ML20203G781

Forwards CF Rule Re Review of Util CP Application & Anticipated Sale of Approx 12% of Seabrook Units to Eua Power Co,Concluding That NRC Antitrust Hearing Unnecessary

ML20203G781
Person / Time
Site:	Seabrook
Issue date:	07/25/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Synar M HOUSE OF REP., GOVERNMENT OPERATIONS
References
A, NUDOCS 8608040054
Download: ML20203G781 (2)

Text

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Docket N:s. 50-443A, 50-444A, .

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. The Honorable Michael Synar, Chairman Subcommittee on Environment, Energy and Natural Resources Committee on Government Operations United States House of Representatives Washington, D.C. 20515

Dear Mr. Chairman:

This letter is to inform the Subcommittee on Environment, Energy and Natural Resources that the Commission has received additional antitrust advice from the Attorney General in connection with Public Service Company of New Hampshire's construction permit application for the Seabrook Nuclear Station, Units 1 and 2.

The Ath rney General's review was precipitated by the anticipated sale of approximately 12% of the Seabrook Units to the EUA Power Company. This advice is rendered pursuant to Section 105c of the Atomic Energy Act of 1954, as amended.

The Attorney General's letter concludes that:

"Our review of the information submitted in connection with the ,

present application, as well as other relevant information, has disclosed no evidence that the proposed participation by EUA Power Company in the Seabrook Units would either create or maintain a situation inconsistent with the antitrust laws under Section 105(c). We do not, therefore, believe it is necessary for the Commissior. to hold an antitrust hearing in this matter."

A copy of the Attorney General's letter, dated July 1, 1986, is enclosed for your information.

Sincerely, Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosures:

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OFFICAL RECORD COPY

I D:cket N:s. 50-443A, 50-444A ,

, The Honorable Michael Synar, Chairman Subcommittee on Environment, Energy and Natural Resources Committee on Government Operations United States House of Representatives Washington, D.C. 20515

Dear Mr. Chairman:

This letter is to inform the Subcommittee on Environment, Energy and Natural Resources that the Commission has received additional antitrust advice frcm the Attorney General in connection with Public Service Company of New Hampshire's construction permit application for the Seabrook Nuclear Station, Units 1 and 2.

The Attorney General's review was precipitated by the anticipated sale of approximately 12% of the Seabrook Units to the EUA Power Company. This advice is rendered pursuant to Section 105c of the Atomic Energy Act of 1954, as amended.

The Attorney General's letter concludes that:

"Our review of the information submitted in connection with the present application, as well as other relevant information, has disclosed no evidence that the proposed participation by EUA Power Company in the Seabrook Units would either create or maintain a situation inconsistent with the antitrust laws under Section 105(c). We do not, therefore, believe it is necessary for the Commission to hold an antitrust hearing in this matter."

A copy of the Attorney General's letter, dated July 1, 1986, is enclosed for your information.

Sincerely, Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosures:

As stated cc: William F. Clinger, Jr.

DISTRIBUTION OCA(3) LSolander VNerses, PM HDenton Docket File, No. 50-443A WLambe NRCPDR RVollmer JFunches BVogler, 0GC LPDR OCA jj OFC :PRAB;fPAS :PRAB PPAS :D :P S :DDIR:NRR :DIR:NRR :0GC M r :1"

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U.S. Department of Justice

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Antitrust Division 4

Office of the Anistant Attorney General Mrdington. D.C. 20530 JUL 011986 Joseph Rutberg, Esq.

Antitrust Counsel Nuclear Regulatory Commission Washington, D.C. 20555 Re: In The Matter Of Seabrook Nuclear Station Units 1 and 2 (Docket Nos. 50-443 and 50-444), Amendment No. 57 to License Application Dated March 30, 1973, Request for a Partial Transfer of Construction Permit Nos. CPPR-135 and CPPR-136

Dear Mr. Rutberg:

You have requested our advice pursuant to Section 105(c) of the Atomic Energy Act of 1954, as amended, in connection with the purchase by EUA Power Company of an ownership interest in the above-captioned nuclear facility.

EUA Power Company, a wholly-owned subsidiary of Eastern Utilities Associates will purchase an interest totalling ap-proximately 12% of the two Seabrook units from Central Vermont Public Service, Corporation, Central Maine Power Company, Bangor Hydro-Electric Company, Maine Public Service Company and Fitchburg Gas and Electric Light Co.

Our review of the information submitted in connection with the present application, as well as other relevant information, has disclosed no evidence that the proposed participation by EUA Power Corapany in the Seabrook Units would either create or maintain a situation inconsistent with the antitrust laws under Section 105(c). We do not, therefore, believe it is necessary for the Commission to hold an antitrust hearing in this matter.

Sincerely, Charles F. Ru b Acting Assistant Attorney General O

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