ML20202D783
| ML20202D783 | |
| Person / Time | |
|---|---|
| Issue date: | 10/20/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20202D711 | List: |
| References | |
| SECY-97-227-C, NUDOCS 9712050153 | |
| Download: ML20202D783 (4) | |
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NOT ATION VOTE 4
RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-227 - STATUS OF STAFF ACTIONS ON STANDARD REVIEW PLANS FOR ANTITRUST REVIEWS AND FINANCIAL QUALIFICATIONS AND DECOMMISSIONING-FU N DING-ASSU RANC E REVIEWS A.pproved * () A Disapproved Abstain Not Participating Request Discussion COMMENTS:
I approve the issuance of the SRP on antitrust reviews (subject to the minor edits noted on the attached marked-up pages), and I agree with the Chairman that an SRP on financial qualificatiors eno decommissioning funding assurance should be deferred for now but issued coincident with the issuance of the final rule on decommissioning funding assurance.
bei SIGNATURE l/ W U U IO/h/77 Release Vote / X/
DATE Withhold Vote /
/
Entered on "AS" Yes
/
No 774* CTM! 7M" C,ORRESPONDENCE PDR
2.2 Recuired Information 2.2.1 10 CFR Information In accordance with 10 CFR 2.101 and 50.33a of the Comission's Rules. the information required by the Attorney General is submitted separately at least 9 months, but not more than 36 months, before any other part of the license application.
The completa information described in Appendix L of 10 CFR Part 50 is generally required only for applicants whose generating capacity exceeds 1400 H4.
Applicants with 1400 HW or less of generating capacity may file an affidavit setting forth the facts about their generating caoacity.
- Then, unless otherwise requested, applicants with capacity of 200 to 1400 Md need only respond to item 9 of Appendix L: applicants with less than 200 Md of capacity (de minimis applicants) need not respond to any of the questions unless specifically requested to do so by the staff.
2.2.2 Regulatory Guide 9.2 in addition to the information requested by the Attorney General. the NRC staff collects information pursuant to Regulatory Guide 9.2. "Information Needed by the NRC Staff in Connection With its Antitrust Review of Construction Permit Applications for Nuclear Power Plants."
2.2.3 Response to inquiries from the Attorney General The Attorney General will normally request
- third party" information from municipal electric utilities, rural electric cooperatives, and other utilities located in and near the applicant's service area about their competitive rela-tionships with the applicant.
The applicant identifies these utilities in response to item 9 of the Appendix L Information it provides.
Copies of the responses to these inquiries by the Attorney General should be obtained and useri as part of the NRC review.
2.2.4 Published Information To evaluate the applicant's market zwer, the revirwer will use information from (1) Forms 1 and 12. collected )y the Federal Energy Regulatory Commission (FERC). (2) the Energy Information Agency (EIA) of the Department of Energy (00E). and (3) other sources such as the Directory of Electric Utfif tfes an f
Noody's Public utility Manual, thereby obtaining information on the applicasts generating capacity and the transmission lines it owns within its service area and on its plans to increase its generating capacity and add transmission
- lines, it may also be necessary for the reviewer to survey the smaller electric utilities in the relevant areas by telephone, by mail, or in person.
since statistics about such utilities may not be available in public sources.
2.2.5 Field Review After examining the Appendix L submittal and other relevant information the reviewer may contact inr:1viduals in or near the i na the applicant serves to substantiate the responses and documents already examined.
The reviewer may interview sy: tem planners and other officials affiliated with 22
ap)licant's behavior in the relevant market and compare it with con belavior 1r the same market.
it appears reasonably probable that the activities under the license would Case create or maintain a situation inconsistent with the antitrust laws.
In examples the reviewer can refer to include #fdland and Davis-Besse.
Hfdland. the Appeal Board found that the applicant's refusals to whe coordinate with smiler utilities, and its exclusion of utilities from the Michigan power pool to be ant 1 competitive conduct and abuses of market power In Davis-Besse practices such as territorial allocations, attempts to fix prices, refusals to deal, and group boycotts were considered practices that increased the applicant's dominance and violated the antitrust laws.
2.4.4 Nexus Proof of a situation inconsistent with antitrust laws or policios is only one The second fs of the prerequisites for relief under Section 105c of the Act.a Thus, a nexus, or connection, between an the anticompetitive situation.
applicant's activities under the license and the anticompetitive situation is The farley and Davis-Besse decisions show the reviewer what to required.
consider in ascertaining whether a sufficient nexus exists between the activities under the license and an antitcompetitive situation.
