ML20245C880
| ML20245C880 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 06/20/1989 |
| From: | Nash D Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20245C865 | List: |
| References | |
| A, NUDOCS 8906260316 | |
| Download: ML20245C880 (3) | |
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7590-01 NUCLEAR REGULATORY COMMISSION DOCLET NOS. 50-348A, 50-364A ALABAMA POWER COMPANY JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 ANTITRUST SLiILEMENT On June 29, 1984, the Alabama Electric Cooperative, Inc. (AEC) petitioned'the Nuclear Regulatory Comission (NRC) pursuant to 10 C.F.R. 92.206 to enforce Antitrust License Condition'No. 2 which is incorporated in the Joseph M.
Farley Nuclear Plant, Units.1 and 2 (Farley) licenses. On June 16, 1986, the Director of the Office of Nuclear Reactor Regulation issued a Notice of Violation that cited eleven areas of non-compliance with Antitrust License Condition No. 2.
After extensive discussions' and negotiations between AEC, Alabama Power Company (APCo) and the NRC ctaff, AEC and APCo entered into a joint settlement agreement dated April 25, 1989 that fully resolves the original controversy which led AEC l 1
to petition the NRC in June of 1984. i
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DISCUSSION The antitrust license conditions attached to the Farley licenses resulted from the NRC's antitrust construction permit review in the late 1970's and subsequent court proceedings in the early 1980's. The license condition in question required l APCo to offer to sell to AEC an undivided ownership interest in the Farley plant.
AEC's petition was precipitated by the inability of APCo and AEC to mutually agree upon the terms and conditions of the proposed sale.
8906260316 890620 PDR- ADOCK 05000348 M PDC
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Docket ilos. 50-348A, 50-364A 2 On the basis of the AEC petition and the subsequent staff analysis of the allegations raised by AEC, the Director of the Office of Nuclear Reactor Regulation (Director) issued a Director's Decision and Notice of Violation (NOV)againstAPCoonJune 16, 1986. The Director's Decision denied AEC's petition in part and granted it.in part. The NOV cited-eleven of the fourteen allegations raised by AEC in its petition as areas of non-compliance by APCo with Antitrust License Condition No. 2. Subsequent to the issuance of the NOV, APCo and AEC entered into protracted negotiations that ultimately resulted in the parties _ consummating a Purchase and Ownership Agreement on November 18, 1988 for the sale by APCo to AEC of an ownership interest in APCo's James H. Miller, Jr. Steam Electric Generating Plant, Units 1 and 2.
This Purchase and Ownership Agreement allowed AEC to substitute its rights to purchase a portion of the Farley plant, provided for by Farley Antitrust License Condition No. 2, for the rights to purchase a portion of APCo's James H. Miller, Jr. coal-fired power plant.
APCo and AEC have concluded that the settlement agreement summarized above resolves the dispute between the two parties that was characterized in AEC's request for a 2.206 enforcement action filed before the NRC on June 29, 1984.
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- Docket Nos. 50-348A,.50-364A 3-l-
A: a result of'the consummation of this settlement agreement, the staff, by this Notice, hereby completes its review of this matter.-
Dated at Rockville, Maryland this 20th day of June 1989..
FOR THE NUCLEAR REGULATORY COMMISSION Origiaal signed by:
Darrel A. Nash, Acting Chief Policy Development and Technical Support Branch
' Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation 1
Distribution Docket File PTSB RDG-DNash WLambe.
JRutberg-
- EReeves NRCPDR LPDR (Farley Federal Register)
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'*SEE PREVIOUS CONCURRENCE i
- PTSB:PMAS. *PTSB:PMAS *PDII-1 *0GC *C:PTSB:PMAS WLambe/eb DHash EReeves JRutberg CThomas 3
05/30/89 05/31/89 05/31/89 06/14/89 06/20/89 i
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