ML18037A193

Requests Reopening of Antitrust Investigation Re CP Application.Util Refusal to Supply Power to Massena,Ny Is Coercive Attempt to Restrain Free Trade

ML18037A193
Person / Time
Site:	Nine Mile Point, Sterling
Issue date:	08/25/1979
From:	Weber S ECOLOGY ACTION OF OSWEGO
To:	Office of Nuclear Reactor Regulation
References
NUDOCS 7908310387
Download: ML18037A193 (94)

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.<Cc,~G Office'of Antitru-t and linden&.+

Directorate of Licensing gy -VS<

Nuclear Regulatory Corrrniss ion

~>>ashington~ DC so- q/0 Gentlemen'his is a request to reopen the antitrust investigation performed by your office in connection with the application by'ochester Gas and Electric three other utilities to build a nuclear plant at Sterling> N.Y Specifica~p Corp'nd me ask that a new inquiry'e held~ focussing on the activities of Niagara Mohawk Power Corp.~ one of the other three utilitiese Since your investigation in 1975 and 1976~ a significant change in the facts has occurred. The village of Vbssena has condemned Niagara Kohawk~s distrioution system and has contracted with the Pcrver Authority of New York S ate for power from PASNYts St. Lawrence River hydro station. Despite th=

fact that the condemnation has survived every legal effort by Niagara Rona'o reverse it~ the utility is now trying to starve out Rassena by refusing to transad.t power from PASNY to the tawn This refusal to wheel power~ at least on its face~ seems an obvious attempt to restrain free trade. Qn Feb 26~ 1976~ your office asked the Sterli~

applicants about Niagara Mohawk's reported refusal to transmit power to Vassena~

This inquiry was part:f your original antitrust investigation. By letter of Rarch 31~ 1976~ the ap;.licants r plied that any conclusion about Niagara L'ohawk~s pcs&.on was i:rematurey that Rassena was in the "preliminary stages" of a condemnation proceeding. The letter cited a legal brief by th" company submitted to'he Feder".1 Power Commission~ which said.

it would be imprudent and

~agree~ to -hat at sent est impracticable for Niaga.'a to either ~refuse~

or pr necessary be a purely hypothetical ~whee'~

agreement~ with L<assera. "

The situation is no longer "hypotheticali" Niagara Roharik nav refuses transmit po" er to the 18assena ~icipal system and has been granted an injunction in ederal district court preventing the'ystem from s~ting up while this ouestion is decided, le think this matter oears directly on t'n Co~<<issionts duty to determine whether tPe activiti"s under a license wil1 create or maintain a situation "inconsis ent with thd antitrust L--s (42 USC 23.35 (5)) lt is obvious that yom office ag ees~ or you;~auld not have dnquired about it in 1976 Therefor ~ m ask that th antitrust inouiry be reopened to determine if Niagara Ro?awk>s actiore in regard to wssena vio~wte th antitrust provision of th Atomic ¹rgy Act, Th ~'assena situation is also relevant to Niagara "ohawk~s construction permit to b~>> Nine Rile Unit 2 jf'he conclusions of your investigation

-currant it~ that construction permit should also be reconsider d.

/

Sincerely Suza

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4 Distribution:

AToalston Reading AUG 0 l 1978 OCA (3)

ANTl-i%IT Docket File Docket Ho. 50-410A NRR Reading AIG Reading AIG Files JRutberg, OELD The Honorable Norris K. Udal't, ChairIIan JSaltzman Subcommittee on Energy and the Environment Committee on Interior and insular Affairs United States House of Representatives Mashington, DC 20515

Dear Hr. Chairman:

This is to inform the Subcomnittee on Energy and the Environment that the Commission has received additional antitrust advice from the Attorney General in connection with Niagara Hohawk Power Corporation. Long Island Lighting Company, Hew York State Electric 8 Gas Corporation, Rochester Gas 8 Electric Corporation, and. Central Hudson Gas 8 E1ectric Corporation's construction permit application-for Wine Nile Point Nuclear Station, Unit No. 2. This advice is rendered pursuant to section l05c of the Atomic Energy Act of 1954, as amended.

A copy of,the Attorney General', letter dated July 26, 1978, is enclosed.

In. his letter he concludes:

"<.. from the information available to us at the present time we conclude that no antitrust hearing by the Nuclear Regulatory Commission will be required with respect to this application."

Sincerely,

</R/ A. L. Tealston Argil Toalston, Acting Chief Antitrust 8 Indemnity Group Nuclear Reactor Regulation

Enclosure:

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Docket Files Docket No. 50-410A ~~~ AIG NRR Reading AIG Reading Files JRutberg, The Honorable Gary Hart, 'Chairman OELD'Saltzman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Nr. Chairman:

This is to inform the Subcommittee on Nuclear Regulation that the Commission has received additional antitrust advice from the Attorney General in connection with Niagara ttohawk Poster Corporation, Long Island Lighting Company. New York State Electric 5 Gas Corporation, Rochester Gas 5, Electric Corporation, and Central Hudson Gas 8 Electric Corporation's construction permit application for Nine Nile Point Nuclear Station, Unit Ho. 2. This advice is rendered pursuant to section 105c of the Atomic Energy Act of 1954, as .amended.

A copy of the Attorney General's letter dated July 26, 1978, 4s enclosed.

In his letter he concludes:

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,the present time we conclude that no,antitrust hearing by the Nuclear Regulatory Commission v>ill be required with respect to this application."

Sincerely, TO~t0n I//P/ h T Ar gil Toalston, Acting Chief Antitrust 4 Indemnity Group Nuclear Reactor Regulation

Enclosure:

Attorney General's Letter cc: Sen. James NcClure OPPICK~

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The Honorable 8ohn D. Dingell, Chairman 'JSaltzman Subcommittee on Energy and Power Committee on Interstate and Foreign Commerce United States House of Representatives Mashington, OC 205'f5 Gear Nr. Chairman:

This is to inform the Subcommittee on Energy and Power that the Commission has received additiona'l antitrust advice from the Attorney General in connection with Niagara Mohawk Power Corporation, Long Island Lighting Company, New York State Electric 8 Gas Corporation, Rochester Gas 5 Electric Corporation arid Central Hudson Gas 5, Electric Corporation's construction permit application for Nine Nile Point Nuclear -Station, Unit No. Z. This advice is rendered pursuant to section 105c of the Atomic Energy Act of 1954, as amended.

A copy of the Attorney General's letter dated July 26, 1978, is enclosed.

In his letter he concludes:

"... from the information available to us at, the present time we conclude that no antitrust hearing by the Nuclear Regulatory Comission

>>ill be required with respect to this application."

Sincerely, Pl,k < rO0h]0 Argil Toalston, Acting Chief Antitrust tI Indemnity Group Nuclear Reactor Regulation Encl osur.e:

Attorney General's Letter cc: Rep. Clarence J. Brown OCA SURNAMSW

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July 31, 1978 Docker No. 50-410A Niagara tiohawk Power Corporation ATTN: ttr. Gerald K. Rhode Vice President - Engineering 300 Erie Boulevard Mest Syracuse, Hew York 13202 Gentlemen:

Hith reference to the construction permit application for Nine Nile Point Nuc1ear Station, Unit No. 2, the Attorney General has furnished the Commission additional antitrust advice pursuant to section 105c of the Atomic Energy Act of 1954, as amended. A copy of the Attorney General's letter dated July 26, 1978, is enclosed for your information.

lie are also transmitting to the Office of the Federal Register a copy of the Attorney General's advice for pub1ication. It"should'e noted that pursuant to section 2.714 of the Commission's Rules of Practice, 10 CFR Part 2, a petition for 1eave to intervene and request for hearing on the

'antitrust aspects of the, application may be filed by any person whose interest may be affected within thirty (30) days after publication of the notice in the Federal Register.

Sincerely,

/S/ A.L. ToalStOg Argil Toalston, Acting Chief Antitrust 8 Indemnity Group Nuclear Reactor Regulation

Enclosure:

, Distribution: k k

Attorney General's Letter Docket Files JYore, ASL'B; w/encl.

Local PDR JFouchard, PA cc:. Alvin E. Upton, Esq. NRC PDR JFrye, ASLB, w/encl.

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0 Qniteb States Q~ymtmwt af 3fuSttce WASHINGTON, D.C. 20530 ASSISTANT ATTORNEY GSNSRAL ANTITRUST OIVISION JUL 26 1978 Howard K. Shapar, Esquire Executive Legal Director Nuclear Regulatory Commission Washington, D.C. 20555 Re: Nine Mile Point Nuclear Station, Unit 2 NRC Docket No. 50-410A

Dear Mr. Shapar:

You have requested our advice pursuant to Section 105 of the. Atomic Energy Act, as amended, in regard to the revised application by Niagara Mowhawk Power Corpor-ation, Long Island Lighting Company, New York State Electric & Gas Corporation, Rochester Gas Electric S Corporation and Central Hudson Gas 6 Electric Corpora-tion to construct the Nine Mile Point Nuclear Station, Unit No. 2.

