ML20030D729
| ML20030D729 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 07/31/1981 |
| From: | Baxter W JUSTICE, DEPT. OF, DRUG ENFORCEMENT ADMINISTRATION |
| To: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20030D726 | List: |
| References | |
| ISSUANCES-A, NUDOCS 8109160011 | |
| Download: ML20030D729 (2) | |
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lHvittb States 3 Department of Justitt WASHINGTON, DE 20530 atestf asst a,,omegy cantaat
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JUL 311901 Howard K.
Shapar g.
Executive Legal Director U.S. Nuclear Rejulatory Commission Washington, D.C.
20555 Re Duke Power Compani Catawba Nuclear Stauton Units 1 and 2 NRC Docket Nos. 50-413A and 50-414A
Dear Mr. Shapar:
You have requested our advice pursuant to Section 105(c) of tne Atomic Energy Act of 1954, as amended, in connection with thu purchase of an ownership interest in Duke Power Company's (Duke) Catawba Nuclear Station, Unit 2 by Piedmont Municipal Power Agency (PMPA).
Duke's participation in the above-captioned nuclear units was the subject of an antitrust rcview conducted by the Department of Justice (Department) in 1973.
As a result of that review the Department recommended that a hearing be held to determine whether Duke's proposed activities under the license would create or maintain a situation inconsistent with the antitrust laws.
Because Cuke was willing to have certain conditions attached to its license for the Catawba plant, the Department recommended that tne antitrust proceeding it had initiated be terminated.
More recently, in October 1980, the Department had occasion to review an application to include NarLa Carolina Electric Membership Corporation and Saluda River Electric Cooperative as co-owners of Catawba Nuclear Station, Unit 1 and co-applicants for the construction permit for that facility.
After res iewing the information submitted for antitrust review purposes, the Department advised the Commission that no antitrust hearing was necessary.
Review of the information submitted to the Department has not disclosed antitrust problems attending PMPA's participation in the plant.
PMPA's participation, consisting of a 25%
individual ownership interest in Catawba Nuclear Station, Unit 2, will not create or maintain a situation inconsistent with l
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the antitruct laws.
Ua do not, thorofore, believe it neconsary for the Commission to hold an antitrust hearing. "
Sin,cerely yo s,
dkal
/k William F.
Baxter Assistant Attorney General Antitrust Division 4
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