ML19347B359
| ML19347B359 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 09/12/1980 |
| From: | Chanania F HOUSTON LIGHTING & POWER CO., JUSTICE, DEPT. OF, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| ISSUANCES-A, NUDOCS 8010140497 | |
| Download: ML19347B359 (4) | |
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DOCIETED
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UNITED STATES OF AMERICA C
OCT -8 M > C NUCLEAR REGULATORY COMMISSION D
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter Of
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HOUSTON LIGHTING & POWER
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Docket Nos. 50-498A COMPANY
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50-499A (South Texas Project, Units
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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 Ccmmission ("NRC Staff") and Houston Lighting and Power Company ("HL&P"), Central and South West Corporation ("CSW"), acting for itself and its subsidiaries including Central Power anil Light Company
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("CP&L"), the City of Austin, Texas
(" COA") and the City Public Service Board of San Antonio, Texas ("CPSB") [herein after referred to collectively as " Applicants"), as follows:
1.
Applicants hereby consent to incorporate into the license for South Texas Project, Units Nos. 1 and 2, the conditions set out in the attached document, entitled
" License Conditions for South Texas Project Units Nos. 1 and 2".
1 2.
The Department, the NRC Staff and CSY are of the
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pp opinion, which they will communicate to the Board, tha't the licensing of the South Texas Project, Units Nos. 1 and 2, f8 S c6 0 I
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U^*' 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 l
Section 105 of the Atomic Energy Act, and will withdraw their requests that the NRC conduct a hearing pursuant to Section 105c of the Atomic Energy Act in these dockets.
3(a).
The Department, the NRC Staff, HL&P, COA and i
l CPSD agree that none of them will seek or take any position in support of any modification of the attached conditions
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in this proceeding, and no Applicant listed in this sentence shall withdraw its consent to incorporation of these condi-4 tions into the license for the South Texas Project. no t'wi th-J standing the outcome of any further proceedings herein.
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the extent that the Department, the NRC, HL&P, COA or CPSB i
participates further in this proceeding, it will defund these conditions should they be challenged.
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 CSW 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
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that CSW participates further in the proceeding, it will defend these conditions as they apply to it should they be 1
challenged, but this obligation of CSW shall not extend to l
any issue raised by it in any proceeding initiated by it under paragraph B.(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 inconsistent 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 or in these conditions constitutes any evidence against any Applicant or any admission by any Applicant as to any' issue in this or any other proceeding.
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UNITED STATES DEPARTMENT OF JUSTICE i
By
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STAFF OF THE NUCLEAR REGULATORY COMMISSION By CEN*RAL AND SOUTH WEST CORPORATION acting for itself and its subsidiaries including Central Power and Light Company By
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HOUSTON LIGHTING AND POWER COMPANY m
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CITYPUBLICSERVICEBC{RDOFSAN
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ANTONIO, TEXAS O,
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t Dated:
September 12, 1980 M
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