ML20147F368

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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  FirstEnergy icon.png
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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JO-wok j H D 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

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utilities wheel power across their tronsmission lines at the request or any other utility.

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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

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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

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

the some expectorion governed: that nuclear power would be

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economico11y omvantageous.

The basis for the license amendment request is that the promise i

j or nuclear power has not been realized.

Instood or being too 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.)

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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.

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Respectfully submitted.

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j Susan L.

Hiott l

j OCRE Representative l

j 8075 Nunson Rooo Mentor. OH 44060 8801210321 800104 4

i (014) 255-3150 PDR ADOCK 05000440 I

H PDR i

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