In 1972 the Department of Justice reviewed the original application for the Nine Mile Point Nuclear Station, Unit 2 submitted by Niagara Mowhawk Power Corporation (Niagara Mowhawk). On December 19, 1972, we informed your prede'cessor Commission that the activities proposed under that application would not create or maintain a situation inconsistent with the antitrust laws. On September 22, 1975, Niagara Mowhawk entered into a Basic Agreement with, Long Island Lighting Company (LILCO), New York State Electric 6 Gas Corpora-tion (New York State), Rochester Gas S Electric Corpor-ation (RGGE) and Central Hudson Gas & Electric Corporation (Central Hudson), to build, own and operate the Nine Mile Point Nuclear Station, Unit 2 on a joint basis. Each participant's share of the expenses and energy output is as follows:

Niagara Mowhawk 41%

LILCO 18%

New York State 18%

RGaE 14 ~o Central Hudson 9%

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Nine Mile Point Nuclear Station, Unit 2 is pro-posed to be built on a site on the southeast shore of Lake Ontario, in Oswego County, New York. This loca-tion is presently the site of Niagara Mowhawk's existing nuclear generating facility, Nine Mile Point Nuclear Station, Unit 1. The latest cost estimates (not including allowances for funds used during construction) for the completion of the facility are as follows:

Total nuclear production plant costs $ 1,018,335,000 Transmission, distribution and general plant costs 7,559,000 Nuclear fuel inventory costs for first core 71,474,000 TOTAL ESTIMATED COSTS $1 g097g368I000 This facility will be capable of generating 1100MW of power and is scheduled to be in service in November, 1982.

Hach of the new applicants has been the subject of prior antitrust advice letters written by the Depart-ment. On April 22, 1976, we rendered antitrust advice on an application by Central Hudson to participate in the Sterling Power Project, Nuclear Unit No. l. On January 7, 1975, we rendered antitrust advice on an application by LILCO to construct the Jamesport Nuclear Power Station, Units 1 and 2. RG&E was the subject of antitrust advice letters of December 27, 1974, and April 22, 1976 on an application to construct the Sterling Power Project, Nuclear Unit No. 1. Most recently, on January 26, 1978, we rendered antitrust advice concerning New York State with respect to its applications to participate in the Jamesport Nuclear Power Station, Units 1 and 2. We also rendered antitrust advice on December 27, 1974, on New York State's application to construct the Somerset Nuclear Station, Units 1 and 2.

Xn each of the above-referenced antitrust advice letters we advised of our conclusion that the activities under the licenses applied for would not create or maintain a situation inconsistent with the antitrust laws.

Since the last antitrust advice letters were written for each of the new applicants only LILCO has had a change in its operations which merit notation.

~'

In April, 1978, the Greenport New York Municipal Electric System, which until that time had been iso-lated, interconnected with LILCO. The Greenport system has a peak of about 3MW. In addition, Greenport, as well as Freeport and Rockville Centre, the only two other comparatively small municipal utilities in LILCO's service area, have obtained commitments from the Power Authority of the State of New York (PASNY) to supply their bulk power needs. LILCO, as well as other investor-owned utilities in the State of New York, have agreed to transmit that power from the PASNY transmission system to the three municipal systems.

After examination of the current applications and review of the relevant data, we h'ave concluded that no intervening circumstances have appeared to warrant a reversal of the advice given with respect to each of the new applicants in the above-cited antitrust letters.

We express no opinion, however, concerning the legality under the antitrust laws of the manner in which, or any .arrangements pursuant to which, the plants will be operated, should they differ from or extend beyond those matters specifically disclosed in the application.

Accordingly, from the information available to us at the present time we conclude that no antitrust hearing by the Nuclear Regulatory Commission will be required with respect to this application.

Sincerely yours, oe Sims Deputy Assistant Attorney General Antitrust Division

4 'W e ~

~P,g AEVI UNITED STATES 1p 0

~s NUCLEAR REGULATORY COMMISSION

+o WASHINGTON, D. C. 20555 Vl 9 h Oh

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OFFICE OF THE M arch 21, 1978 SECRETARY Director" Office of the Federal Register National Archives and Records Service Washington, D.C. 20403

Dear Sir:

Enclosed for publication in the Federal Register are an original and two certified copies of a document entitled:

NIAGARA MOHAHK POHER CORPORATION, ET AL.

Docket No. 50-410A NOTICE OF RECEIPT OF ADDITIONAL ANTITRUST INF01QIATION; TINE FOR SUBMISSION OF VIEWS ON ANTITRUST MATTERS Please publish on Monday, March 27, 1978.

This material is to be charged to requisition number 0-149.

Sincerely, Samuel,J. Chilk Secretary of the Commission

Enclosures:

Oriqinal and 2 certified copies bcc: Fa 'ty Public Affairs Branch Executive Legal Director Office of Congressional Affairs Office of the General Counsel SECv C&P. Branch

UNITED STATES NUCLEAR.REGULA%)RY COMMISSION DOCKET N0.,50-410-A NIAGARA MOHAWK POWER CORPORATION CENTRAL HUDSON GAS & ELECTRIC COMPANY LONG ISLAND LIGHTING COMPANY NEW YORK STATE ELECTRIC & GAS CORPORATION ROCHESTER GAS & ELECTRIC CORPORATION NOTICE OF RECEIPT OF ADDITIONAL ANTITRUST INFORMATION'IME FOR SUBMISSION OF VIEWS ON ANTITRUST bRTTERS Niagara Mohawk Power Corporation, pursuant to Section 103 of the Atomic Energy Act. of 1954, as amended, filed on June 15, 1972, information requested by the Attorney General'for Antitrust Review as required by 10 CFR Part 50, Appendix L. This information adds Central Hudson Gas & Electric Company, Long Island Lighting Company, New York State Electric & Gas Corporation, J

and Rochester Gas & EleCtric Corporation as owners of the Nine Mile Point Nuclear. Plant, Unit 2.

The information was filed by Niagara Mohawk Power Corporation, Central Hudson Gas & Electric Company, Long Island Lighting Company, New York'State

'I Electric & Gas Corporation, and Rochester Gas & Electric Corporation in connection with their application for a construction permit and operating license for the Nine Mile Point Nuclear Plant, Unit 2,, a boiling water reactor. The site for this plant is located on the shore of Lake Ontario in Oswego County, New York.

The original antitrust portion of the application gas subnitted on June 15, 1972, and notice of Receipt of Application for Construction Permits and Facility Licenses and Availability of Applicants'nvironmental

'4 Report: Time for Subnission of Views on Antitrust Matters was published in the FEDERAL REGISTER on July 14, 1972 (37 F.R. 13816). The Notice of Hearing was also published in the FEDERAL REGISTER on September 23, 1972 (37 F.R. 20089).

Copies of the above stated documents are available for public inspection at the Conmission's Public Document Room, 1717 H Street, N. W., Washington, D. C. 20555, and at the Oswego County Office Building, 46 E. Bridge Street, Oswego, New York 13126.

Information in connection with the antitiust review of this application can be obtained by writing to the U.S. Nuclear Regulatory Commission, Washington, D. C. 20555, Attention: Antitrust and Indemnity Group, Office of Nuclear Reactor Regulation.

Any person who wishes to have his views on the antitrust matters with respect to the Central Hudson Gas & Electric Company, Long Island Lighting Company, New York State Electric & Gas Corporation, and Rochester Gas &

Electric Corporation presented to the Attorney General for consideration should subnit such views to the U.S. Nuclear Regulatory Comnissionon or before May 26, 1978.

Dated at Bethesda, Maryland, this 13th day of March 1978.

FOR THE 'NUCLEAR REGULA%)RY COMMISSION Carl Stahle, Acting Chief Light Water Reactors Branch 4 Division of Project Management*

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y.8 ~~CyC UNITED STATES Op Wp 0 NI~EAR REGULATORY COMMISSIO c WASHINGTON, D, C. 20555 I. O

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August 2, 1978 OFFICE OF THE SECRETARY Director Office of the Federal Register National Archives and Records Service Washington, D. C.. 20403

Dear Sir:

Enclosed for publication in the Federal Register are an original and two certified copies of a document entitled:

NIAGARA MOHAWK POWER CORPORATION, ET AL.

Docket No, 50-410A NOTXCE OF RECEIPT OF ATTORNEY GENERAL'S ADVXCE'AND TIME FOR FILING PETXTIONS TO XFZERVENE ON ANTITRUST MATTERS Please publish on Friday, August 4, 1978.

This material is to be charged to r'equisition 'number D-149.

