ML20050L189

Requests Extension to 820430 to Provide Antitrust Info & Views Re Significant Changes in Antitrust Review Per Atomic Energy Act Section 105(c)(2)

ML20050L189
Person / Time
Site:	Midland
Issue date:	04/05/1982
From:	Jablon R MICHIGAN MUNICIPAL ELECTRIC ASSOCIATION, MICHIGAN, STATE OF, NORTHERN MICHIGAN ELECTRIC COOPERATIVE, INC., SPIEGEL & MCDIARMID
To:	Messier M, Moon C Office of Nuclear Reactor Regulation
References
ISSUANCES-A, NUDOCS 8204140270
Download: ML20050L189 (2)

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law oFriCES CEORGE SPIEGEL. PC SPIEGEL & McDIARMID RON M. LANDSMAN dtOSERT C. MCOI ARMID BONNET S. BLAIR SANDRA J STREBEL 2600 VIRGINIA AVENUE. N W. THOMAS C. TRAUGER KCDERT A. JABLON JOHN MICHAEL ACRAGNA JAMES N HORwCOO WASHINGTON. D.C. 20037 cvNTHIA 5 sOGORAo ANCES E FRANCIS MARC R P R QANIEL I DAVIDSON Q f TELECOPtER (202) 333-2974 MARTA A. MANILDI THOMAS N MCHUGH.JR. \ JOSEPH L. VAN EATON DANIEL J. GUTTMAN I STEPHEN C. NICHOLS PETER K. MATT h PATRICIA E. STACK OAVIO R. STRAUS P CANIEL BRUNER S Sco'T " 57a^uS$

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b N Calvin W. Moon, Acting Chief Maurice, Messier, Acting Chief Licensing Branch #4 Antitrust & Economic Analysis Branch Division of Licensing Division of Engineering Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D. C. 20555 Nuclear Regulatory Commission Washington, D. C. 20555 RE: Consumers Power Company (Midland Plant, Units 1&

2), NRC Docket Nos. 50-329A and 50-330A Gentlemen:

This letter is written for the Michigan Municipal Electric Association ("MMEA") and the Michigan Public Power Agency ("MPPA") on behalf of themselves and their members and on behalf of the Northern Michigan Electric Association ("NMEA").

The purpose of this letter is to request an extension of time until April 30, 1982 to provide antitrust information and views in connection with the staff's "significant changes" antitrust review under Section 105(c)(2) of the Atomic Energy Act as requested in the Commission's March 15, 1982 Federal Register Notice (Vol. 47, No. 50, p. 11122) and in information requests sent to them or their members.

As a result of a comprehensive settlement after antitrust review and hearing in the construction permit phase of these dockets, license conditions were ordered to facilitate a pro-competitive environment for electric power supply in Michigan.

Further, the parties to that settlement pledged to seek to resolve differences without litigation to the maximum extent possible in the future.

Representatives of the MPPA, MMEA and NMEA have met with Consumers Power Company and hope to meet again. They believe that through such meetings they can advance the underlying purposes of Section 105 of the Atomic Energy Act and thereby obviate the need for government intervention.

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MPPA, MMEA and NMEA desire additional time to analyze the facts in light of meetings with Consumers Power Company, which meetings they believe will be successful.

I have met informally with certain members of the staff who are reviewing Consumers Power's application and am informed that late receipt of such information will not hinder their review.

Respectfully submitted, WA Robert A. ablon Attorney for Michigan Municipal Electric Association, Michigan Public Power Agency, and Northern Michigan Electric Association cc: Wayne Kirkby I

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