ML20207J406

Repeats 860519 Request for Data Responsive to Reg Guide 9.3 Re Antitrust OL Review.Responses from All co-owners Required to Assess Whether or Not Any Significant Changes Occurred Since 1980 Antitrust Settlement

ML20207J406
Person / Time
Site:	Comanche Peak
Issue date:	07/24/1986
From:	Funches J Office of Nuclear Reactor Regulation
To:	Burchette W HERON, BURCHETTE, RUCKERT & ROTHWELL
References
CON-#190-9846, RTR-REGGD-09.003, RTR-REGGD-9.003 A, NUDOCS 8607290048
Download: ML20207J406 (2)

Text

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34 EL 208 Mr. Willian H. Burchette, Esq..

Heron, Burchette, Ruckert & Rothwell Suite 700 1025 Thomas Jefferson Street. N.W.

Washington, D.C.' 20007

.Re: Comanche Peak Steam Electric Station, Unit 1, Docket No. 50-445A; Antitrust Operating License Review: Letter From William H. Burchette.to

~ Jesse L. Funches, dated July 18, 1986

Dear Mr. Burchette:

My May 19, 1986 letter to Mr. William G. Council requested data responsive to the Commission's Regulatory Guide 9.3 (Reg. Guide 9.3, copy enclosed), from all of the co-owners of Comanche Peak, not just a response from Texas Utilities Electric Company (TUEC). The data requested was issued to TUEC because TUEC is the lead applicant in the Co::ianche Peak project and has been coordinating all correspondence with the Commission staff since the Comanche Peak construction permit application was filed.

l In order for staff to adequately assess whether or not any significant changes have occurred in the applicants' activities since the antitrust settlement in 1980, we must have data responses from all co-owners in the Comanche Peak project. Texas Utilities Electric Company has received a 45-day extension (until September 2, 1986) to comply with this data request.

Staff fully expects data responses pursuant to Reg. Guide 9.3 from all co-owners of Comanche Peak to be cubmitted by September 2, 1986. If Tex-La Electric Cooperative of Texas, Inc. (Tex-La), for whatever reason, cannot coordinate its response with TUEC, staff will accept a separate filing from Tex-La. Should Tex-La decide to provide its data response directly to the Commission, please advise me of your intention to do so, with a copy to Mr. William G. Council of TUEC, as soon as possible.

Your letter of July 18, 1986 indicates that there have been a " number of major changes in TUEC's activities" since the antitrust settlement in 1980 and Tex-La anticipates " filing a response to TUEC's comments". Staff would like to have access to all information pursuant to any changed activity by the Comanche Peak co-owners since the 1980 antitrust settlement. We expect each co-owner to address changes in their own activities. To the extent Tex-La or any other co-owner is aware of other co-owners' changed activities, we would appreciate being so advised.

We do not anticipate providing Tex-La with an advance copy of TUEC's Reg.

Guide 9.3 response prior to Tex-La submitting its response to Reg.

Guide 9.3; all co-owners should file their data responses simultaneously, by 8607290048 860724 PDR M

ADOCK 05000445 PDR

Mr. William A. Burchette, Esq. September 2, 1986. However, upon receipt of the co-owners' Reg. Guide 9.3 data responses, a notice of receipt of antitrust information will be published in the Federal Register, thereby providing the public the opportunity to comment on any. changed activity that has occurred since the antitrust settlement.

Sincerely, Ortsiast WS JesseFuneWS s Jesse L. Funches, Director Planning and Program Analysis Staff Office of Nuclear Reactor Regulation

Enclosure:

As stated cc: Mr. Blake Tartt Mr. William G. Council Mr. Ben Finkelstein Distribution Docket No. 50-445A PRAB r/f & s/f JFunches LSolander Wlambe BVogler CTrammell, PM MRushbrook, LA NRCPDR LPDR pgn6-oss Ltr. to Burchette from Funches h 4 j,k. ...!. _k.

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. October 1974

[cC"(g U.S. ATCMIC ENEZY COMMISSl!N t REGULATORY GUIDE s, ,,f DIRECTORATE OF REGULATORY STANDARDS REGULATORY GUIDE 9.3 -

INFORMATION NEEDED BY THE AEC REGULATORY STAFF IN CONNECTION WITH ITS ANTITRUST REVIEW OF OPERATING LICENSE APPLICATIONS FOR NUCLEAR POWER PLANTS A. INTRODUCTION items and any related changes that have occurred or are planned to occur since submission of the As required by the December 19,1970, amendments construction permit application:

to the Atomic Energy Act of 1954, the Atomic Energy Commission conducts antitrust reviews with respect to a. Anticipated excess or shortage in generating construction permits and operating licenses it issues for capacity resources not expected at the construc-commercial nuclear facilities. The Commission must tion permit stage. Reasons for the excess or

.under certain circumstances, make a finding as to shortage along with data on how the excess will be whether the activities under the permit orlicense would allocated, distributed, or otherwise utilized or how create or maintain a situation inconsistent with the the shortage will be obtained. -

antitrust laws. An antitrust review at the operating license stage is not required unless the AEC determines b. New power pools or coordinatingyoups or such review is advisable on the ground that significant . changes in structure, activities, policies, practices, P-___ changes in the licensee's activities or proposed activities or membership of power pools or coordinating have occurred sibsequent to the previous antitrust groups in which the licensee was, is, or will be a review conducted by the Attomey General and the participant.

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Commission at the construction permit stage. ' This regulatory guide identifies t! e type ofinformation that c. Changes in transmission with respect to (1) the the Regulatory staff considers germane for a decision as nuclear plant, (2) interconnections, or (3) to whether a second antitrust review is required at the connections to wholesale customers.

i operating license stage.

l , d. Changes in the ownership or contractual a!!ocation of the output of the nuclear facility. Reasons and B. INFORMATION NEEDED BY THE AEC basis for such changes should be included.

REGULATORY STAFF IN CONNECTION

' e. Changes in design, provisions, or conditions of rate WITH ITS ANTITRUST REVIEW schedules and reasons for such changes. Rate j OF OPERATING LICENSE APPLICATIONS increases or decreases are not necessary.

FOR NUCLEAR POWER PLANTS

f. List of all (1) new wholesale customers, (2) transfers from one rate schedule to another,

1. To assist the regulatory staff in its review, an including copies of schedules not previously applicant for a license to operate a commercial furnished, (3) changes in licensee's service area, cuclear power plant should consider the following and (4) licensee's acquisitions or mergers.

USAEC REOULATORY GUIDES ceWe e_t pm.

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3. Ust of those generating capacity additions 2. Ucensees whose construction permits include con-committed for operation after the nuclear facility, ditions pertaining to antitrust aspects should list and

. including ownership rights or power output discuss those actions or policies which have been allocations. implemented in accordance with such conditions.

3. Five copies of a separate document entitled "Information for Antitrust Review of Operating

h. Summary of requests or indications of interest by Ucense Application" and containing the above other electric power wholesale or retail dis- requested information should be submitted when the tributors, and licensee's response, for any type of operating license application documents are sub-electric service or cooperative venture or study. mitted or as soon thereafter as possible.

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