Sincerely, Samuel J. Chilk Secretary of the Commission

Enclosures:

Original and 2 certified copies bcc: Reco s 't ranch Ofiice of Public Affairs Executive Legal Director of Congressional Affairs

'ffice Office of the General Counsel SECY CSR Branch

7590-01 I

NUCLEAR REGULATORY COMMISSXON DOCKET NO. 50-410A NIAGARA MOWHAWK POWER CORPORATION LONG ISLAND LIGHTXNG COMPANY NEW YORK STATE ELECTRIC & GAS CORPORATION ROCHESTER GAS & ELECTRIC CORPORATION CENTRAL HUSDON GAS & ELECTRIC CORPORATION NOTICE OF RECEIPT OF ATTORNEY GENERAL'S ADVICE AND TIME FOR FILING OF PETXTIONS TO INTERVENE ON ANTXTRUST MATTERS The Commission has received, pursuant to section 105c of the Atomic Energy Act of 1954, as amended, the following additional advice from the Attorney General of the United States, dated July 26, 1978, with respect to a construction permit appli-cation for Nine Mile Point Nuclear Station, Unit No. 2:

"You have requested our advice pursuant to Section 105 of the Atomic Energy Act, as amended, in regard to the revised application by Niagara Mowhawk Power Corporation, Long Island Lighting Company, New York State Electric &

Gas Corporation, Rochester Gas & Electric Corporation and Central Hudson Gas & Electric Corporation to construct the Nine Mile Point, Nuclear Station, Unit No. 2.

"Xn 1972 the Department of Justice reviewed the original application for the Nine Mile Point Nuclear Station, Unit 2 submitted by Niagara Mowhawk P'ower Corporation (Niagara Mowhawk). On December 19, 1972,

we informed your predecessor Commission that the activities proposed under that application would not create or maintain a situation inconsistent with the antitrust laws. On September 22, 1975, Niagara Mowhawk entered into a Basic Agreement with Long Xsland Lighting Company (LXLCO), New York State Electric a Gas Corporation (New York State), Rochester Gas 6 Electric Corporation (RGGE) and Central Hudson Gas G Electric Corporation (Central Hudson), to build, own and operate the Nine Mile Point Nuclear Station, Unit 2 on a joint basis.

Each participant's share of the expenses and energy output is as follows:

Niagara Mowhawk 41%

LXLCO 18%

New York State 18%

RGGE 14%

Central Hudson 9%

"Nine Mile Point Nuclear Station, Unit 2 is proposed to be built on a site on the southeast, shore of Lake Ontario, in Osweqo Countv, New York. This location is presently the site of Niaqara Mowhawk's existinq nuclear generating facility, Nine Mile Point Nuclear Station, Unit 1. The latest cost estimates (not including allowances for funds used during construction) for the completion of the facility are as follows:

Total nuclear production plant costs $ 1,018,335,000 Transmission, distribution and general plant costs 7,559,000 Nuclear fuel inventory costs for first core 71,474,000 TOTAL ESTXMATED COSTS $ li097J368J 000 "This facility will be capable of generating 1100 MW of power and is scheduled to be in service in November, 1982.

M'0 "Each of the new applicants has been the subject, of prior antitrust advice letters written by the Department.

On April 22, 1976, we rendered antitrust advice on an application by Central Hudson to participate in the Sterling Power Project, Nuclear Unit No. 1. On January 7, 1975, we rendered antitrust advice on an application by LILCO to construct. the Jamesport Nuclear Power Station, Units 1 and 2. RG&E was the subject of antitrust advice letters of December 27, 1974, and April 22, 1976 on an application to construct the Sterling Power Project, Nuclear Unit No. 1. Most recently, on January 26, 1978, we rendered antitrust advice concerning New York State with respect to its applications to participate in the Jamesport Nuclear Power Station, Units 1 and 2.

We also rendered antitrust advice on December 27, 1974, on New York State's application to construct the Somerset Nuclear Station, Units 1 and 2.

"In each of the above-referenced antitrust advice letters we advised of our conclusion that the activities under the licenses applied for would not create or maintain a situation inconsistent with the antitrust laws.

"Since the last antitrust advice letters were written for each of the new applicants only LILCO has had a change in its operations which merit notation.

"In April, 1978, the Greenport New York Municipal Electric System, which until that time had been isolated, interconnected with LILCO. The Greenport system has a peak of about 3 MW.'n addition, Greenport, as well as Freeport and Rockville Centre, the only two other comparatively small municipal utilities in LILCO's service area, have obtained commitments from the Power Authority of the State of New York (PASNY) to supply their bulk power needs. LILCO, as well as other investor-owned utilities in the State of New York, have agreed to transmit that power from the PASNY transmission system to the three municipal systems.

E" v v "After examination of the current applications and review of the relevant data, we have concluded that no intervening circumstances have appeared to warrant a reversal of the advice given with respect to each of the new applicants in the above-cited antitrust letters.

"We express no opinion, however, concerning the legality under the antitrust laws of the manner in which, or any arrangements pursuant to which, the plants will be operated, should they differ from or extend beyond those matters specifically disclosed in the application.

"Accordingly, from the information available to us at the present time we conclude that no antitrust by the Nuclear Regulatory Commission will be 'earing required with respect to this application."

Any person whose interest may be affected by this proceeding may, pursuant to section 2.714 of the Commission's "Rules of Practice," 10 CFR Part 2, file a petition for leave to intervene and request a hearing on the antitrust aspects of the application. Petitions for leave to intervene and requests for hearing shall be filed by September 3, 1978, either (1) by delivery to the NRC Docketing and Service Section at 1717 H Street, NW, Washington, DC or (2) by mail or telegram addressed to the Secretary , U.S. Nuclear Regulatory Commission, Washington, DC 20555, ATTN: Docketing and Service Section.

FOR THE NUCLEAR REGULATORY CONNISSION

" Argil Toalston, Acting Chief Antitrust, and Indemnity Group Office of Nuclear Reactor Regulation

~ ~ ~

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NOTICES 12769 1 245.405(e), the National Aeronautics the determination of the Chairman Foundation announces the following and Space Administration announces published In the FEIIERAL REotsTER meeting:

I its intention to grant to the Japan En- March 17, 1977, these sessions will be Name: College Programs Subcommittee of k

gineering Development Co., Tokyo, closed to the pnblic pursuant to sub- thc Advisory Committee for Science Edu-Japan. a limited, exclusive patent li- sections (c) (4), (6) and 9(b) of section cation.

cense In Japan for the three NASA- 552b of Title 5, United States Code. Date and Time: April 23, 1978-10 a.rtt, owned invcnt to[IR, <ovpred bv LILc Japa. Further Information with reference Place: Room 608, IJ)ttye~ttv'f Colorado, nese counterparts of; (1) g.S, Appttca- to this meeting can be obtained from 100 14th Street, DrnVgr, gytp, tlon Serial No. 'l79,883 fog 'Oxygen Mr. John H. Clark. Advisory Commit Type of Meeting. Open, Post-Treatment of Plastic Surfaces," tee Management Officer, National En- Contact Person: Dr. Terence Porter, Deputy filed by NASA on March 21, 1977; (2) dowment for,~the Arts, Washington, Division Director, Division of Science Edu-U.S. Application Serial No. 'l97,217 for D.C. 20506, or call 202-634-60'l0. 'ation Resources Improvement. National Science Foundation, Washington, D.C.

"Abrasion Resistant Coatings for Plas- JoHN H. CLARK, 20550, telephone 202-282-7786.

tic Surfaces," filed by NASA on May Dfrcctor, Office of Council and Purpose of Subcommittee: To assist the As-16, 1977; and (3) U.S. Application Panel Operations, National sistant Director for Science Education re-Serial No. 820,499 for "Production of Endotcmcnt for the Arts. garding the Office of Audit and Over-Crystals From Molten Solutions," filed MARcH 20, 1978.

sight,'s requirement to assess system per-by NASA on July 29, 19'l7. Copies of formancer j';. the above U.S. Patent Applications [FR Doc. 78-'l935 Flied 3-24-'ls: 8:45 aml Agenda: Development of a work plan for the can be purchased from the National subcommittee in addressing a review and assessment of the purpose, composition,,

Technical Information Services, functions and accotnplishments of certain Springfield, Va.. 22161, at a cost of [7555-01] science education programs.

$ 3.75 a copy. Interested parties should NATIONALSCIENCE FOUNDATION Summary Minutes: May be obtained from submit written inquiries or comments Lhe Committee Management Coordinator, within 60 days to the Assistant Gen- ADVISORY COMMITTEE FOR PHYSICS SUB- Division of Financial and Administrative eral Counsel for Patent Matters, Code COMMITTEE ON JOB-RELATED ISSUES Management, Room 248, National Science GP-4, National Aeronautics and Space Foundation, Washington, D.C. 20550.

