ML20041C620
| ML20041C620 | |
| Person / Time | |
|---|---|
| Site: | Hatch, Comanche Peak, 05000000 |
| Issue date: | 06/03/1974 |
| From: | Allen D, Carlton M, John Miller, Saunders J, Vogler B AFFILIATION NOT ASSIGNED, DALTON, GA, GEORGIA POWER CO., JUSTICE, DEPT. OF, US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20041C614 | List: |
| References | |
| ISSUANCES-A, NUDOCS 8203020392 | |
| Download: ML20041C620 (5) | |
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UtilTED STATES OF A'4 ERICA AT0f11C E'lf RGY CC";tlSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
~In the Matter of GEORGIA POWER COMPANY AEC Docket No. 50-366A (Edwin 1. Hatch Nuclear Plant,
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Unit No. 2)
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l MOTION TO WITHDRAW INTERVENTIONS AND JOINT MOTION TO DISillSS AND TEPJ41NATE THIS PPOCEEDI';G l
On August 2.1972 the Cormission received a Letter of Advice from the Attorney General pursuant to Section 105c of the Atomic Energy Act l
l of 1954, as amended (the Act), relating to the construction permit application filed by the Georgia Power Company for the Edwin 1. Hatch Nuclear Plant, Unit No. 2.
Thereaf ter, on May 9,1973, the Cornission O
received a '.etter of Advice from the Attorney General relating to the construction perinit application filed by the Georgia Power Company covering the Vogtle Nuclear Plant, Units 1, 2, 3 and 4 It was the opinion of the Attorney General with regard to each of the above applications that a hearing on antitrust matters was required to deterTnine whether the issuance of a construction peitit in each case would create or maintain a situation inconsistent with the antitrust laws.
A Notice of Hearing and the designation of an Atmic Safety and Licensing l
Board was issued by the Commission in an Order dated Noverrber 29, 1972 with regard to the Hatch proceeding. A notice has not been issued desig-nating an Atmic Safety and Licensing Board in the Vogtle promeding.
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B203020392 820226 AA DR ADOCK 05000443 pc)6' D,p/
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2-O With respect to the Vogtle application, the Staff filed a Motion for Consolidation with the Hatch proceeding before the Comission on September 25, 1973, and this matter is currently pending.
Subsequent to the publication in the Federal Register of the Letter of Advice of the Attorney General in the Hatch proceeding dated August 11, 1972, motions to intervene were submitted by the Georgia Municipal l
Associaticn and the Cities of Acworth, Georgia, et al., the Water, Light and Sinking Fund Commission of the City of Dalton, and the Georgia Electric Membership Corporation and the Mitchell County Electric Membership 1
Corporation. Following the publication in the Federal Register of the Letter of Advice of the Attorney General in the Vogtle application dated May 18, 1973, a motion to intervenc was submitted by the Georgia Municipal Association and the Cities of Acw rth, Georgia, et al. in the Vogtle proceeding.
Over the past several months meetings have been held amorg the parties, including the Staff and the Department of Justice, for the purpose of negotiating license conditions which, in the opinion of the parties.
Would resolve the antitrust contentions that have been raised. As a result of these meetings the parties have reached agreement on license conditions which resolve the outstanding antitrust issues. Pursuant to the agreement the Georgia Municipal Association and the Cities of Acworth, Georgia, el a_1., the Water Light and Sinking Fund Commission of the City of Dilton, and the Georgia Electric Membership Ccrporation and the Mitchell 9
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. O County Electric Membership Corporation hereby move to withdraw their intervention in the Hatch proceedings.
By letter dated May 1,1974 the Department of Justice, in a supple-mental letter of advice, advised the Commission that in view of the license conditions negotiated among the parties, it was withdrawing the l
l recommendation that a hearing was needed in this matter (appended hereto as Attachment A).
Accordingly, counsel for,the applicant, the Georgia Municipal Association and the Cities of Acworth, Georgia, et al., the Water Light and Sinking Fund Comission of the City of Dalton, and the Georgia Electric Membership Corporation and the Mitchell County Electric Member-g ship Corporation, the Department of Justice, and the Staff move tne Atomic Safety and Licensing Board, in light of such agreement and the understanding as to inclusion by the Comission in the license of the negotiated license conditions set forth in the Department of Justice letter dated May 1,1974, to enter an order in this proceeding accepting the withdrawal of the petitions to intervene, and to dismiss and terminate the proceeding established by the Comission's Notice of Hearing in this proceeding issued on Noventer 29, 1972.
A similar pleading is being filed with the Comission in connection with the Vogtle proceeding (AEC Docket Nos. 50-424A, 50-425A, 50-426A and 60-427 A).
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O Termination of the hearing is in keeping with the provisicns of the Notice of Hearing issued by the Cormission in this procee fing in which the Board was directed to consider in its initial decision t! %e t itters which are in controversy anong the parties and rake its findirm on the issues. The withdrawal of the petitions *o intervene, the charme in advice from the Attorney General and the position by the Staf f th.3t a hearing is not otherwise needed, eliminate the existence of any issues in controversy and the need for a hearing. Accordingly, the Board is requested to grant the raotions to withdraw and dismiss and terminate this proceeding by entry of an appropriate order.
1 Respectfully notar.itted, O
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l Milton A. Carlton, Jr., Esq.
Counsel for Geurgia Power Company
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Joseph J. Saunders, Esq.
Attorney, Antitrust Division United States Departrent of Justice G/rY)"
i enjamin H. Vogler, Esq. /
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l Assistant Antitrust Counsel for AEC Regulatory Staff l
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/ John T. Miller, Jr., Es.
hCounsel for the Water, Light and Sinking Fund Commission of the City of Dalton, Georgia L
L 2k hk Donald R. Allen, Esq.
Counsel for the Georgia !!unicipal Association ar.d the Cities of Acworth, et al.
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Thomas J. Bolch, Esq.
O-Counsel for Georqia Electric sembersnia corn =ratica e,e Mitchell County Electric Membership Corporation Attachment A Dated at Bethesda, Maryland this 3rd day of June 1974 I
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