ML20147F368

Comments on Util 870918 Request for License Amend to Suspend Antitrust License Conditions.Amend Request Should Be Denied Since Motive Is anti-competitive & Thus Contrary to Spirit of Antitrust Provisions of Atomic Energy Act

ML20147F368
Person / Time
Site:	Perry
Issue date:	01/04/1988
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	NRC
References
FRN-52FR48473 A, NUDOCS 8801210321
Download: ML20147F368 (1)

Text

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January 4, 1988 CONMENTSH0F OHIO CITIZENS FOR RESPONSIBLE ENERGY, INC. ON REQUEST TO SUSPEND PERRY NUCLEAR POWER PLANT ANTITRUST CONDITIONS, 50 FR 48473 (DEC. 22, 1987)

• i As result or the Nuclear Regulatory Commission's antitrust l

review conducted at the construction permit stage for the Perry '

Nuclear Power Pione, the NRC imposed a number or conditions on the operating license for Perry. These conditions. to be odhered to by all Perry owners. Were designed to. prevent Perry's owners from engaging in anti-competitive activities. I Among these license conditions is a requirement that the Perry ,

utilities wheel power across their tronsmission lines at the

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request or any other utility. r T

On September 18. 1987 Ohio Edison filed a request with the NRC #

ror o license omendment for Perry to suspend the antitrust ,

license conditions. OE's rottonale is that the portton-or the Atomic Energy Act empowering the NRC to conduct antitrust [

reviews and grant oppropriate relier was enacted at a time when f nuclear power was thought to be o cheap source.or power. ond l thus, uould confer o tremendous competitive advantage to those .

utilities owning nuclear power plants. This competitive l odvantage was thought to rotse entitrust implications requirine NRC intervention to maintain roir competition. During the  ?

1970s when the NRC conducted its antitrust review for Perry.

the some expectorion governed: that nuclear power would be ~

economico11y omvantageous. ,

The basis for the license amendment request is that the promise i or nuclear power has not been realized. Instood or being too j cheap to meter, nuclear power is very expensive. '

l The underlying motive for the request is that, because Perry's  :

electricity is so expensive, municipalities within OE's service area are likely to form public power districts which con use the wheeling-ot-request _ requirement in the Perry antitrust  ;

! license conditions to buy cheaper electricity from the grid  !

i outside OE's service creo over OE's transmission lines and sell  ;

it to consumers, who used to be OE's customers, at rotes less  !

i than OE's. OE thus wants to cut err on ovenue or relier fron  ;

Perry rate shock, by ensuring that its customers are captive to

its spiraling rates. (See pp. 59-60 or OE*s application,  ;

regarding the City or Norton. OH.) j 1 i The omendment request should be denied because its motive i s r onti-competitive, and thus controry to the spirit of the  !

ontitrust provisions or the Atomic Energy 4ct. I i I i

Respectfully submitted.  !

I

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j Susan L. Hiott l j OCRE Representative l" j 8075 Nunson Rooo 4

Mentor. OH 44060 8801210321 800104 i

(014) 255-3150 PDR ADOCK 05000440 ,

I H PDR i

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