XAdministration, Washington. D.C. Open Moetinp M. REBECCA WINKLER, I'0546. In accordance with the Federal Advi- Commfttee Management Dated: March 21. 1978. sory Committee Act. as amended, Pub. Coordinator.

L.92-463, the National Science Foun- MARcH 22, 1978.

9 GERALD J. MossINCHDFF, dation announces the following meet-Acting General CounscL [FR Doc. 'I8-7964 Filed 3-24-78: 8:45 am]

Ing:

[FR Doc. 78-7912 Filed 3-24-78; 8:45 am) Name: Advisory Committee for Physics- 4 Subcommittee on Job.Related Issues, [7590-01]

Date and Time: April 14 and 15, 1978; 9 a.m.

,"'I

[7537-01] to 5 p.m. each day. NUCLEAR REGULATORY, NATIONALFOUNDATION ON THE Place: Room 114, East Bridge, California In- 'OMMISSION stitute of Technology, Pasadena, Calif.

ARTS AND THE HUMANITIES 91125. [Docket No. 50-410-A)

-"A Type of Meeting. Open.

ARTISTS-IN-SCHOOLS ADVISORY PANEL Contact Person: Dr. Laura P. I)autz, Execu. NIAGARA MOHAYlKPOWER CO., ET AL Live Secretary, Advisory Cotntnlttcc for p Notice of Meetinp Physics, Division of Physics. Room 341, Receipt of Additional Antitrust Information; 4'ursuant to Section 10(a)(2) of the National Science Foundation, Washing-ton, P.C. 20550, telephone 202-632-4175.

Time for Submission of Views on Antitrust Motters t>f Federal Advisory Committee Act (Pub. Purpose of Subcommittee: To analyze issues L 92-463) as amended, notice is

~

related Lo employment opportunities In Niagara Mohawk Power Corp., pur-v, hereby given that a meeting of the Physics, with special reference Lo those suant to Section 103 of the Atomic

'.; Artists-ln.Schools Advisory Panel to for young physiclsts. Energy Act of 1954, as amended, flied

'p, thc National Council on the Arts will Agenda: Continued discussion of hsues and on June 15, 1972, information request

,

.F',take place April 10, 1978, from 9:30 options regarding Job opportunities for ed by the Attorney General for Anti-

'ur a.m.-S p.m.: April 11, 1978, from 9:30 young physicisis. trust Review as required by 10 CFR

.', a.m.-5 p.m.: and April 12, 1978, from Summary Minutes: May be obtained from Part, 50, Appendix L. ThLs information the Committee Management Coordinator, 'adds

,I) 9:30 a.m.-l2:30 p.m. In Room 1422 of Central Hudson Gas 6t: Electric g'Lhe Columbia Plaza Office 13uilding,

~'401 E Street, NW., Washington, D.C.

Division of Financial and Administrative Management. Rootn 248, Natlonrsl Science 'o., Long Island Lighting Co.. New Foundation, Washington. D.C. 20550. York State Electric lL: Gas Corp., and IT'I 20506. Rochester Gas &: Electric Corp. as A portion of this meeting will be M. REBECCA WINKLER, owners of the Nine Mlle Point Nuclear open to the public on April 10. 1970, Committee ltfanagement Plant, Unit 2.

from 9530 a.m.-5 p.m. and April 1978. from 9:30 a.m.-5 p.m. Thc topics ll, MARcH 22, 1978.

Coordinator. The information was filed by Niag-ara Mohawk Power Corp., Central of discussion will be policy and guide- Hudson Gas 6z Electric Co., Long lines. [FR Doc. 'lg-'7965 Flied 3-24-78; 8:45 am) Island Lighting Co., New York State The remaining sessions of this meet- Electric R Gas Corp., and Rochester Ing on April 12, 1978, from 9:30 a.m.- [7555-01] Gas 6z Electric Corp. In connection 12:30 p.m., are for the purpose of with their application for a construc-

.

,.Panel review, discussion, evaluation, COLLEGE PROGRAMS SUBCOhIMITTEE OF THE tion permit and operating license for

'and recommendation on applications ADVISORY COhtMITTEE FOR SCIENCE EDU- thc Nine Mlle Point Nuclear Plant, t~. for financial assistance under t,he Na- Unit 2, a boiling water reactor. The

'.

CATION

) 4 [tonal Foundation on the Arts and thc site for this plant ts located on the

',Humanities Act of 1965, as amended, Notice of Meeting shore of Lake Ontario ln Oswego

~ Including discussion of information In accordance with the Federal Ad- County, N.Y.

's" given In confkiencc to thc agency by visory Committee Act, Pub. L.92-463, The original antitrust portion of the

," grant applicants. In accordance with as amended, the National Science application was submit,tcd on June 15, FEDERAL REGISTER, VOL. 43, NO. 59 MONDAY, MARCH 2T, 1978

jl 127't t

NOTICES Ng -ri. ~, .'.4;$

%v rp 1972, and'notice of Receipt of Applica- [3190-01] executive advisory committee "is to be.-f, tion for Construction Permlls and Fa.

cility Licenses and Availability of Ap. OFFICE OF pllcants'nvironmental Report: Time for Submission of Views on Antitrust

~ SPECIAL. REPRESEN-TATIVE FOR TRADE NEGOTIA-

~ undertaken, with 'the" presumption;v>'hat,all committees,'should .be, abol-g@<

ished except those (1) for which theres-~,

TIONS is a compelling peed;,(r'I) y:hlc]) have a.~<,

Matters was published in the FEDERAL truly balanced ))Iejyl".pe))jp; Itnd (3)>>"..

REGIsTER on July 14, 1972'37 FR NON-RUSBER FOOI'WEAR which cOnduCt t])gj) bII5)ness, as; >

13816). The Notice of Hearing was also, pub)ished in the FEDERAL RzctsTER o' The, following letter, concerning ad. openly as posslb)0, 'DDTISIStent with the')'~,

September 23; 1972 (37 FR 20089). mlnistratloII of the orderly marketing law and their mandate. Based on'this%~>

Copies of the above stated docu. agreement'with the Republic of China review, a determination is to be to continue," merge, 'terml t~s-.

made'+.'.Ir,'hether

, ments are available for public inspec- on non.rubber footwear, has been sent tion at the Commission's Public Docu- to'the Commissioner'of Customs: nate, or revise responsibilities of each;<.

ment Room, 1717 H Street NW., Hon. RGBERT Cstnsr~q advisory committee.'The STR is re-'>w'uired Washington, D.C. 20555, and at, the CommissfonorU.S. Cuslonss Service. to submit a report on the re-Oswego County Office Building. 46 E. Department of the Treasuryl Tgashinplon. of this review to the Office of>> ",'ults Bridge Street, Oswego, N.Y. 13126. D.C. 20229. Management and Budget'by April '1; Information in connection with the h(ARC)t 20, 1978. 1978.

DEAR h(R. CQMMIsstotrER: Thc Govern. The Trade Act of 1974 required es-'.","

antitrust review of this application can mont of the Republic of be obtained by writing to the U.S. Nu. cd that the restraint China hns request levels applicable tablishment of an Advisory Committee s, clear Regulatory Commission. Wash- during the first restraint year to categories Trade Negotiations to. provideg'- 'o Ington. D.C. 20555, Attention: Anti- Ti T2, and T3 of the Untted Sttstes.Repub-

~

overall advice on certain trade agree-5j trust and Indemnity Group, Office of lic of China orderly marketing agreement ments referred to'in the Trade Act (19 2. I Nuclear Reactor Regulation. on non rubber'ootwear (corresponding to U.S.C. 2255.) The Committee Is corn Any person who wishes to have his category nos. 923.90, 923.91, and 923.92 of posed of 45 individuals drawn. from',',

views on the antitrust matters witlt re- bc the Tart(f Schedules of the United States) increased by six percent. For each cate. government, labor, industry, agricul-;),

spect to the Central Hudson Gas ds rory, tho quantity by which the restraint ture, small business, service industries,%.

