ML20202A983

Informs That Modesto Irrigation District No Longer Seeking Addl Interconnection with Pacific Gas & Electric Co at Pittsburg,Ca & Matters First Addressed in 980429 Comments in Opposition to Restructuring of Util Have Now Become Moot

ML20202A983
Person / Time
Site:	Diablo Canyon, Humboldt Bay
Issue date:	01/18/1999
From:	Duncan W DUNCAN, WEINBERG, MILLER & PEMBROKE, P.C. (FORMERLY
To:	Steven Bloom NRC (Affiliation Not Assigned)
References
NUDOCS 9901280332
Download: ML20202A983 (2)

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. ADM,TTEo N NJ ONLY (3153 4 76-4318 UMITED TO MATTERS AND PROCECDINGS DErORE THOMAS J. LYNCH FEDERAL COURTS AND AGENCIES Or COUNSEL Mr. Steven D. Bloom i

Project Manager Project Directorate IV-2 Division of Reactor Projects Ill/IV Office ofNuclear Regulation United States Nuclear Regulatory Commission Washington, DC 20555-0001 1

Re:

Pacific Gas and Electric Company; Humboldt Bay Power Plant, Unit 3; Diablo Canyon Nuclear Power Plant, Units 1 and 2; NRC Docket Nos. 50-133, 50-275, and 50-323

Dear Mr. Bloom:

As I have previously advised by telephone, Modesto Irrigation District ("MID") is 1

no longer seeking an additional interconnection with Pacific Gas and Electric Company ("PG&E")

at Pittsburg, California and the matters first addressed in MID's April 29,1996 Comments in opposition to the restructuring of PG&E have now become moot.

Based upon MID's initial comments and subsequent correspondence, your office initiated an investigation as to whether PG&E, in refusing to interconnect with MID and provide transmission service to MID's Pittsburg Substation under PG&E's Control Area Transmission l

Service Agreement with Destec,was in violation of PG&E's nuclear license conditions in its licenses for the Humboldt Bay Power Plant, Unit 3 and Diablo Canyon Nuclear Power Plant, Units 1 and 2.

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.; t We appreciate your effons and those of the NRC Staff that have devoted time and attention to this matter. Unfortunately, superseding developments have led MID to abandon its plans,to provide electric service to Praxair, Inc. and other potential customers in Pittsburg, l

California at this time. MID is pursuing its remedy against both PG&E and Destec in an antitrust l

suit in the Federal District Court for the Northern District of California.

.i Under these circumstances, we see no useful purpose in continuing to pursue this l

matter before the Nuclear Regulatory Commission. MID, therefore, respectfully withdraws its l

complaint and request for reliefin these proceedings and asks that the NRC close its files on the l

investigation.

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Again, we appreciate your interest and attention to this matter. Please advise whether you will need anything further from MID to terminate your inquiry or close your files.

Sincerely, 4e+ = A Wallace L. Duncan" ~ ~ ' ~

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William Manheim, Esquire (PG&E) l Scott Steffen, Esquire (MID) i WLD:yob

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