ML20077G266

Petition of Alabama Electric Cooperative,Inc for Leave to Intervene.* Util Requests Intervention in Further Proceedings on Applications of Ohio Edison & Other Applicants.W/Certificate of Svc

ML20077G266
Person / Time
Site:	Davis Besse, Perry
Issue date:	05/30/1991
From:	Boskey B, Macguineas D ALABAMA ELECTRIC COOPERATIVE, INC., VOLPE, BOSKEY & LYONS
To:	NRC COMMISSION (OCM)
Shared Package
ML20077G246	List: ML20077G255 ML20077G259 ML20077G266 ML20077G274
References
CON-#291-11833 A, TAC-66288, TAC-68313, TAC-68880, NUDOCS 9106250114
Download: ML20077G266 (6)

Text

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C gWd UNITED STATES OF AMERICA c NUCLEAR REGULATORY COMMISSION ts

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l In the Matter of ) g y,

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c OHIO EDISON CO ; THE CLEVELAND ) 50-440A ELECTRIC ILLUMINATING CO.; THE ) DocketNos.2$0-I46A ancf ,

l TOLEDO EDISON CO. (NOTICE OF ) w y i DENIAL OF APPLICATIONS FOR ) o i i AMENDMENTS TO FACILITY OPERATING ) a LICENSES AND OPPORTUNITY FOR ) o i

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(Perry Nuclear Power Plant Unit 1, )

and Davis-Besse Nuclear Power ) ,

Station, Unit 1) )

PETITION OF ALABAMA ELECTRIC COOPERATIVE, INC.

FOR LEAVE TO INTERVENE Pursuant to the Director's Notice of the denial of the above-identified licensees' applications for amendments to their operating licenses (56 Fed. Reg. 20057, May 1, 1991),

Alabama Electric Cooperative, Inc. (AEC) petitions to intervene and participate, as described below, in any hearing demanded by licensees, Ohio Edison, 91 A1 The person designated to receive service of papers on behalf of AEC in this proceeding ist D. Biard MacGuineas, Esq.

Volpe, Boskey and Lyons 918 16th Street, N.W.. Suite 602 Washington, DC 20006 Telephone (202) 737-6580 9106250114 910607 PDR ADOCK 05000346 0 PDR

i AEC's interest in this proceeding is direct and substantial. As a result of Alabama Power Company's anti-trust review, AEC is the explicit beneficiary of antitrust license conditions very similar and identical in remedial purpose to those conditions which are the subject of this proceeding. Alabama Power Co. (Joseph M. Farley Nuclear Plant, Units 1 and 2), ALAB-646, 13 NRC 1027 (1981), all'd sub nom. Alabama Power Co. v. ERC, 692 F.2d 1362 (11th Cir.

1982), cert, denied, 464 U.S. 816 (1983). The Alabama Power Co. antitrust license conditions are set forth at ALAB-646, 13 NRC at 1112-1114.

It is evident that the efforts of licensees, Ohio Edison, el al in this proceeding, if they were to be successful, might be used as arguable precedent to attempt to alter or vitiate the Alabama Power conditions, which have been and are significant in maintaining AEO's viabil-ity in the regional electric power market in which it functions. AEC clearly has a direct and substantial interest in protecting itself f rota any such contingency.

The NRC Staff Evaluation in Ohio Edison rolles in part upon a reading of the Appeal Board's and Court of Appeals' determinations in the Alabama Power antitrust and appellate reviews. NRC-Staff Evaluation at 4, 5, 7-9,-10, 11-12.

The Evaluation, in rejecting the novel proposed legal 2

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interpretations of the Atomic Energy Act by Ohio Edison and the other applicants, accepted and elaborated upon the analysis of the Antitrust Division of the Department of l

Justice, which in turn referenced the Alpbama Power litigation. Department of Justice Letter to the NRC dated 1990. Thus, the determination to date in the Ohio June 3, i

Edison amendment application is dep ' dent in significant part upon readings of the Alabama Power decisions which directly grant AEC important rights of vital significance to its wellbeing as a competitive power supplier. AEC's interest in maintaining the integrity of the interpreta-tions of the Alabama Power decisions is unquestionable and substantial.

Even beyond that, AEC has a substantial interest in this proceeding the outcome of which might be cited precedent in the future. For instance, it would be manifestly unfair to preclude AEC from articulating its views hero on the legal and policy matters raised by the applicants and then later have AEC faced with the possible contention that it should have sought participation in this proceeding to present its views on issues litigated here which issues might be raised in the future in conjunction with any effort to have the Alabama Power antitrust license-conditions amended in any way.

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Finally, as a very active participant in the Ma_bama Power antitrust review, AEC is particularly qualifled to meaningfully contribute to the discussion of the elimina-tion of NRC antitrust condit. ions as proposed by the licensees here. AEC's participation will not prejudice any of the parties, nor would it delay or encumber the proceed-ing.

On these bases, AEC requests intervention in any hearing or other further proceedings on the applications of Ohio Edison and the other applicants to eliminate or amend their antitrust license conditions.

Respectfully submitted, J

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ard ac u nea 4<(dAl

• b Bennett Boskey 4 Volpe, Boskey and Lyons 918 16th Street, N.W., #602 Washington, DC 20006 Tele.: (202) 737-6580 on behalf of Alabama Electric Cooperative, Inc.

May 30, 1991 4

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UNITED STATES OF AMERICA N gMjpg NUCLEAR REGULATORY COMMISSION t* 10%Bf N

3' h In the Matter of )

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OHIO EDISON CO.; THE CLEVELAND ) Docket Nos. 50-440A ELECTRIC ILLUMINATING CO.; THE ) and 50-346A TOLEDO EDISON CO. (NOTICE OF )

DENIAL OF APPLICATIONS FOR )

AMENDMENTS TO FACILITY OPERATING )

LICENSES AND OPPORTUNITY FOR )

HEARING) )

)

(Perry Nuclear Power Plant Unit 1, )

and Davis-Besse Nuclear Power )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of the Petition Of Alabama Electric Cooperative, Inc. For Leave To Intervene in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 30th' day of May 1991.

• Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 (Attention: Docketing and Service Branch) l l- 5 l

1 ---.__ ____.._.__ _ __, _ _ . _ , , _ _ _ . _ __ _ _ _ _ _ _ _ _ .

• Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 Gerald Charnoff, Esq.

Shaw, Pittman, Potts and Trowbridge 2300 N Street, NW Washington, DC 20037 Michael T. Mishkin, Esq.

Squire, Sanders and Dempsey 1201 Pennsylvania Avenue, NW P.O. Box 407 Washington, DC 20044

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. liiard Macdulne'as

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Volpe, Boskey and Lyons 918 16th Street, N.W., #602 Washington, DC 20006 Tele.: (202) 737-6580 On behalf of Alabama Electric Cooperative, Inc.

May 30, 1991 6

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