Electric Co., Long Island Lighting Co., Icvcl Is increased for the first restraint year consumer interests, and 'the-"~

Nev'ork State Electric 8c Gas Corp., Is Io be subtracted from the restraint level

'e general public. Members of the Com-r r and Rochester Gas &: Electric Corp. for the second rostrntnt year. Such a re- mittee are appointed by the President, presented to the Attorney General for quest. Rnd UrL compliance with II. Is In Ac- for a period of 2 years and may be.,".

consfdcratlon should submit such cordance with the terms of the orderly mar.

kcting agreement. reappolnted for additional periods.

views to the U.S. Nuclear Regulatory Accordingly, pursuant The Committee 'is chaired .by CommL(sion on or before May 26, 1978. graph (8) of ProcIRmatlontoNo. operative para-4510, of June Representative for Trade the'v'pecial DR(cd at Bethesda, Md., this 13th 22, 1977. you are hereby requested to hs. and meets at his request..i Ne--'otiations day of March 1978. crease the first-year restraint level Rppllca.

ble Io non.rubber footwear imports entering The STR is authorized to make avail-

For the Nuclear Regulatory Com. smdcr TSUS Item nos. 923.90, 923.9) 'nd ~

able to the Committee such staff, in- "'

mission. 923.92 by six percent, And to dccrcasc the formation, personnel, and administra-,

CARL STABLE, restraint Icvcls applicable Io,each of those tive services and Itssistance as it may "

Acting Clsief, Light Water Rcac. TSUS catcgo'rtes In the second restraint reasonably require to carry out its ac-year by the same amount by, which the cate.

lors Branch 4, Division of Pro. gory was increased for the first restrsrlnt tivities.

feet Managcmcn4 year. The Committee provides advice to, (FR Doc. 78-7'l30 Filed 3-24-'l8: 8:45 Rm) Ttsts letter wIII be published in.,the PEBER. the President, the Congress, and to AL REOIsTER and the action will become ef-fective on the first working day after publi ~

~ U.S. negotiators on the Multilateral-'.'rade cation. Negotiations presently under- i'.

[7590-01] SInccrely. T way in Geneva. Public access;to meet "

TIONSS ROBERT S. STRAUSS. lngs of the Committee has".been re-t ADVISORY COMMPrtEE Ott REACTOR SAFE RICHARD R. RIVERs, ~

strictcd .. pursuant to .r 5 U.S.C. I GUARDS, SU2COMMITTEE ON REGULATORY 552b(c)(1), since disclosure of informa-ACTIVITIES General Counsc4 (PR Doc. 78-7901 Piled'g-24-78: 8:45 Rm) tion discussed in such meetings could" seriously*harm U.S. foreign policy in-'"

Addt'.Ion to ASsndo terests.

[3190-01] The Committee shall terminate as The agenda for the April 5, 1978 soon as practical after January 3, 1980.

meelirg of the ACRO Subcommittee OFFICE OF TIIE SPECIAL REPPESDJ- upon submission, of reports required>>

on Regulatory Activities, announced in the I'EDERAL REGIsTER on March 21, TATIVE FOR TRADE NEGOTIA- under Section 135(e)(2) of the Trade',

has been changed to add the following Act of 1974.

item: Comments. or requests for further A. (3) Regtllatory Guide 1.68, Rcvi. ADVISORY COIAMTTTEE FOR TRADE information, should be directed to sion 2, "Initial Test Programs for tlKGOYIATIONS O. Bonanno, Executive Direc- 'hyllis Water Cooled Nuclear Power Plant.s." Roqrssst for Coorroorts on Annvol Rsvisw tor for the Advisory Committee for.'.

All other matters pertaining to this Trade Negotiations, 1800 G Streer-meeting remain the same as state

JGHN C. HoYLE, duct, an annual review of the Advisory Executive Secretary, Advisory Ad visory Comm((lee Conmtittce for Trade Negotiations Committee for Trade Negotfa-Management Qfficer. (thc Committee). By order of the  ; tiontL (FR Doc. 78-8043 Fltcd 3-24-78':45 r m) PresMcnt. a zero based review of every (g Doc. 78-7914 Piled 3-24-78; 8:45 am)

FEDERAL REGISTER, VOl. 4:I, NO. $9 MO 'DAY, MARCH 21, )978

. 3

< .. TlSTRXBUTXON1 DOCKET NRC PDR Local PDR LWR-4 HSmith JRutberg, ELD Docket No. 50-410-A ~~~ ~3 1978 JSaltzman, AXG NDube, MXPC CMiles, OPA BBordenick, ELD JNorris, DSE Niagara Hohawk Power Corporation BKane Attn: Nr. Gerald K. Rhode "

MService Vice President Engineering ACRS (16) 300 Erie Soulevard 0/est Syracuse, New York 13202 J R. Buchanan, NSIC

~

r T.B. Abernathy, TIC Gentlem n: J.Yore, ASLBP

SUBJECT:

NINE MILE POX 2 ANTITRUST NOTICE hy letter dated February 6, 1978, you trmamtted an application for a~da~t to Construction Permit No. CPPR-112 for the Nine Mile Point Nuclear Station, Unit 2. This application contained general and financial-information sukmitted in accordance with 10 CtpR 550.33 and "Information Requested by the Attorney General for Antitrust Reviw7" submitted in accordance with 10 CPR Part 50, Appendix L, to include Central Hudson Gas 8 Electric Corporation, Long Island Lighting Company, New York State Electric & Gas Corporation and Rochester Gas and Electric Corporation as co-earners.

Enclose is a =related antitrust notice concerning this matter=which has been forwarded to the Office of the Federal Register for publication.

A similar notice has also been prepared and forwarded to the following trade journals and newspapers for publication as soon as possible: Public Power, Electric Li ht and lower, Rural Electrification, Public Utilities Sincerely, Original signed bye Oe Stahle Steven A. Varga, Chief Light Water Reactors Branch 4 Division of Project Management

Enclosures:

1. P.R. Notice ccs w/encl:

See next page LWR- LII -4 AIG Qfg 0 OEL LNR- 4 OPPICC~

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Niagara Mohawk Power Corporation ccs:

Arvin E. Upton, Esq.

LeBoeuf; Lamb, Leiby 5 MacRae 1757 N Street, N. W.

Washington, D. C. 20036 Anthony Z. Roisman, Esq.

Natural Resources Defense Council 917 15th Street, N. W.

Washington, D . C . 20005 Mr. Richard Goldsmith Syracuse Uni versi ty College of Law E. I. White Hall Campus Syracuse, New York 13210 T. K. DeBoer, Director Technological Development Programs New York State Energy Office Swan Street Building Core 1 - 2nd Floor Empire State Plaza Albany, New York 12223 U.S. Environmental Protection Agency Region II Office ATTN: EIS Coordinator 26 Federal Plaza New York, New York 10007 Staff Coordinator New York State Atomic Energy Council New York State Depatment of Commerce 99 Washington Street Albany, New York 12210 Mr. Alvin L. Krakau Chairman, County Legislature County Office Building 46 Fast Bridge Street Oswego, New York 13126 Mr. Robert P. Jones Supervisor Town of Scriba R.D. 84 Oswego, New York 13126

UNITED STATES NUCLEAR REGUIAK)RY COMMISSION DOCKET NO. 50-410-A NIAGARA MOHAWK POWER CORPORATION CEN'QRL HUDSON GAS & ELECTfGC COMPANY LONG ISLAND LIGHTING COMPANY NEW YORK STATE ELECTRIC & GAS CORPORATION ROCHESTER GAS & ELECTRIC CORPORATION NOTICE OF RECEIPT OF ADDITIONALANTITRUST INFORMATION; TIME FOR SUBMISSION OF VIEWS ON ANTITRUST MATTERS Niagara Mohawk Power Corporation, pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, filed on June 15, 1972, information requested by the Attorney General for Antitrust Review as required by 10 CFR Part 50, Appendix L. This information adds Central Hudson Gas & Electric Company, Long Island Lighting Company, New York State Electric & Gas Corporation, and Rochester Gas & Electric Corporation as owners of the Nine Mile Point Nuclear Plant, Unit 2.

The information was filed by Niagara Mohawk Power Corporation, Central Hudson Gas & Electric Company, Long Island Lighting Company, New York State Electric & Gas Corporation, and Rochester Gas & Electric Corporation in connection with their application for a construction permit and operating license for the Nine Mile Point Nuclear Plant, Unit 2, a boiling water reactor. The site for this plant is located on the shore of Lake Ontario in Oswego'County, New York.

The original antitrust portion of the application was subnitted 'on June 15, 1972, and notice of Receipt of Application for Construction Permits and Facility Licenses and Availability of Applicants'nvironmental

0 Report: Time for Submission of Views on Antitrust Matters was published

'n the FEDERAL REGISTER on July 14, 1972 (37 F.R. 13816). The Notice of Hearing was also published in the FEDERAL REGISTER on September 23, 1972 (37 F.R. 20089).

Copies of the above stated documents are available for public inspection at the Comnission's Public Document Room, 1717 H Street, N. W., Washington, D. C. 20555, and at the Oswego County Office Building, 46 E. Bridge Street, Oswego, New York 13126.

Information in connection with the antitrust review of this application can be obtained by writing to the U.S. Nuclear Regulatory Comnission, Washington, D. C. 20555, Attention: Antitrust and Indemnity Group, Office of Nuclear Reactor Regulation.

