ML20093A328

Comments on Alabama Electric Cooperative,Inc 840629 Request for Enforcement Action on Allegations Re Violation of Antitrust License Condition 2.Request Should Be Held in Abeyance Until Commission Declaratory Order Issued

ML20093A328
Person / Time
Site:	Farley
Issue date:	07/05/1984
From:	Bouknight J ALABAMA POWER CO., NEWMAN & HOLTZINGER
To:	Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
References
A, NUDOCS 8407100341
Download: ML20093A328 (2)

Text

M NEWMAN Sc HOLTZINGER, P. C.

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NORCRT I.wMITE ROBERT LOWENSTEIN or cowmSEL .AOw.va.

Dr. Richard C. DeYoung Director Office of Inspection and Enforcement U. S. Nuclear Regulatory Commission . -m~nn IT~" .

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Washington, D.C. 20555 Q - 3[g % [,

Dear Dr. DeYoung:

We are informed that you have received a letter, dated ,

June 29, 1984, from Alabama Electric Cooperative, Inc.

(" AEC" ) requesting enforcement action against Alabama Power Company (" APCO" ) for what is alleged to be a " willful and continuing violation of Antitrust License Condition No. 2" contained in the operating licenses for the Joseph M. Farley Nuclear Plant, Units 1 and 2.

These allegations are unfounded. There is indeed a disagreement between APCO and AEC concerning the interpretation of the referenced license condition. However, APCO's position on interpretation of the license condition has been reached, and its negotiations with AEC have been conducted, in good faith. In an effort to resolve the differences in interpre-tation of the license condition, APCO has submitted to the Commission, on July 3, 1984, the enclosed Petition for a Declaratory Order. We believe that declaratory proceedings l would lead to the most efficient, expeditious and definitive

, resolution of APCO's and AEC's differences over interpretation

! of the license condition, a result that APCO, at least, desires. In our Petition (footnote 5) we note that issuance of a declaratory order would not preclude you, or any other official to whom authority is delegated by the Commission, from instituting enforcement proceedings thereafter if '

punitive action against APCO appears to be warranted. That decision would be made, however, with the benefit of the interpretation provided by the Commission's declaratory order.

Accordingly, APCO respectfully requests that considera- ,

tion of AEC's request for enforcement action be held in '

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N;wxrw & HOLT 21NSEO, P. C.

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Dr. Richard C. DeYoung Page Two July 5, 1984 abeyance until the Commission has acted on APCO's Petition for a Declaratory Order. At such time as consideration of action on AEC's request begins, APCO asks that it be informed and afforded an opportunity to reply fully to the allegations contained in AEC's letter.

Sincerely i

J A. Bouknight Jr.

torney for Alabama Power Company cc: Chairman Palladino Commissioner Roberts Commissioner Bernthal Commissioner Asselstine Dr. Harold Denton, Director of Nuclear Reactor Regulation Mr. William J. Dircks, Executive Director for Operations Guy H. Cunningham, Esq.

Joseph Rutberg, Esq.

Herzel H. E. Plaine, Esq.

Secretary, Docketing & Service Bennett Boskey, Esq.

D. Baird MacGuineas, Esq.

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