ML20206P174

Forwards Fr Notice & NRR Finding of No Significant Antitrust Changes Subsequent to Antitrust Review at at CP Stage

ML20206P174
Person / Time
Site:	Braidwood
Issue date:	08/26/1986
From:	Funches J Office of Nuclear Reactor Regulation
To:	Lieberman M ZUCKERT, SCOUTT, RASENBERGER & JOHNSON
Shared Package
ML20206P179	List: ML20206P174 ML20206P205
References
A, NUDOCS 8608270114
Download: ML20206P174 (3)

Text

. .

AUG 2 61986 Mr. Marvin S. Lieberman, Esquire Zuckert, Scoutt, Rasenberger & Johnson 888 Seventeenth St., N.W.

Washington, D.C. 20006-3959 Re

Braidwood Station, Unit 1, Docket No. 50-456A; Antitrust l Operating License Review - No Significant Change Finding 1

Dear Mr. Lieberman:

3 Pursuant to the antitrust review of the captioned nuclear unit, the Director of the Office of Nuclear Reactor Regulation has made a finding in accordance with Section 105c(2) of the Atomic Energy Act of 1954, as amended, that no significant antitrust changes have occurred subsequent to the antitrust review at the construction permit stage.

In light of the interest you have expressed in the captioned antitrust review, I am enclosing a copy of the Director's finding and a copy of the notice being transmitted to the Federal Register pursuant to Unit 1 of the Braidwood Station.

Sincerely,

/ s/

Jesse L. Funches, Director Planning and Program Analysis Staff Office of Nuclear Reactor Regulation

Enclosures:

As stated

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BRAIDWOOD STATION, UNIT 1 .

OPERATING LICENSE ANTITRUST REVIEW -

FINDING OF NO SIGNIFICANT CHANGE Section 105c(2) of the Atomic Energy Act of 1954, as amended, provides for an antitrust review of an application for an operating license if the Comission determines that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous construction permit 1

I review. The Comission has delegated the authority to make the "significant {

change" determination to the Director," Office of Nuclear Reactor Regulation. l Based upon an examination of the events since the issuance of the Braidwood  !

construction permits to Comonwealth Edison Company (CECO), the staffs of the  :

Planning and Resource Analysis Branch, Office of Nuclear Reactor Regulation and the Office of the General Counsel, hereafter referred to as " staff" have  ;

jointly concluded, after consultation with the Department of Justice, that '

j the changes that have occurred since the construction pemit review are not of the nature to require a second antitrust review at the operating license (OL) stage of the application.

In reaching this conclusion, the staff considered the structure of the

.electri~c. utility industry in Illinois, as well as events relevant to the ,

Draidwood construction pennit review and subsequent antitrust reviews of -

additional nuclear units owned by Comonwealth Edison Company. In addition, the staff has considered coments from interested parties in the state of Illinois and CECO concerning CEC 0's business relations with its customers and competitors.

The conclusion of the staff's analysis is as follows:

"Since the construction pemit antitrust review of the Braidwood units in

- 1974 there have been subsequent reviews of the applicant's activities including antitrust reviews in 1976 for the Carroll County construction

• permit application and the LaSalle operating license application, and in ,

1983 for the Byron, Unit 1 operating license application. The Byron, Unit I review concluded that no significant changes had occurred in the applicant's activities up to that time, but noted that the City of Winnetka had petitioned the U.S. Court of Appeals for the District of Columbia for review of a Federal Energy Regulatory Comission (FERC) opinion. Since that review the applicant and Winnetka have filed an agreement with FERC which, if approved by the Comission, would resolve all outstanding disputes between CECO and Winnetka.

Since the Byron, Unit 1 OL review, the changes in the company's activities have involved changes in rates and rate structure, both at the retail and wholesale level, which are the result of an order of the Illinois Comerce Comission and a settlement agreement filed with the Federal Energy Regulatory Comission. Further, the applicant has contacted several electric utility companies and has offered to share participation in the Braidwood nuclear units. Based on the NRC staff review, the applicant has not unreasonably restrained these utilities from further participation in the Braidwood units."

2-Based upon the staff's analysis, it is iny finding that there have been no "significant changes" in the licensee's activities or proposed activities since the completion of the previous antitrust review in connection with the construction pennit. *

! A Harold R. Denton, Director Office of Nuclcar Reactor Regulation 4

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