Any person who wishes to have his views on the antitrust matters with respect to the Central Hudson Gas & Electric Company, Long Island Lighting'ompany, New York State Electric & Gas Corporation, and Rochester Gas &

Electric Corporation presented to the Attorney General for consideration should suhnit such views to the U.S. Nuclear Regulatory Comnission on or before May 26, 1978.

Dated at Bethesda, Maryland, this 13th day of March 1978.

FOR THE NUCLEAR REGULAK)RY COMMISSION Carl Stahle, Acting Chief Light Water Reactors Branch 4 Division of Project Management

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UNITED STATES NUCLEAR REGUIAlQRY CQNISSHN DOCKET NO. 50-410-A NIAGARA HOHEHK PQKR CORPORATION CENTRAL HEST GAS 6 ELECTRIC CQ'1PANY UX'G ISIAVD LIGHTING CO.'1PA1&

NEW YORK STATE ELECTRIC 6 GM CORPORATION ROCHESTER'AS & ELECTRIC CORPORATION NOTICE OF RECEIPT OF ADDITIONALANTITRUST INFORIATION; TI1% FOR SU1HISSION OF VXWS ON ANTITRUST tlATTERS Niagara Mohawk Power Corporation, pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, filed on June 15, 1972, information requested by the Attorney General for Antitrust Review as rec1uired by 10 CFR Part 50, A~ndix L. This information adds Central Hudson Gas 6 Electric Company, Long Island Lighting Comoany, New York State Electric & Gas Corporation, and Rochester Gas 6 Electric Corporation as owners of the Nine Nile Point Nuclear Plant, Unit 2.

The information was filed by Niagara Mohawk Power Corporation, Central Hudson Gas & Electric Company, Long Island Lighting Company, New York State Electric & Gas Corporation, and Rochester Gas S Electric Corporation in connection with their application 'for a construction permit and operating .,

license for the Nine Nile Point, Nuclear Plant, Unit 2, a boiling water reactor. The site for this plant is located on the shore of lake Ontario in Oswego County, New York.

The original antitrust portion of the application was suhnitted on June 15, 1972, and notice of Receipt of Application for Construction Permits and Facility Licenses and Availability'fApplicants'nvironmental OPPICC~ ELD OELD LWR- 4 0 IIR N A M C W M CE S, zman BBaxdauj,ck JRutbe g SVarga OATC~

3 78 '78 3/ /78 3/ g/78 3/ /78 3/ /78 NRC FORM 818 (9-76) NRCh1 0240 U 0 OOVCRNMCNT PRINTINO OPPICCI 1070 020 020

8 Report: Time for Submission of Views on Antitrust platters was published in the FEDERAL REGISTER on July 14, 1972 (37 F.R. 13816). The Notice of Hearing was also published in the FEDERAL REGISTER on September 23, 1972 (37 P.R. 20089).

Copies of the above stated documents are available for public inspection at the Comission's Public Document Room, 1717 H Street, N. W., Washington, D. C. 20S5S, and at the Oswego County Office Building, 46 E. Bridge Street, Oswego, New York 13126.

Information in connection with the antitrust review of this 'application can be obtained by writing to the U.S. Nuclear Regulatory Commission,

\

Washington, D. C. 20555, Attention: Antitrust and Indemnity Group, Office of Nuclear Reactor Regulation.

Any person who wishes to have his views on the antitrust matters with respect to the Central Hudson Gas 6 Electric Company, Long Island Lighting Company, New York State Electric 6 Gas Corporation, and Rochester Gas &

Electric Corporation presented to the Attorney General for consideration should suhnit such views to the U.S. Nuclear Regulatory Commission on or before l4ay 26, 1978.

Dated at Bethesda, Harylandr this 13th day of March 1978.

FOR THE NUCLEAR REGULATORY COiiflifISSION Carl Stahle, Acting Chief Light Water Reactors Branch 4 Division of 'Project ffanagement orricd~

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UNITED STATES NUCLEAR REGULA%)RY EMISSION h

DOCKET 'NO. 50-410-A NIAGARA HOHANK PCNER COBPOBAZICNa CENTRAL HUDSON GAS & ELECTRXC COMPANY LDNG ISLAND LIGHTING GMPANY NEC YORK STATE ELECTRIC & GAS CORPOBATICM ROCHESTER GAS & ELECTRIC CORPORATION NOTICE OF RECEIPT OF ADDITIG%K ANTITRUST INFORMATION; TINE FOR SUE4ISSION OF VIE<5 ON ANTXTRUST MATTERS Niagara t<ohawk Power Corporation, pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, filed on June 15, 1972, information requested by the Attorney General for Antitrust Review as required by 10 CFg Part 50, f

Appendix L. This information adds Central Hudson Gas & Electric Company, Long Island Lighting Company, New York State Electric & Gas Corporation, and Rochester Gas & Electric Corporation as owners of the Nine Nile Point Nuclear Plant, Unit 2.

The information was filed by Niagara Hohawk Power Corporation, Central Hudson Gas & Electric Company, Lory Island Lighting Company, .New York State Electric & Gas Corporation, and- Rochester Gas & Electric Corporation in connection with their application for a construction permit and operating license for the Nine Nile Point Nuclear'lant, Unit 2, a boiling water reactor. The site for this"plant is located on the shore of Lake Ontario in Oswego County, New York.

The-:original antitrust portion of the application was submitted on June 15, 1972, and notice of Receipt of Application for Construction Permits and Facility Licenses and Availability of Applicants'nvironmental OPPICS~

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Report: Time for Subnission of Views on Antitrust Matters was published in the FEDERAL REGISTER on July 14, 1972 (37 F.R. 13816). The Notice of Hearing was also published in the FEDERAL REGISTER on September 23, 1972 (37 F.R. 20089) ~

Copies of the above stated documents are 'available for public inspection at the Comission's Public Document Room, 1717 H Street, N. N.P Nashington,

'I D. C. 20555, and at the Oswego County Office Building, 46 E. Bridge Street, Oswego, New York 13126.

Information in connection with the. antitrust reView of this application can be obtained by writing to the U.S. Nuclear Regulatory Commission,,

%ashington, D. C. 20555, Attention: Antitrust and Indemnity Gioup, Office, of Nuclear Reactor Regulation.

OPPICS~

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S MAR 1 -

1978 Aistrihution:

HKane - LHR 4 JRuther g'nR Docket Ho. 50-410A LPnR Pocket Files&

AIG Subject Files AIG Reading Hr. Gerald t . Rhode Rect:lymonds Reading Vice Preswent, System Pioject management Niagara Mohawk Power Corporation 300 Erie Boulevard Nest Syracuse, N.Y. 13202

Dear ttr Rhode:

NINE NLE POINT NUCLEAR STATION, UNIT No; 2 He have reviewed the antitrust information submitted by Niagara Mohawk Power Corporation on behalf of the Central Hudson Gas 8 Electric Co., Long Island Lightin, Cc., New York State Electric 5 Gas Corp., and Rochester Gas 8 Electric Corp. for the captioned nuclear plant, and have found it to be satisfactory for acceptance. The. antitrust information was forwarded to the Department of'ustice on February 24, 19?8.

Sincer ely, Pg g.>. 7001Stou,

-

Argil Toalston, Chief Power Supply Analysis Section Antitrust t!2 Indemnity Group Nuclear Reactor Regulat'ion cc: Hr. Eugene B. Thomas, Jr..

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February 24, 1978 PDR LPDR ELD Reading fi1e ASLBP ASLAB JRutberg The Honorable Griffin B. Hell

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A/T fortoal file

,JSaltzman Attorney General Attention: Donald L. Flexner, Chief Energy Section Antitrust Division Department of Justice Re: Nfagara Nohawk Power Corporation

.Nine Nile Point Nuclear Station, Unit No. 2 NRC Docket No. 50-410A

Dear Nr. Bell:

On February 6, 1978, LeHoeuf, Lamb, Leiby 5 NacRae submitted on behalf of Niagara Nofiawk an amendment to include new participants Central Hudson Gas. 5 Electric Corporation, Long Island Lighting Company, New York State Electric 8 Gas Corporation, and Rochester Gas 5 Electric Corporation as co-owners of the Nine f)fle Point Unit 2 facility of Niagara thhawk Po<cer Corporation. This information has been accepted for the purpose of initiating the antitrust review pursuant to Section 105(c) of the Atomic Energy Act of 1954, as amended.

We are transmitting herewith two copies of information requested by the Attorney General for the Antitrust review, The material fs being transmitted to afford you an opportunity to render such advice to the Commission as you determine to be appropriate in regard to the finding to be made by the Commission pursuant to Section 105(c)(5) of the Act.

Sincerely, Howard K. Shapar

=Executive Legal Director Encl osur e;,

Information for Antitrust .

Review (2)

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P/d Docket No. 50-480 OCT 2 4 1975 Mr. Gerald K. Rhode Vice President Engineering.

