ML20197J806
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..o MAY 2 91985 Docket Nos. 50-275A and 50-323A Robert C. ticDiannid, Esq.
Spiegel & McDiannid 1350 New York Avenue, N.W.
Suite 1100 Washington, D.C.
20005-4798 Re: ANTITRUST - Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2) Docket Nos. 50-275A and 50-323A
Dear Mr. McDiannid:
This letter is sent in reference to your letter of March 19, 1985, clarifying your petition for enforcement of the Diablo Canyon Nuclear Power Plant anti-trust license conditions wherein you note that negotiations between the Northern California Power Agency (NCPA) and the Pacific Gas and Electric Company (PG&E) have resolved a number of the allegations contained in your original December 4, 1981 petition for enforcement. As you have pointed out, your 1981 petition contained several allegations which the NRC staff sunina-rized into nine separate counts as follows:
"1.
Violation of Duty to Transmit Under the License Conditions (License Condition 7A).
2.
Violation of Reserve Sharing Provision (License Condition 3).
3.
Violation of License Conditions 2F and 7A (Interconnection Agreements and Transmission Services).
4.
Violation of License Conditions 7D and 9A (rates, charges, practices, etc. shall be subject to the regulatory agencies or courts having jurisdiction over them).
5.
Violation of License Condition 7A (transmission service over the Pacific Intertie).
6.
Modification of that part of License Condition 7A concerning PG&E's exit veto over certain power sales.
7.
Modification of that part of License Condition 7A that does not require PG&E to transmit from hydroelectric facilities licensed to others.
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Robert C. McDiarmid, Esq. MAY 291985 8.
Violation of License Condition 5 by PG&E's refusal to permit smaller entities to join the California Power Pool.
9.
Recent PG&E action towards others that are inconsistent with its License Conditions."
Your March 1985 letter states that NCPA is prepared to withdraw certain of these counts without prejudice and is now pressing counts 1, 3 and 4.
We are therefore closing out the remaining six counts, without prejudice.
In addition to the three remaining counts pertaining to license conditions 2.F(2)f, 2.F(6) and 2.F(7)a, your letter alleges that PG&E has also violated license condition 2.H.
The NRC staff is considering these renewed alle-gations of license condition violations, and will take appropriate action under Section 2.206 in the near future. Your interest in clarifying your petition so that some of the' allegations can be withdrawn is appreciated.
Sincerely, OHshalslusal99
. p.a.a sini,
Harold R. Denton, Director Office of Nuclear Reactor Regulation cc: Jack F. Fallin, Jr., Esq.
Pacific Gas & Electric Co.
77 Beale Street San Francisco, CA 94106 Melanie S. Cutler, Esq., Chief Energy Section, Antitrust Division DISTRIBUTION Department of Justice Docket Files 414 Eleventh Street. N.W., Room 8415 SAB Rdg & Plant Files l
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