINC- ) NRC Docket Nos. 50-445A COMPANY, et al. ) 50-446A ) (Comanche Peak Stear Electric ) Station, Units 1 and 2) ) STIPULATION It is hereby stipulated and agreed by and between West Texas Utilities Company, Central Power and Light Company, South Western Electric Power Company, Public Service Company of Oklahoma and Central and South West Corporation (jcintly "CSW") 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,- l entitled "Froposed 7,icense Conditions for Comanche Peak l Steam Electric Station, Units 1 and 2" (hereinafter "these conditions"). 1 i s \\ 11,(/ ( 1)2)- \\ r r ,s c g r v{ \\' C$ J t (s T b/ '-
. 2. CSW is of the opinion, which it will communicate to the Board, that the licensing of Comanche Peak Stear Electric Stction, Units 1 and 2, under these conditions will not create or maintain a situation ince nsis-tent with the antitrust laws or the policies thereunde ir accordance with the standards set forth in Section 105 of the Atomic Energy Act and will withdraw their request that the NRC conduct a hearing pursuant to Section 105: of the Atomic Energy Act in these dockets. 3. CSW will not seek, or take any position in suppert et, any modification of these conditiens in this hearing (without prejudice to the right of CSW to seek a further hearing before the NRC pursuant to paragraph 3.D.2(1)(a) of these conditions), and Applicant shall not withdraw its consent to inecrperation of these co:.ditions into the license for the Comanche Peak Steam Electric Station, Units 1 and 2, notwithstanding the outcome of any further proceedings herein. io the extent that CSW parti-cipates further in th< - oceeding, it will defend these conditions should they te challenged, but this obligation of CSW shall not extend to any issue raised by it in any proceeding initiated by it under paragraph 3.L.2(1)(a) of these conditions. J 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
_3_ t nothing in the Stipulation or in these conditions constitutes any admission or evidence of inconsistency with or violation cf any law or regulation, state or federal. Nothing in this Stipulatior or in these conditions constitutes any evidence against Applicant or any admission by Applicant as to any issue in this or any other proceeding. CENT" AND SOUTH WrST CORPORATION / By / /// / '/ / i TEXAMTILITIES GENERATING COMP 1dC N by J Dated: September 12, 1980 l i l j l l L}}