Rochester Gas 6 Electric Corporation 300 Erie Boulevard West Syracuse, New York 13202

Dear Mr. Rhode:

NINE MILE POINT NO. 2 NUCLEAR STATION This is a follow-up of our June 23, 1975 letter to you advising of our requirements for antitrust information from other entities participating with you in the ownership of the captioned nuclear unit.

Please advise us of the status of the required Appendix L infoxmation for each participant,who has not already supplied such information.

Sincerely,

/Si 4, 2.. 'J VaLStOQJ Argil Toalston, Chief Power Supply Analysis Branch Office of Antitrust 6 Indemnity Nuclear Reactor Regulation Distribution:

Docket Files OAI Reading

~~M OAI Subject AToalston Reading RMClymonds JRutberg, ELD JSaltzman bl'RICS~ NRR: OAI :OAI E D SVRNAMSW ATo ls n cd tzm JRut DATS~ i',i::....,.. 10J 75 Form hEC.318 (Rdr. 9.$ 3) CM 0240 4 U, S, OOVSRNMSNT RRINTINO ORRICSI I07A d2d Idd

t JUN 2 3 1975 Gerald R. Rhode Vice President Engineering 300 Erie,Boulevard Nest Syracuse, New York 13202

Dear Hr. Rhode:

RE: NXNE MILE POINT NO.2 NUCLEAR STATION It has come to our attention that utilities locateQ in New York State plan to participate with you in the captioned nuclear facility. Pursuant to 550.80 and/or I50.90 of the Commission's Rules of Practice, as appropriate, any amendment.

of a license or construction permit or any transfer of a license must fully discuss the changes proposed and follow as far as applicable the form perscxibed for original appli-cations. Included with the material that must 5e submitted to effectuate either an amendment. or a transfer when new pax'ticipants are being added to a license or constxuction permit is the information recpxired in I50.33a of the Rules of Practice.

Xn order to expedite the processing of either an amendment or a transfer, it is suggested that the antitrust information for each new participant should be submitted to the Commission through you as the lead applicant..

To assist us in our scheduling, please advise when you expect such antitrust. information wi.ll be submitted.

~/s/A.I goalston Argi.l L. Toalston, Chief Poster Supply Analysis Branch Office of Antitrust 8 Indemnity Nuclear Reactor Regulation bcc: JSaltzman JRutberg Distribution:

AToalston Subject File Of fICE ~ N I NRR:ELD OVRHAMC~ gJ man JRutbe

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ATOMIC ENERGY COMMISSION hg g I e' WASHINGTON. D.C. 20545 eg ltlil5 III Director Seceiber ZL, 1972 Office of the Federal Register National Archives and,Records Service Washington, D. C>'0408

Dear Sir:

W Attached for publication in the Federal Register are an original and

.two certified copies of a document entitled:

HXAGARA KOHl8K PGMER CORMMHOH HOTXCE OP RQEGT OP N',NRMZ CKHQL'S ADVICE PHD TINE POR PIIaIHG OP P1MTXKfS TO XIEERVEHE OH QITXTRUST MVETERS Publication of the above document at the earliest possible date would be appreciated.

Sincerely, Paul C. Bender Secretary of the Commission

Enclosures:

Original and 2 certified copies 4 boo: 1fockek Clerk (Dlr. og Reg.)

Information Services.

Joseph Rutberg,(OGC)

Office of Congressional Relations Joseph J. -Saunders, Dept. of Justice Public Proceedings Staff (SECY)

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ATOMIC ENERGY COMMISSION DOCKET NO. 50-410A NIAGARA MOHAWK POWER CORPORATION NOTICE OF RECEIPT OF ATTORNEY GENERAL'S ADVICE AND TIME FOR FILING OF PETITIONS TO INTERVENE ON ANTITRUST MATTERS The Commission has received, pursuant to section 105c of the Atomic Energy Act of 1954, as amended, a letter of advice from the Attorney General. of the United States, dated December 19, 1972, a copy of which is attached as Appendix A.

Any person whose interest may be affected by this proceeding may, pursuant to section 2.714 of the Commission's "Rules of Practice," 10 CFR Part 2, file a petition for leave to intervene and request a hearing on the anti-trust aspects of the application. Petitions for leave to intervene and requests for hearing shall be filed within thirty (30) days after publication of this notice in the FEDERAL REGISTER, either (1) by delivery to the AEC Public Document Room at 1717 H Street, N. W., Washington, D. C., or (2) by mail or telegram addressed to the Secretary, U. S. Atomic Energy Commission, Washington, D. C., 20545, Attn: Chief, Public Proceedings Branch.

FOR THE ATOMIC ENERGY COMMISSION

/s/ Abraham Braltman Abraham Braitman, Chief Office of Antitrust 8 Indemnity Directorate og Licensing

December 19, 1972 APPENDIX "A" Niagara Mohawk Power CorPoration Nine Mile Point Nuclear Station Unit 2 AEC Docket No. 50-410A De artment of Justice File No. 60-415-53 You have requested our advice pursuant to the provisions of Section 105 of the Atomic Energy Act of 1954, as amended by P.L..91-560 (December 19, 1970), in regard to tne above cited application.

Xntroduction Niagara mohawk Power Corporation proposes to construct

a. nuclear generating facility with a capacity of 1,100 mega-watts on a 900 acre site on the southeast snore of Lake Ontario, in the town of Scriba, Oswego County, Mew York.

This location is presently the site of Niagara Yohawk's ex-isting nuclear generating facility, the Nine 8'ile Point Nuclear Station, Unit l. The total cost of the unit is estimated to be approximately $ 420,000,000= including first core nuclear fuel inventor'y costs and transmission, distribution and general plant costs. Construction of the Nine Nile Point, Nuclear Station Unit 2 is expected to be completed between January and June 1978 with commercial operation following shortly thereafter.

Tne At>alicant

'Niagara Mohawk Power Corporation is a privately owned utility which supplies electric powor to more than 1,250,000 customers, in 37 counties of upstate New York. its system'

covers more than 24,000 square miles and includes 31 cities and 639 towns and villages. The utility also markets natural .

gas to more than 410,000 customexs. In 1971 total system revenues were $ 571,382,000 of which $ 440,327,000 (77%) was derived from electric revenues.

The Applicant s most recent peak load was 4,551,000 kilowatts. Total dependable capacity at the time of this peak was 5,674,000 kilowatts comprised of 574,000 kilowatts from owned and leased hydx'o-electric facilities, 3,376,000 kilowatts of owned thermal capacity and 1,724,000 kilohatts of purchased capacity. The intex'nally generated capacity is produced at five steam stations (including the Nine Mile Point Nuclear Station Unit 1), 82 hydro stations and 20 combustion turbine and diesel units. Over the ten-year period from 1971-1981 Niagara Mohawk estimates that its load will increase 2,949,000 kilowatts yielding a total load of approximately 7,500,000 kilowatts. The capacity of the Mile Point Nuclear Unit Number 2 is part of the Com- 'ine pany's construction program intended to meet this additional load. 1/

Applicant's Coordination and Interconnections with Other Utilities Niagara Mohawk plans it's generation and transmission facilities as part of the New York Power Pool (NYPP) which

'encompasses virtually the entire State of New York. At present seven large investor-owned utilities and the Power Authority of the State of New York (PASNY) comprise the 1/ In 1972 Applicant will add 240 megawatts of generation from its share of the jointly-owned (with Consolidated Edison Company and Centxal Hudson Gas and Electric) Rose-ton No. 1 oil-fired unit. In 1973, the jointly-owned Roseton No. 2 Unit will provide an additional 240 mega-watts. Applicant will add 875 megawatts when its Oswego No.

5 .oil-fired plant comes'on line in 1974. Nine Mile Point Unit 2 with its 1,100 megawatt capacity is planned for 1978 and an as yet undesignated nuclear-fired unit of sim-ilar size is expected in 1981. During 1977 Niagaxa Mohawk will lose 120 megawatts of capacity from the Roseton facil-ity, as its share in that joint venture decreases. Through-out the period the Applicant will purchase power in varying amounts to meet its load requirements at any given point in time.

i4 membership of the New Yoz'k Power Pool. 2/ These eight pool members generated approximately 99.5% o7 the total electric generated in the state in 1967. The investor-owned 'nergy members of the pool supply the majority of the bulk power requirements of the five small investor-owned systems, one federal, and eleven municipal systems in the state. PASNY sells its power at wholesale to Niagara Mohawk and two other upstate members of the Pool, to 41 municipal and coopezatively-owned electric systems in New York, to one in Pennsylvania, to three industrial plants in Massena, to the Plattsburgh Air Force Base and the State of Vermont.

The Powez, Authority presently generates power at two sources, the St. Lawrence hydzoele'ctric project and the Niagara Falls hydroelectric project. Substantial amounts of the power produced at these facilities are sold to Niagara Mohawk 3/-

and the generating and transmission facilities of PASNY aze closely integrated, on a day-to-day basis, with those of three upstate utilities, including Niagara Mohawk.

