ML20214Q950

Findings of No Significant Antitrust Changes in Licensee Activities Since Completion of Previous Review in Connection W/Cp

ML20214Q950
Person / Time
Site:	Byron
Issue date:	09/23/1986
From:	Harold Denton Office of Nuclear Reactor Regulation
To:
Shared Package
ML20214Q943	List: ML20214Q940 ML20214Q950 ML20214Q958
References
NUDOCS 8609290023
Download: ML20214Q950 (2)

Text

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, BYRON STATION, UNIT 2 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 Commission determines that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous construction permit review. The Commission has delegated the authority to make the "significant change" determination to the Director, Office of Nuclear Reactor Regulation.

Based upon an examination of the events since the issuance of the Byron construction permits to Commonwealth 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 the changes that have occurred since the construction permit 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 electric utility industry in Illinois, as well as events relevant to the Byron construction permit review and subsequent antitrust reviews of additional nuclear units ownedeby Commonwealth Edison Company. In addition, the staff has considered comments from interested parties in the state of Illinois and CECO concerning CECO's business relations with its customers and competitors. ,

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

" Commonwealth Edison Company (CECO) has undergone an antitrust review for each of its four nuclear plant applications. In 1976, staff reviewed CECO's CP application for the Carroll County plant and the significant change review associated with the LaSalle OL application. The significant change evaluations associated with the 1983 Byron No. 1, OL application, and the 1984 Braidwood No.1, OL application are the most recent staff reviews. The Byron No. 1, OL review concluded that no -

i significant changes had occurred in the applicant's activities except that the City of Winnetka had petitioned the U.S. Court of Appeals for the District of Columbia for the review of a FERC opinion. Since that review, the FERC has approved the settlement agreement between Winnetka and CECO, resolving all outstanding disputes. The Braidwood significant change review, covering changes in CECO's activities since the Byron No. 1, OL review, found no changes in the applicant's activities or proposed activities which could be considered significant from an antitrust standpoint and, therefore, did not recommend a formal antitrust review.

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" Staff has not identified any significant negative competitive activities by CECO since the Byron No.1 construction permit review that would warrant remedy by the NRC. Consequently, staff recommends that a no significant change determination be made pursuant to the application for an operating license for Unit 2 of the Byron Station.

Based upon the staff's analysis, it is my 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 con-struction permit.

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

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