ML20057G230
| ML20057G230 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 10/15/1993 |
| From: | Gody A Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20057G221 | List: |
| References | |
| NUDOCS 9310210063 | |
| Download: ML20057G230 (4) | |
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[7590-01)
U.S. NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-458 r
GULF STATES UTillTIES COMPANY.
CAJUN ELECTRIC POWER COOPERATIVE. INC.
I RIVER BEND STATION. UNIT I NOTICE OF NO SIGNIFICANT ANTITRUST CHANGES IND TIME FOR FILING RE0 VESTS FOR REEVALUATION i
P The Director of the Office of Nuclear Reactor Regulation has made a finding in accordance with Section 105c(2) of the Atomic Energy Act of 1954, as amended, that no significant (antitrust) changes in the licensee's activities or proposed activities have occurred subsequent to the antitrust operating license review of the River Bend Station by the Attorney General and the Commission.
The finding is as follows:
Under Section 105 of the Atomic Energy Act of 1954, as amended, 42 U.S.C E2135 (Act),10 CFR f f 50.80 and 50.90, the Nuclear Regulatory 1
Commission (NRC or Commission) requires an antitrust review of changes in ownership or operator of a power production facility after initial licensing.
In situations where requests for a change-in ownership or operator have been received after issuance of an operating license for such a facility, the staff has conducted, with the Commission's approval, a significant change review to determine whether the licensee's activities create or tend to create a situation inconsistent l
with the antitrust laws. The Commission delegated the authority to make the significant change determination to the Director, Office of Nuclear r
9310210063 931015 PDR ADOCK 05000458 PDR p
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Reactor Regulation (NRR).
i Basea upon an analysis of the extensive comments received, the record and findings in other regulatory proceedings involving the 4
proposed merger of Gulf States Utilities Ccwpany (GSU) and Entergy
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Corporation (Entergy), and after consultation with the Department of l
Justice, the staffs of the Inspection and Licensing Policy Branch of NRR and the Office of the General Counsel (hereafter, " staff"), have concluded that the changes in GSU's activities which have been identified by the staff do not constitute significant changes as envisioned by the Commission in its Summer' decision.
The conclusion 2
of the staff analysis is as follows:
After review of the filings in this proceeding, the record and testimony developed in the related proceedings at the Federal l
Energy Regulatory Commission and other public information, the staff determined that the changes in GSU's activities since the previous antitrust review, which may have competitive implications in the bulk power services market in the south central portion of 4
the country, should be addressed in the context of a petition pursuant to 10 CFR Section 2.206 requesting initiation of an j
antitrust compliance proceeding, not in the instant significant change proceeding.
Consequently, the staff recommends that the Director of the Office of Nuclear Reactor Regulation issue a post
' South Carolina Electric and Gas Comoany and South Carolina Public Service l
Authority, (Virgil C. Summer Nuclear Station, Unit 1), CLI-80-28,11 NRC 817, 824 (1980).
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3 OL no significant antitrust change finding pursuant to GSU's request to transfer control of ownership in River Bend from GSU to Entergy. The staff further has determined that as a result of the inclusion of a license condition prohibiting E0I's marketing or Orckerirg of power or energy from the River Bend facility that tbc proposed transfer of operating responsibility of River Bend from GSU to E01 presents no relevant antitrust issues to the instant licensing review process.
Based upon the staff analysis, it is my finding that there have been no "significant changes" in the licensee's activities or prorssed activities since the completion of the antitrust operating lice.nse review of the River Bend Station.
Signed on October 15, 1993, by Thomas E. Murley, Director of the Office of Nuclear Reactor Regulation.
4 Any person whose interest may be affected by this finding, may file, with full particulars, a request for reevaluation with the Director of the Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, l
Washington, D.C. 20555 within 30 days of the initial publication of this j
notice in the Federal Reaister.
Requests for reevaluation of the no I
significant change determination shall be accepted after the date when the Director's finding becomes final, but before the issuance of the proposed i
license amendment, only if they contain new information, such as information i
about facts or events of antitrust significance that have occurred since that l
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date, or information that could not reasonably have been submitted prior to i
that date.
Dated at Rockville, Maryland, the 15th day of October 1993.
FOR THE NUCLEAR REGULATORY COMMISSION t
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, Chie Inspectic a Licensing ol y Branch Program an ement, Poli velopment and Ana sis Staff Office of Nuclear Reactor Regulation i
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