2.4.5 Settlement of Antitrust issues Section 2.759 of the Comission's Rules of Practice states that the public Interest may be served through settlement of particular issues in a proceeding Settlement, by way of or through settlement of an entire proceeding.
agreement on antitrust license conditions may be negotiated at NRC staff, applicants, and, in some cases, members of the public, and smaller the review process.
electric systems as intervenors or potential intervenors.
Negotiations with the applicant begin before the Attorney General issues an The Department of Justice usually invites the NRC staff to advice letter.
join the negotiations in the beginning and invite other interested parties.
such as potential intervenors later Attorney General will advise the Comission that no heari If a settlement is not reached before the Attorney General's to the license.
advice is rendereo negotiations dre encouraged during the prehearing.itages j
and even after the hearing has begun.
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2-5
(2) a writta acknowledgment to the petitioner. Including a copy of the Federal Register notice:
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(3) a letter to the licensee or licensees against which the petition is filed including a copy of the petition and a copy of the Federal Register notice; and
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(4) a letter to the Attorney General including a copy of the petition and a copy of the Fc4eral Register notice.
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In addition, the reviewer will begin an investigation of the petition.
The l
licensee may be required to respond to the petition pursuant to 10 CFR 50.54(f) and Section 182.of the Act, i
in response to the :)etition, the licensee may also voluntarily submit additional information that t.1e reviewer should consider.
The Director of the Office of Nuclear Reactor Regulation will Inform the pet 1-t1oner within a reasonable time whether the petition is granted or denied.
4.3.2 Compliance Investigations Most compliance activities center on whether the applicant has refused in some way to share the output of its nuclear facility and/or to provide certain types ofpowersupplyservicesprpcribedbytheantitrustlicenseconditions.
g A reviewer conducting a Section 2.206 compliance investigation ordinarily uses written questionnaires, telephone contacts, and field surveys to determine the following:
(1) which antitrust laws (for Sections 105a or 105b matters) and which anti-trust conditions are involved:
(2) the extent to which the alleged violation depends on the interpretation of the antitrust laws or antitrust license conditions:
1 (3) the effect of and the reasons for the alleged violation:
(4) whether the alleged violation was willful; and (5) what remedial actions must be taken.
-On the basis of the investigation, the staff will recomend (1) that the complaint or allegation has merit. (2) that a Notice of Violation be issued, or' (3) that negotiations be pursued. followed by a Notice of Violation if the negotiations are unsuccessful.
4.3.3 Denial of Petition If the staff investigation determines that a petition received under 10 CFR 2.206 is without merit. a Director's Decision and federal Register notice to that effect will be prepared and issued by the Director of the Office of Nuclear Reactor Regulation.
The Office of the Secretary. the licensee against which the complaint was lodged and the petitioner will be provided a copy of the Director's Decision.
The Director's Decision is subject to the Comission's review on its own motion under 10 CFR 2.206(c).
43 I
UNITED STATES
'g NUCLEAR REGULATORY COMMISSION
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ASHINGTON O C. 20666-0001
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November 18, 1997 to,
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canct or THE StCRETARY MEMORANDUM TO: L. Joseph Callan f x uti e Director for Operations L.
FROM:
. J hn
./loyle, Secretary
SUBJECT:
STAFF REQUIREMENTS: SECY 97-227 - STATUS OF STAFF ACTIONS ON STANDARD REVIEW PLANS FOR ANTITRUST REVIEWS AND FINANCIAL QUALIFICATIONS AND DECOMMISSIONING-FUNDING-ASSURANCE REVIEWS The commission approved the issuance of the Standard Review Plan For Antitrust Reviews, subject to the following editorial changes insert a comma at the end of line 4 (following the word e
"and") in section 2.2.4 - Published Information, page 2-2.
insert the words "or to" following " power" at the end e
of line 6 on page 2-5 (section 2.4.3 - Analysis of Anticompetitive Behavior).
change " proscribed" to " prescribed" in line 3 of e
section 4.3.2 - Compliance Investigations, page 4-3.
(EDO)
(SECY Suspense:
12/19/97)
The Commission also approved the postponement of the issuance of the final " Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance" (NUREG 1577).
However, NUREG 1577 should be issued coincident with publication of the final rule on decommissioning funding assurance.
(EDO)
(SECY Suspense: TBD)
SECY NOTE:
THIS SRM, SECY-97-227, AND THE COMMISSION VOTING RECCRD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
2-1 cc:
Chairman Jackson Commissioner Dieus commissioner Diaz
- Commissioner McGaffigan OGC CIO OCA
- OIG i
Office Directors, negions, ACRS, ACNW, ASLBP.(by E-Mail)
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