ML19345H092
| ML19345H092 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 04/29/1981 |
| From: | Hodgdon A, Vogler B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-A, NUDOCS 8104300473 | |
| Download: ML19345H092 (5) | |
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UllITED STATES OF NIERICA
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llVCLEAR REGULATORY C0f t!11SSIOll dC8 "f
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6- %gW BEFORE THE C0!;i11SS1071 s
In the !!atter of y
m SOUTil CAROLIllA ELECTRIC & GAS flRC Docket flo. 50-39 C0!! pally and SOUTil CAROLIllA PUBLIC SERVICE AUTil0RITY (Virgil C. Sunner fluclear Station, Unit 1)
NRC STAFF COV.EitT ON PETITION FOR LEAVE TO INTERVENE I!l AliTITRUST MATTER I.
INTRODUCTI0fl On Ilarch 23, 1981, Fairfield United Action (thereafter "FUA") filed a petition to intervene on South Carolina Electric & Gas Company's appli-cation for a license to operate the Virgil C. Summer Nuclear Station, Unit 1.
FUA sought to intervene not only on the issues set out in the notice of opportunity for hearing published on April 18, 1977, 42 Fed.
Reg. 20203, but also on antitrust matters.
On April 3,1981, Applicant filed its answer to FUA's untimely pe-tition, asserting, among other things, that an Atonic Safety and Licen-sing Board constituted to hear health and safety and environmental natters lacks jurisdiction to hear antitrust matters.
On April 13, 1981, NRC Staff filed an opposition to the untimely pc-tition, pointing out that the Board with which the petition was filed lacked jurisdiction to entertain antitrust matters and further indicating 810.4300 N d
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that there is no antitrust review at the operating license stage unless the Commission determines that such review is advisable on the ground that significant changes in the licensee's activities have occurred since the construction permit review, a determination which the Commission presently has under consideration in the above-captioned matter.
The Atomic Safety and Licensing Board convened to consider the health and safety and envirar. mental issues raised by South Carolina Electric & Gas Company's application to operate Summer Unit I has not yet ruled on FUA's petition.
On April 14, 1981, FUA filed with the Commission that part of its original petition which addressed antitrust matters.
II. Discussion FUA's April 14, 1981 petition is not ripe for consideration by the Commission at this time.
Unless and until the Commission finds that a significant change in licensee's activities has occurred since the review conducted in connection with the construction permit and subsequently pub -
lishes appropriate notice in the Federal Register setting forth the oppor-tunity to request a hearing, consideration of a petition to intervene in an antitrust hearing is not appropriate.
Since it is Staff's position that the petition is not properly before the Commission at this time, Staff does not address the merits of u,y petition and the concerns expressed therein at this time.
I'. however, the Commission should decide to entertain the April 14, 1981 petitien, the Staff
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would like an opportunity to present its views on the merits of the petition.
C0flCLUSION for the reasons discussed above, the Commission should consider dis-missing Fairfield United Action's petition to intervene.
Respectfully submitted, bfeyk~L Ibpd
~ Benjamin H. Vogler Deputy Director Antitrust Division i
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.o A hnri P. Hodgdon Counsel for flRC Staff Dated at Bethesda, Maryland this 29th day of April,1981 m..
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMitISSION
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BEFORE THE COMi1ISSION In the Matter of
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SOUTH CAROLINA ELECTRIC & GAS
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NRC Docket No. 50-395A C0PANY and
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SOUTH CAROLINA PUBLIC SERVICE
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AUTHORITY
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(Virgil C. Summer Nuclear Station,)
Unit 1)
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_ CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF COMMENT ON PETITION FOR LEAVE TO INTERVENE IN ANTITRUST MATTER in the above-captio'ned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 29th day of April,1981.
Chairman Hendrie Docketing and Service Section i
Office of the Commission Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Washington, D.C.
20555 Commissioner Gilinsky Atomic Safety and Licensing Board Office of the Commission U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20bs5 Argil Toalston, Acting Chief Commissioner Bradford Utility Finance Branch Office of the Commission U.S. Ncclear Regulatory Commission i
U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Washington, D.C.
20555
- Hugh P. Morrison, Jr., Esq.
Commissioner Ahearne Charles S. Leeper, Esq.
Office of the Commission Cahill, Gordon & Reindel l
U.S. Nuclear Regulatory Commission Suite 650 Washington, D.C.
20555
- 1990 K Street, N.W.
Washington, D.C.
20006 Michael Rand McQuinn Cahill, Gordon & Reindel Mr. W.C. Mescher, President 1990 K Street, N.W.
Wallace S. !!urphy, Esq.
Washington, D.C.
20006 C. H. McGlothlin, Jr.
South Carolina Public Service Authority Samuel J. Chilk 223 N. Live Oak Drive Secretary of the Commission P.O. Box 398 U.S. Nuclear Regulatory Commission Moncks Corner, S.C.
29461 Washington, D.C.
20555
. A Troy B. Conner, Jr., Esq.
George H. Fischer, Esq.
Robert M. Rader, Esq.
Vice President and General Counsel
-Conner, Moore and Corber South Carolina Electric & Gas Company 1747 Penn;ylvania Avenue, N.W.
P.O. Box 764 Washington, D.C.
20006
-Columbia, South Carolina 29202 Mr. P. T. Allen Robert Medvecky, Esq.
Executive V.P. and General Manager Reid & Priest Central Electric Power Cooperative, Inc.
1111 19th Street, N.W.
P.O. Box 1455 Washington, D.C.
20036-Columbia, South Carolina 29202 Edward C. Roberts, Esq.
C. Pinckney Roberts, Esq.
South Carolina Electric & Gas Company Dial, Jennings, Windham, P.O. Box 764 Thomas & Roberts Columbia, South Carolina 29202 P.O. Box 1792 Columbia, South Carolina 29202 Joseph B. Knotts, Jr., Esq.
Debevoise & Liberman Donald A. Kaplan, Esq.
1200 Seventeenth Street, N.W.
Janet R. Urban, Esq.
Washington, D.C.
20036 P.O. Box 14141 Washington, D.C.
20044 Wallace E. Brand, Esq.
Edward E. Hall, Esq.
Brand & Hall 1523 L Street, N.W.
Suite 200 Washington, D.C.
20005 b
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g Ann P. Hodgdon Counsel for NRC Staff
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