ML20151R764

Comments on Draft OL Antitrust Review & Finding of No Significant Change.Antitrust Review Unwarranted Per Significant Change Criteria of Commission 800630 Memorandum & Order CLI-80-28

ML20151R764
Person / Time
Site:	Nine Mile Point
Issue date:	01/15/1986
From:	Weiss J JUSTICE, DEPT. OF
To:	Vogler B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#186-964 A, CLI-80-28, NUDOCS 8602060224
Download: ML20151R764 (2)

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m g og %w Benjamin H. ,Vogler, Esq.

Deputy Antitrust Counsel l Nuclear Regulatory Commission Washington, D.C. 20555 Re: In the Matter of Niagara Mohawk Corporation, et al. ,

(Nine Mile Point Nuclea r Sta tion , Unit 2), Opera ting License Antitrust Review NRC Docket No. 50-410A

Dear Mr. Vogler:

You have requested t'na t the Department of Justice

(" Department") review and comment on a draf t Operating License Antitrust Review for the Nine Mile Point Nuclear Station, Unit 2-Fiuding of No Significant Change. The Department has reviewed the draft finding and has concluded that an antitrust review purs'uant to Section 105(c)(2) of the Atomic Energy Act of 1954 (as amended), prior to the issuance of a license to Niagara Mohawk to operate the Nine Mile Point Nuclear Station, Unit 2, is not warranted.

Section 105(c)(2) provides that the Department shc11 review applications for operating licenses if the " Commission deter-mines such review is advisable on the ground that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous review by the Attorney General." 42 U.S.C. 5 2135(c)( 2). On June 30, 1980, the Nuclear Regulatory Commission issued a memorandum and order, CLI-80-28, that contained criteria for a determination of a "significant change." In order to be considered significant, the change or changes: (1) must have occurred since the previ-ous antitrust review of the licensee (s); (2) must be reasonably attributable to the licensee (s); and (3) must have antitrust implications that would most likely warrant some Commission remedy. The draft finding concludes tha t the changes which have occurred since the construction permit advice letters were issued with respect to the owners of Nine Mile Po i n t are not of competitive significance, or, with respect to Niagara Mohawk, have eliminated the concerns previously expressed by the Department. Thus, while changes have occurred, they are not of the type which would warrant Commission remedy.

9602060224 060115 DR ADOCK 05000410 PDR b0

Based on the information which you have submitted to the Department, it is the Department's view that an antitrust review is not necessary as the changes which have occurred since the construction permit review do not meet the Commission criteria for a finding of significant change.

Sincerely, dM Ja es R. Weis s Acting Chief Transportation, Energy 6 Agriculture Section 9

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