ML20071G570

Nc Electric'S Proposed Ownership Interest Would Be Less than 20 Mw/Unit & Old Dominion'S Proposed Interest Would Be 20 MW & 80 Mw/Unit.Unnecessary for Commission to Hold Antitrust Hearings

ML20071G570
Person / Time
Site:	Surry, North Anna
Issue date:	03/22/1979
From:	Flexner D JUSTICE, DEPT. OF, ATTORNEY GENERAL, OFFICE OF
To:	Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML18114A427	List: ML20071G570
References
NUDOCS 7904120189
Download: ML20071G570 (2)

Text

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h<&m M D.liuttb AI>tates Departmtnt of Justict

') /' WASHINGTON, D.C. 20530 DEPUTf 4W%fANT A f f D#NG v GI NI H As des I e f N s/S T De v 'it( A MAR 221978 boward K. Shapar, Esquire Executive Legal Director Nuclear Regulatory Commission Washington, D. C. 20555

• Re: Surry Power Station, Units 1 & 2 Virginia Electric & Power Company NRC Docket Nos. 50-280A & 50-281A, 9 and North Anna Power Station Virginia Electric & Power Company Units 1, 2, 3, & 4 NRC Docket Nos. 50-338A, 50-339A 50-404A & 50-405A

Dear Mr. Shapar:

You have requested our advice pursuant to Section 105(c) of the Atomic Energy Act of 1954, as amended, in connection with the purchase by North Carolina Electric Membership Corporation and Old Dominion Electric Coop-erative of an ownership interest in the above captioned nuclear units.

North Carolina Electric's proposed interest would lll be less than 20 MW per unit, and Old Dominion's proposed interest would be between 20 MW and 80 MW per unit. The participation of these two entities in the nuclear units is the culmination of discussions beginning in 1972. Our earlier recommendation that it was not necessary for the Commission to conduct a hearing on the application by Virginia Electric and Power Company to construct certain -

units at the two plants was based, in part, on these discussions. 1/

1/ This recommendation was cor.tained in a letter of August 1, 1972, with regard to units 3 and 4 at the North Anna Power Station and in a letter of November 14, 1973, with regard to units 3 and 4 at the Surry Power Station.

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Our review of the information submitted ~in connection _-

with the present application, as well as other relevant information, has disclosed no evidence that the proposed ." -

participation by Old Dominion and North Carolina Electric in the North Anna and Surry Units would either create or maintain a situation inconsistent with the antitrust laws .

under section 105(c). We do not, therefore, believe it is  :-

necessary for the Commission to hold an antitrust hearing --

on this matter. 2 Sincerely yours, S

Donald L. Flexner [t Deputy Assistant Attorney General (J Antitrust Division o  %

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