ML20085F345

Comments on Notice of Amends Proposed to Licenses NPF-2 & NPF-8 Re Plant Operation.Proposed Inclusion of Listed Provision in Amended OL to Make Assurances of non-effect on anti-trust Conditions Provided

ML20085F345
Person / Time
Site:	Farley
Issue date:	10/15/1991
From:	Goldberg R ALABAMA POWER CO., GOLDBERG, FIELDMAN & LETHAM, P.C.
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FRN-56FR47500, RULE-PR-MISC NUDOCS 9110220136
Download: ML20085F345 (4)

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GOLDBERG FIELDMAN & LETH AM, P. C. ,

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DAVf D C. HJt LMF ILY Regulatory Publications Branch Division of Freedom of Information and Publications Services Office of Administratien U.S. Nuclear Regulatory Commission Washongton, D.C. 20555 Ret Alabama Municipal Electric Authority Docket Nos. 50-348 and 50-346

Dear Sir or Ms.:

Submitted herewith are the " Comments of Alabama Munici-pal Electric Authority" in response to the notice of amendments proposed to Facility Operating License Nos. NPF-2 and NPF-8 by Alabama Power Company, the licensee, for operation of Joseph M.

Farley Nuclear Plant located in Houston County, Alabama, appear-ing in Vol. 56, No. 182, of the Federal Register, at page 47,500.

Copies of the enclosed comments have been mailed to the following:

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Mr. J.D. Woodard Vice President - Farley Project Alabama Power Company d k_

jg Post Office Box 1295 8 wM Birmingham, AL 35201-1295 ] g a a c:

James H. Miller, III, Esq. CI Balch & Bingham 3 ss Post Office Box 306 g ji Birmingham, AL 35201 ~

3 Very truly yours,

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Reuben Goldberg RG/lmh Enclosure I

I. 9110220136 91101b

'\ PDR PR f; MISC 56FR47500 PDR L -.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

-In_the Matter of. )

Alabama Power Company )

(Proposed' Amendments to ) Docket Nos. 50-348 I James M. Parley Operating License ) and 50-364 l Nos. NPF-2 and NPF-8 issued to )

Alabama Power Company) ) l 1

l COMMENTS OF ALABAMA MUNICIPAL ELECTRIC AUTHORITY

]

On September 19, 1991, in Vol. 56, No. 182, of the l I

Federal Register,-at page 47500, the Nuclear Regulatory Commis- l sion published a notice of amendments proposed to Facility 1

. Operating License Nos. NPF-2 and NPF-8 by Alabama Power Company, j I

the licensee, for operation of Joseph M. Farley Nuclear Plant i located in Houston County, Alabama. Alabama Municipal Electric ]

Authority (AMEA) files these comments in response to that notico.

AMEA is a non-profit corpc ation organized and existing  !

pursuant to Alabama law. AMEA acts as bargaining agent for its member systemsM in contracting for_the purchase of power and energy from Southeastern Power Administration (1 EPA). Each ~'

the member systems operates an electric system for the distribu-tion and sale of electric power and energy witain its community and environs. The sales contracts are executed directly between SEPA and each_ member system. AMEA provides all of the member systems' requirements in excess of power and ent.:gy supplied by SEPA by purchase of power and energy from-Alabama Jorer. All of the member systems' power and energy, regardless of source,.are 1/ The member systems are: Cities of Alexander City, Dothan, Fairhope, Foley, Lafayette, Lanett, Luverne, Opelika, Pied-mont, Sylacauge, Troy and Tuskegee.

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,. r+w-5 delivered to them over Alabama Power's transmission lines.

AMEA and-its member systems arc 'he beneficiaries of the antitrust license conditions that are a part of Facility Operating License Nos. NPR-2 and NPF-8.

When Southern Company and its electric utility subsid-iaries, Alabama Power and Georgia Power, filed an application-declaration with the SEC under the Public Utility Holding Company Act of-'1935 to organize a new wholly-owned subsidiary, to be known aErSouthern Nuclear Operating Company, to become the exclusive operator of the HRC-licensed nuclear power plants, AMEA expressed its concerns to Alabama Power about the effect of the amendments of the licenses to achieve that objective on the antitrust license conditions. At that time, Alabama Power's Executive Vice President in a' letter to AMEA's General Manager, Robert W. Claussen, assured AMEA and its member systems t hat Alabama Power "will continue as a licensee and be subject to.the terms of the license including those establishing obligations to

' municipally-owned systems'" and that "nothing_in the_ proposal will. affect-in any way the rights of the municipally-owned electric distribution systems that are members of Alabama Munici-

_ pal Electric Authority."

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The application filed with the NRC by Alabama Power, dated May 6, 1991, discloses that Alabama Power has faithfully

,; -adhered to the e'arlier assurance given AMEA and its-member systems (see pages 15 and 16 of the application). Additionally, Alabama Power has proposed (see page 16 of the application) the I inclusion of.the following provision in the amended operating I

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license to make its-assurance of non-effect on the anti-trust license conditions a part of the amendments to the license Southern Nuclear shall not market or broker power or energy from Joseph M. Farley Nuclear Plant, Units 1 and 2. _ Alabama Power-Company shall con-tinue.co be responsible for compliance with the 1 obligations imposed on it in its antitrust license conditions in Paragraph 2.F. cf the'lic anse (the

" antitrust license conditions"). Alabama Power Company is responsible and accountable for the actions sf its agents, Southern Nuclear, to the extent said agent's actions may,.in any way, con-travene the existing antitrust license condi-tions."

In an appendix to the application, Alabama Power has set forth the terms and conditions of the operating license as proposed to be amended. The provision quoted above is included.

AMEA supports the: 3nclusion of that provision in the amended operating-license. AMEA's purpose in filing-these comments is to request the inclusion of the above-referenced provision.of the above-referred to provision in the amended

operating license.

Recpectfully submitted, ALABAMA MUNICIPAL ELECTRIC AUTHORITY m

By /f A W N /+

Rebben Go'1dberg -

Its Counsel .

t Goldberg, Fieldman & Letham, P.C.

1100 Fifteenth Street, N.W.

Washington, D.C._-20005 Telephone: (202) 463-8300 L

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