ML20045H080

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Requests Response from Client by 920722 in Connection W/ Comments Which Had Been Submitted Re Proposed Transfer of Control of Ownership of Plant
ML20045H080
Person / Time
Site: River Bend Entergy icon.png
Issue date: 07/09/1993
From: Grant G
Office of Nuclear Reactor Regulation
To: Pembroke J
DUNCAN, WEINBERG, MILLER & PEMBROKE, P.C. (FORMERLY
References
NUDOCS 9307190033
Download: ML20045H080 (3)


Text

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i James D. Pembroke, Esq.

Duncan, Weinberg, Miller & Pembroke, P.C.

1615 M Street, N.W.

Suite 800 Washington, D.C. 20036 Re:

Gulf States Utilities Company; River Bend Station, Docket No. 50-458:

Proposed Transfer of Ownership of River Bend Station from Gulf States Utilities Company (GSU) to Entergy Corporation (Entergy)

Dear Mr. Pembroke:

In connection with the comments you submitted regarding the proposed transfer of control of ownership of the River Bend Station, please provide a response from your client, Cajun Electric Power Cooperative, Inc., to the following by July 22, 1993:

1)

In the FERC " Order Accepting Rate Schedules, Accepting Amendment to Power Agreement, Conditionally Accepting Transmission Tariff With Modifications, Conditionally Accepting Service Agreements, Granting Waiver of Notice, and Denying Motion to Update Market Power Analysis", dated April 5, 1993, 63 F.E.R.C.

Paragraph 61,025, the FERC urged the Entergy customers (and the NRC staff presumes GSU's customers as well subsequent to the merger) who are eligible for certain benefits perceived to be broader than what is termed " point-to-point" transmission service over the Entergy system, to approach the FERC with specific objections in the context of a request to amend or approve a service contract with Entergy Corporation. Would Cajun explain to the staff why this proposal would not be an acceptable option in resolving its transmission access dispute with GSU/Entergy?

2)

In terms of Cajun's access to the GSU/Entergy transmission grid, what is Cajun's understanding of the significance, if any, of the presence of a specific sentence requiring one transmission rate for a group of entities (i.e., "For each coordinating group of entities there shall be a single transmission charge.") in the Waterford 3 nuclear license (antitrust license condition 5) and the lack of a similar sentence in the River Bend and Grand Gulf nuclear licenses?

3) Are there currently any specific power transactions underway or currently being negotiated which Cajun will have to fores,o if the GSU/Entergy merger is consummated and Cajun is not granted " network transmission" or parallel meaningful access to the newly created GSU/Entergy regional transmission network?
4) At page 74 of " Cajun Electric Power Cooperative, Inc.'s Comments, Petition For Leave To Intervene, And Request For Hearing And Conditions, On Application for Approval Of Transfer Of Ownership", Cajun makes reference to a " clash" between the Entergy open access transmission tariff which appears to allow for the collection of stranded investment costs and River Bend License Condition 1(c) which appears to prohibit stranded investment costs.

In light of the FERC's ruling, what is Cajun's understanding, of the effect of the phrase "except as otherwise authorized by any regulatory authority having jurisdiction", which is also a part of River Bend License Condition 1(c), regarding the collection of stranded investment costs by GSU in any future application of the Entergy open access transmission tariff'to the GSU system?

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t July 9, 1993 James D. Pembroke,.Esq.

2 Thank you for your cooperation in assisting the staff in the_ review process.

Sincerely, Original signed by Geoffrey Grant, Acting Chief Inspection and Licensing Policy Branch Program Management,_ Policy Development' and Analysis Staff cc: Mark J. Wetterhahn, Esq.

Distribution:

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James 0. Pembroke, Esq.

2 authority having jurisdiction", which is also a part of River Bend License-Condition 1(c), legitimize the collection of stranded investment costs by GSU in any future application of the Entergy open access transmission tariff to the GSU system?

I Thank you for your cooperation in assisting the staff in the review process.

Sincerely, Geoffrey Grant, Acting Chief Inspection and Licensing Policy Branch Program Management, Policy Development and Analysis Staff cc: Mark J. Wetterhahn, Esq.

Distribution:

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