ML20041C629
| ML20041C629 | |
| Person / Time | |
|---|---|
| Site: | Hatch, Comanche Peak, 05000000 |
| Issue date: | 07/10/1974 |
| From: | Elzinga K, Glaser M, Schwarz C Atomic Safety and Licensing Board Panel |
| To: | JUSTICE, DEPT. OF, US ATOMIC ENERGY COMMISSION (AEC) |
| Shared Package | |
| ML20041C614 | List: |
| References | |
| ISSUANCES-A, NUDOCS 8203020398 | |
| Download: ML20041C629 (3) | |
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i bletETER W
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'O ATOMIC ENERGY COMMISSION
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e BEFORE THE ATOMIC SAFETY WD LICENSING BOARD g
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GEORGIA POWER COMPANY
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AEC Docket No. 50-366A
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(Edwin I. Hatch Nuclear Plant,
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Unit No. 2)
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ORDER On June 28, 1974, the Department of Justice (Depar tment) and the Regulatory Staff filed a Motion for Reconsideration, requesting this Board to reconsider its Order of June 21, 1974, which directed the Department and the Staf f to submit a memoran-O dum under oath explaining how certain agreed upon license con-ditions would satisfy the antitrust issues raised in this pro-ceeding and how the public interest would be served by incorporation of such conditions into the applicant, Georgia Power Company's, license for the Edwin I. Hatch Nuclear Plant, Unit No. 2.
In their Motion for Reconsideration, the parties in-dicate that the action directed by the Board is not required by the Atomic Energy Act of 1954, as amended, or by the Commis-sion's Rules of Practice.
Thus, the Staff and the Department argue that since all intervenors have withdrawn their requests for a hearing, the Department has withdravr its recommendations for a hearing, and the Staff has indicate.* t13re is no further O
requirement for a hearing, the proceeding is analogous to an
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operating license proceeding, wherein no adjudicatory proceed-ings are required where there is no request for a hearing made.
The Staff and the Department cite a number of Commission prece-dents in support of their position.
Finally, the parties indicate that the action requested by the Board may indicate a misconstruction on the part of the Board of the Motion to l
Withdraw Interventions and Joint Motion to Dismiss and Terminate this Proceeding which was filed by all parties on June 3, 1974, l
l wherein the Board was requested to terminate the proceeding on the basis of license conditions agreed upon by all parties.
The Departmant and the Staff point out that the parties do not seek Board approval of the license conditions.
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Upon consideration of the Motion for Reconsideration filed by the Staff and the Department, and the authorities cited therein, the Board has decided to grant the same.
More-over, upon further review of the Motion to Withdraw Interventions and Joint Motion to Dismiss and Terminate this Proceeding, filed i
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In the Matter of Baltimore Gas & Electric Co. (Calvert Cliffs I
Huclear Power Plant, Units 1 & 2T3.AEC Dkt. Nos. 50-317 &
50-318, order dated May 10, 1973; In the Matter of Wisconsin Public Service Corporation, et al. (Kewaunce Nuclear Power Plant), AEC Dkt. No. 50-305, Order dated October 23, 1973; In the Matter of Metropolitan Edison Company, et al._ (Three Mile Island Suclear Station, Unit 1), Al:C Dkt. No. 50-289, Order issuco November 16, 1973; In the Matter of Sacramento Municipal District (Rancho Seco Unit 1), AEC Dkt. No. 50-312,
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Order datesl Dec. 11, 1973; Petition for Derating of Certain Boiling Wayer Reactors, AEC Dkt.Ros. 50-219, 50-237, 50-249, 50-254, 50-265, 50-220, 50-245, 50-263, 50-293, Order issued January 9, 1974; In the Matter of Vermont Yankee Nuclear Power Cerporation TVermont Yankee Nuclear l'cwer Station),
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AEC Dkt. No. 50-271, Order issued January 22, 1974.
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by all parties in this proceeding on June 3, 1973, the Board i
will grant such motions.
Accordingly, it is hereby ordered that the Motion for Reconsideration filed by the Department of l
Justice and the AEC Regulatory Staff on June 28, 1974, is granted, and the Motion to Withdraw Interventions and Joint Motion to Dismiss and Terminate this Proceeding is granted, and this antitrust proceeding is hereby dismissed and terminated.
ATOMIC SAFETY AND LICENSING BOARD 0kllY i
/>rv By:
< Michael L. Glaser Chairman CdM' bbe. m By:
Carl Schwarz j
Merlor By:
Ed>/ C Tf* * <
'Kenneth Elzinga u Member Washington, D.C.
July 10, 1974 W
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