ML20246D831

Motion to Withdraw Intervention & Joint Motion to Dismiss & Terminate Proceeding Re CP Application Filed by Georgia Power Co for Ei Hatch Nuclear Plant Unit 2

ML20246D831
Person / Time
Site:	Vogtle, 05000426, 05000000, 05000427
Issue date:	06/03/1974
From:	Carlton M, Saunders J, Vogler B GEORGIA POWER CO., JUSTICE, DEPT. OF, US ATOMIC ENERGY COMMISSION (AEC)
To:	NRC COMMISSION (OCM)
Shared Package
ML20246B150	List: ML20246B148 ML20246D831 ML20246D877 ML20246D912
References
A, NUDOCS 8908280292
Download: ML20246D831 (4)

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l UNITED STATES'0F. AMERICA'

? ATOMIC ENERGY COMMISSION BEFORE THE COMMISSION  ;,

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GEORGli POWER COMPANY 'h 'AEC Docket Nos. 50-424A l 50-425A

- (Vogtle Nudiear Plant, 50-426A -

A h 50-427A Units 1, 2, 3 and 4) J

' MOTION TO WITHDRAW INTERVENTION AND JOINT MOTION TO DISMISS AND TERMINATE THIS PROCEEDING On August 2 1972 the Commission received a Leti.er of Advice from the Attorney General pursuant to Section .105c of the Atomic Energy Act

- of 1954, as amended (the Act) relating to the. construction pemit' ur.

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application filed by the Georgia Power Company for the Edwin'I. Hatch Nuclear Plantr Unit No. 2. Thereafter, on May 9,1973, the Conmission received a Letter of Advice from the Attorney General relating to the

. construction permit application filed by the Georgia ~ Power Company covering the Vogtle' Nuclear Plant, Units 1, 2, 3 and 4.

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It was the opinion of the Attorney General with regard to each of the above applications that a hearing on antitrust matters was required to detemine whether the issuance of a construction permit in each case

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would create or maintain a situation inconsistent with the antitrust laws.

A Notice of Hearing and the designation of an Atomic Safety and Licensing Board was issued by the Commission in an Order dated November 29, 1972 with regard to.the Hatch proceeding. A notice has nut been issued desig-  ;

nating an Atomic Safety and Licensing Board in the Vogtle proceeding.  !

B908280292 890 PDR ADOCK 050 M P -

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't With respect to the Vogtle application, the Staff filed a Motion for Consolidation with the. Hatch proceeding before the Commission on .

September 25, 1973, and this matter is currently pending.

Subsequent to the publication in the Federal Register of the letter of Advice of the Attorney General in the Hatch proceeding dattd August 11, 1972, motions to intervene were submitted by the Georgia Municipal Association and the Cities of Acworth, Georgia, et al., the Water, Light and Sinking Fund Commission of the City of Dalton, and the Georgia Electric Membership Corporation and the Mitchell County Electric Membership I d' Corporation. Following publication in the Federal Register of the Letter of Advice of the Attorney General in the Vogtle application dated May 18 1973, a motion to intervene was submitted by the Georgia Municipal Association and the Cities of Acworth, Georgia, et al., in the Vogtle proceeding.

Over the past several months meetings have'been held among the.

parties, including the Staff and the Department of Justice, for the purpose of negotiating license conditions which, in the opinion of the parties, would resolve the antitrust contentions that have been raised. As a result of these meetings the parties have reached agreement on license conditions which resolve the outstanding antitrust issues. Pursuant to

- the agreement the Georgia Municipal Association and the Cities of Acworth.

Georgia, eti a],. moves to withdraw its intervention in the Vogtle proceed-6 ing.

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c, By letter dated May 1,1974 the Department- of. Justice, in a supple-mental letter of advice, advised the Commission that in view of the license' conditions Ngotiated a'nong the parties, it was trithdrawing the

b. recommendation that a hearing was needed'in this' matter (appended hereto as Attachment A). . ....

Accordingly, counsel for the applicant, the Georgia Municipal i

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Association and the Uties of Acworth, Georgia, e_t, a_1,.

t the Department of Justice and the Staff move the Commission, in light of such agreement, and the understanding as to inclusion by the Commission'in the license:

of the negotiated license conditions set forth in the Department of Justice letter dated-May 1,1974, to enter an order in this proceeding accepting the withdrawal of the petition to intervene and to dismiss and terminate the proceeding.

A similar pleading is being filed with the Atomic Safety and Licensing Board designated by the Comission in an Order dated November 29. -

1972, in the Hatch proceeding . (AEC Docket No. 50-366A).

The withdrawal of the petition to intervene . the change in advice

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from the Attorney General and the position by the Staff that a hearing is not otherwise needed, eliminate the existence of any issues in controversy and the need for a hearing. Accordingly, the Contnission j

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- is requested to grant'the Motions to withdraw and dismiss and terminate .__

this proceeding by entry of an appropriate order.

respectfully submitted,

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Milton A. Carlton, Jr. , Esq.

Counsel for Georgia Power Company.

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'( Joseph J. Saunders, Esq.

Attorney, Antitrust Division United States Department of Justice r:6

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Ben nI ler, Esy.

Assistant- Antitrust Counsel for AEC Regulatory Staff ss L Donald R. Allen, Esq. -

' Counsel for the Georgia Municipal Association and the Cities of Acworth, g el.

Attachment A 1

Dat'ed at.Bethesda, Maryland this 3rd day of June 1974.

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