ML20247R260

Forwards 2.206 Petition Filed by Cap Rock Electric Cooperative,Inc Re Order Enforcing Antitrust Conditions. Recommends That Staff Request Licensee to Respond to Issues Raised in Petition

ML20247R260
Person / Time
Site:	Comanche Peak
Issue date:	05/31/1989
From:	Chandler L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20245A021	List: ML20245A018 ML20245A031 ML20245A038 ML20247R260
References
2.206, NUDOCS 8906070187
Download: ML20247R260 (1)

Text

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kk-UNITED STATES '

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. NUCLEAR REGULATORY COMMISSION

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Q j-WASHINGTON, D. C. 20555 4

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>*s MAY 311989 HEMORANDUM FOR:

Thomas E. Murley, Director Office of Nuclear Reactor Regulation' FROM:

Lawrence J. Chandler.

Assistant General Counsel for Hearings &. Enforcement-Office of the General Counsel

SUBJECT:

TEXAS UTILITIES ELECTRIC COMPANY --

COMANCHE PEAK Enclosed is a 2.206. petition' filed by Cap Rock Electric Cooperative, Inc.

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.(Cep Rock) which requests that~the Director, Office of Nuclear Reator=

Regulation issue an order enforcing the Comanche Peak antitrust license

. conditions. The petition specifically requests that Texas Utilities a

Company (TEUC) be required to make available to Cap Rock, under reasonable rates, terms, and conditions, the partial requirements, coordination, and other-essential electric power services which are provided for under the

-license conditions and which are necessary before Cap Rock can purchase bulk power from other utilities. Cap Rock also requests that an antitrust hearing be instituted to modify the license conditions to prevent TUEC from further abusing its monopoly power. Cap Rock claims the Comanche Peak license conditions have been violated by a recent TEUC refusal to grant these essential services until Cap Rock terminates its full require-La -

ments wholesale. service. contract with TEUC and establishes a fully operable control area. Accordir.g to Cap Rock, other utilities have received these

-services from TEUC without meeting these requirements.

I have enclosed drafts of a letter of acknowledgment to the petitioner for your signature and a' Notice of Receipt of the Petition for publication in

'the Federal Register. We recorsaend that your staff request the licensee to respond to the issues raised in the petition, and we shall to glad to assist your staff in draf ting an appropriate letter. The OGC attorney assigned to this matter is Lee Dewey (x21695).

It:is requested that ray staff be informed of the technical. staff contact

.who will be involved in preparing a response to the petition. Please L

ensure that I am provided copies of all correspondence related to the y

petition and that I am asked to concur i all staff co respondenc.

l l

r Lawrence J.

handler i

Assistant General Counsel i

for Hearings & Enforcement Office of the General Counsel l'

Enclosures:

1.

Copy of Petition 2.

Draft Ltr of. Acknowledgement 3.

Draft Federal Register Notice l

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JScinto, 0GC l

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