ML20129F303

Requests Updated Responses to Questions B.1 & B.2 to Encl Reg Guide 9.3, Info Needed by AEC Regulatory Staff in Connection W/Antitrust Review of OL Applications for Nuclear Power Plants. Response Due in 90 Days

ML20129F303
Person / Time
Site:	Beaver Valley
Issue date:	07/09/1985
From:	Cleary D Office of Nuclear Reactor Regulation
To:	Carey J DUQUESNE LIGHT CO.
References
RTR-REGGD-09.003, RTR-REGGD-9.003 NUDOCS 8507170305
Download: ML20129F303 (1)

Text

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Mr. John J. Carey DISTRIBUTION Vice President - Nuclear " Docket F1Je j Duquesne Light Company SAB Rdg'& Plant Files Robinson Plaza, Building 2 NRC PDR DCleary Suite 210 LPDR AToalston Pittsburgh, Pennsylvania 15202 JUL 9 1985 NSIC Wlambe JPKnight RSingh, LPM

Dear Mr. Carey:

WJohnston BVogler, ELD Re: Docket No. 50-412: Beaver Valley 2, OL Antitrust Review; Update of Regulatory Guide 9.3 Information As part of the operating license review process, the NRC staff analyzes changes in the applicant's(s) activities that have occurred since the initial antitrust review at the construction permit stage. The operating license application data submitted on December 15, 1982 by Duquesne Light, including data submitted as agent for co-applicants, Cleveland Electric Illuminating Co., Ohio Edison Co. and Toledo Edison Co., are approximately two and one half years old. Moreover, the recent delay in fuel loading of Beaver Valley 2 to the presently scheduled April 1987 date will result in a review vacuum of approximately five years. In light of the extensive time period from the applicants' ini'ial data response in 1982 to the projected

, fuel load in 1987, staff is requesting updated responses for each applicant to question B.1, and all subsections, as well as question B.2 of Regulatory Guide 9.3 (copy attached). Your response (s) should begin where your December 15, 1982 response ended and continue to the present. Pending transactions, agreements, etc. at the time of the initial response should be brought up to date and new developments since the 1982 response should be discussed. In responding, be as specific as possible and elaborate where appropriate. For example, do not respond to a question concerning requests for power by merely giving a yes or no response. Elaborate with names, dates and descriptions of the type of power request. Follow this procedure in responding to each question. You do not need to respond to Question "B.3."

Please provide your responses within ninety (90) days of the date of this letter. If you have any questions regarding this request, contact William Lambe of my staff at (301) 492-8048.

Sincerely, f

Donald P. Cleary, Acting Chief Site Analysis Branch Division of Engineering Office of Nuclear Reactor Regulation

Enclosure:

Regulatory Guide 9.3 8507170305 850709 4 jw, PDR ADOCK 05000412

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,4rts 09 I 55Ebl. ibRY DIRECTORATE OF REGULATORY STANDARDS GU DE REGULATORY GUIDE 9.3 INFORMATION NEEDED BY THE AEC REGULATORY STAFF IN CONNECTION WITH ITS ANTITRUST REVIEW OF OPERATING LICENSE APPLICATIONS FOR NUCLEAR POWER PLANTS A. INTRODUCTION items and any related changes that have occurred or are planned to occur since submission of the As required by the December 19,1970, amendments construction permit application:

to the Atomic Energy Act of 1954, the Atomic Energy Commission conducts antitrust reviews with respect to a. Anticipated excess' or shortage in generating construction permits and operating licenses it issues for capacity resources not expected at the construc-tion permit stage. Reasons for the excess or commercial nuclear facilities. The Commission must under certain circumstances, make a finding as to shortage along with data on how the excess will be whether the activities under the permit orlicense would allocated, distributed, or otherwise utilized or how create or maintain a situation inconsistent with the the shortage will be obtained.

antitrust laws. An antitrust review at the operating license stage is not required unless the AEC determines b.New power pools or coordinating groups or such review is advisable on the ground that significant changes in structure, activities, policies, practices, changes in the licensee's activities or proposed activities or membership of power pools or coordinating have occurred subsequent to the previous antitrust groups in which the licensee was, is, or will be a f

review conducted by the Attomey General and the participant

, ' \ Commission at the construction permit stage. This regulatory guide identifies the type of information that c. Changes in transmission with respect to (1) the the Regulatory staff considers germane for a decision as nuclear plant, (2) interconnections, or (3) to whether a second antitrust review is required at the connections to wholesale customers.

operating license stage.

d. Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and D. INFORMATION NEEDED BY THE AEC basis for such changes should be included.

REGULATORY STAFF IN CONNECTION .-

e. Changes in design, provisions, or conditions of rate WITH ITS ANTITRUST REVIEW . schedules and reasons for such changes. Rate OF OPERATING LICENSE APPLICATIONS increases or decreases are not necessary.

FOR NUCLEAR POWER PLANTS

f. List of all (1) new wholesale customers, (2) transfers from one rate schedule to another,

l. To assist the regulatory staff in its review, an including copies of schedules not previously applicant for a license to operate a commercial furnished, (3) changes in licensee's sewice area, nuclear power plant should consider the following and (4) licensee's acquisitions or mergers.

USAEC REGULATORY GUIDES cop.m of pubai a.d guida awy be obe aed by rego nad.ai.no the d.vo.one deseeed to the US. Atomic Eaergy Commess.on. Weshington, Dr. 20545, negouvery cuid .r. ino.d to d c,+. .ad mek. iabi. to ~ pubs.c A rtem.oa: owwice of negamory st.ao.<rts. commean and sopene.oas so, awthode me.putae to the AEc nopemory 3 .## of 6,ap=mem.ag op.c.e.c p.ru os imp <ov.awmi 6a ihew guida .,e .acowe.oed .ad sex,wid be ae to the secreeerv ,

~ conwn oa's regui.e.one, so dei.e. eve techa.qua .as by the se.ee in of the coram.m.oa. us. Atomic Ea ,y comm .on, w h.ngeoa. os. 20545 .

evenuet.ag op cie.e prons.mo or pasivi.e.d ecc. dean ce to provide go.d ace to Attem.oa: Doctiet ag end serv.c. sectica i IG fag e we dit erent f om ou Th. gu.dn .<. essued .a the folloor.ag ten broad diviespas-

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g. List of those generating capacity additions 2. Licensees whose construction permits include con-corr.mhted for operation after the nuclear facility, ditions pertaining to antitrust aspects should list and

" including ownership rights or power ~ output discuss those actions or policies which have been allocations. implemented in accordance with such conditions.

3. Five copies of a separate document entitled "Information for Antitrust Review of Operating

h. Summary of requests or indications of interest by License Application" and containing the above other electric power wholesale or retail dis- requested information should be submitted when the tributors, and licensee's response, for any type of operating license application documents are sub-electric service or cooperative venture or study. mitted or as soon thereafter as possible.

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