In addition to these existing facilities, PASNY is presently constructing a nuclear plant with an expected output of approximately 820,000 kilowatts on property acquired from the Company adjacent to its Nine Mile Point site.', For purposes of off-site transmission, the plant is to be tied 'in with the Company's nearby switchyard, and the Applicant will reconstruct, at PASNY expense, a section of one of its.existing 115 kilowatt lines so as to provide a backup

'ource of station service power between the plants of PASNY and the Applicant. 3/hen the plant goes into opexation in

'973 Niagara Mohawk has contracted to provide operating and 2/ In addition to Niagara Mohawk and PASTY, the members of the New York Power Pool are Central Hudson Gas 'and Electric Corporation, Consolidated Edison Company of New Yor1<, Inc.,

Long Island Lighting Company, New York State Electric and Gas Corporation, Orange and Rockland Utilities Incoxporated, and Rochester Gas and Electric Coxpozation.

3/ The St. Lawrence hydroelectric project has 912,000 kilo-watts of installed capacity on the U.S. side of which PASNY is selling 115,000 kilowatts of firm capacity to the Company under a contract terminating in 1985. The Niagara Falls hydroelectric proj ect has '2,190,000 kilowatts of installed capacity of which Niagara Mohawk puxchases, up to 1,294,400 kilowatts of firm and peaking power and associated which'87,000 kilowatts is firm power with 137,000 kilo-energy'of watts of that withdrawable) under a contract terminating in 1990.

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maintenance personnel for the facility at cost. PASNY is also constructing the 1,000,000 kilowatt Blenheim-Gilboa pump storage hydroelectric generating station in Schoharie County, This facility is also scheduled for completion in 1973. Niagara Mohawk expects to contract on a long term basis for some of the capacity of both of these plants.

Although PASNY presently supplies power to only three members of the Pool, benefits of its peaking capacity are passed on to all of the state's utilities through the coordi-nated operations of the Pool. The purpose of the New York Power Pool is to coordinate the development and operation of the generation and transmission facilities of its members to obtain optimum reliability and efficiency of operation of their interconnected systems. To carry out these objectives the Pool's Planning Committee coordinates the planning of addi-tional generating capacity, the interconnecting of transmis>>

sion facilities, and the forecasting of future load require-ments, The Operating Committee establishes the rules and procedures to coordinate the operation of the pool, deter-mines cost standards, establishes coordinated maintenance schedules, and determines the reserve requirements and load relief of the Pool members. 4/

Niagara Mohawk, as well as other members of NYPP, is also a member of the Northeast Power Coordinating Council.

This agency, which includes in its membership the major utilities of New York and New England, as well as two Canadian utilities, was established for the purpose of pro-moting maximum reliability and efficiency of electric service by furthering inter-pool operations through coox'di-nation of system planning and operating procedures in the northeast. The Applicant is also a party to various agreements with other electric utilities which provide for thr receipt or delivery of emergency power, deficiency power ox'nit power or other coordinating arrangements.

A licant 's Competitors

1. Privatel -Cmed Utilities Niagaxa Mohawk is interconnected with the various large privately-owned utilities that have service areas adjoining 4/ For a more detailed survey of the New Yox'k Power Pool, see the FPC's 1970 National Powex'urvey, Part XX, pages XX-1-75-77.

its territory, and to some limited extent may compete with them for load growth, Except to the extent t:hat the Appli-cant exchanges limited amounts of energy with these ut:ili-ties, it does not presently supply pomex on a firm basis to any investor-omned utility. It has wheeled pomer to several large utilities to meet theix peak load requirements and may be expected to do so in the future.

As not:ed above, the Applicant is a paxty to a joint venture mith Consolidated Edison Company and Central Hudson Gas and Electric to construct and operate the tmo Roseton 600 megawatt oil-fixed generating units. Furthermore, the Applicant:, Rochest:ex Gas and Electric Corporation and New York State Electric and Gas Corporation are undertaking a study to determine the feasibility of jointly creating and operating a separate corporation t:o build and operat:e major generating plant installations. The study will determine mhether a separat:e company for pomer production mill best accommodate theix total new generating facility requirements by improving efficiency and economy and allowing lomer cost financing. It is proposed that ting company is created, it if t:his joint venture genera-mill take over const:ruction and operat:ion of the Nine Mile Point Nuclear Station's Unit: 2 as mell as the nem fossil-fuel unit:s under construction.

'Hith t:his single exception, no privately-owned electric utility has expressed an interest: in participating in the Nine Mile Point unit.

2. Munici al Electric S st:ems There are 27 municipal electric systems that distribute elect:xic power mithin or adjacent to Niagara Mohawk's service area who compete mith it fox retail loads and load growth.

Of these 27, the Applicant sells, at wholesale, all the bulk power requirements of the Villages of Brocton, Green Island, Holley and Richmondville. Niagara Mohamk does not sell bulk pomer t:o any of the ot:her systems. The City of Jamestown receives part of it:s bulk power supply from PASNY and generates the remainder. The City of Salamanca and 21 villages purchase all their bulk power requirement:s from PASNY. The Applicant>>pursuant to con-tracts with PASIK, provides most of the transmission neces>>

sary to receive, transmit and deliver the bulk power from PASNY to the t:mo cities and the villages.

None of the municipal systems omn or operate any high voltage txansmission capable of moving electxic power in

bulk. Consequently, for the most part, these systems have no reasonable economic alternative but to rely on Niagara Mohawk, whicn controls the high voltage transmission needed to wheel their power, for the delivery of bulk power.

Our investigation reveals that none of the municipal systems have advised tne Applicant of a desire to obtain ownership participation in the Nine Mile Point Nuclear Station.

Our investigation further reveals at least one situation which warrants further comment. As noted above, the City of Jamestown, New York, is the only municipal system in Niagara Mohawk's service area with appreciable generation facilities of its own. At present Jamestown is generating 45 megawatts at its Samuel A. Carlson Flectric Generating Station, a coal burning facility. To supplement this generation, James-town purchases an additional 15 megawatts of power from PASNY, and the City has requested that this total be increased to 21 megawatts in 1973. The PASNX power is delivered to Jamestown over two 115 kv transmission lines owned by Niagara Mohawk that extend from Dunkirk, New York, to an interconnec-tion point at Falconer, New York, where Jamestown's trans-formers step down the voltage to 13.8 kv, the system voltage for Jamestown.

The City's generating facility currently does not comply with the New York State particulate emission standards which must be met in 1974 if the plant is to remain in operation.

One of the alternatives being considered by the City is the phasing out of its own generating equipment and procuring all of its power requirements by purchases at wholesale. The two most logical sellers would be PASNY and Niagara Mohawk.

Of the two, PASNY would probably be the lower cost supplier, and the City has informally approached PASNY about the possi-bility of supplying the additional power. It has also made a preliminary approach to t'h e Applicant. Niagara Mohawk has indicated that It it does not have any power available until 1976.

also indicated that, if Jamestown could purchase all its bulk power needs from PASNY, the capacity of its existing transmission facilities may not allow wheeling of more than the 20 megawatts that Niagara Mohawk is currently obligated to deliver from PASNY to Jamestown..5/ The Company apparently is not interested in entering into a joint venture with Jamestown 5/ The wheeling contract between Niagara Mohawk and PASNY provides that, the Authority shall inform the Company at least annually of the estimated future load requirements (footnote continued)

for construction of a new high voltage transmission line between Dunkirk and Jamestown and is similarly disinclined to construct such a line on its own at this time.

As the situation currently stands, discussions between representatives of the City and of the Applicant are con-tinuing and the Applicant has not. foreclosed prospects of providing Jamestown witn tne necessary wheeling of PASNY power when and if power requirements.

the City determines to buy all its bulk Accordingly, it, is not possible to con-clude that a situation inconsistent with the antitrust las~s may presently exist. If the Applicant files any new appli-cation for a license under Section 103 of the Atomic Energy Act of 1954, as amended, careful further consideration would have to be given to Niagara Mohawk's future conduct. vis-a-vis the City of Jamestown in order to determine if a situation inconsistent with the antitrust laws will then be likely to exist.

Recommendation As heretofore noted, no other electric utility systems formally have requested participation in the proposed Nine Mile Point Nuclear Station Unit, No. 2. Furthermore, we have found no concrete evidence that Applicant has exercised or is exercising its control of nigh voltage transmission to 5/ footnote continued of the Authority and its customers for tne ensuing five-year period, and within ninety days thereafter the Company will inform PASNY whether or not it. will be able to deliver the power and energy to meet each load included in the estimate.

This provision seems to be the basis>> for Applicant's asser-tion that Jamestown.

it is obligated to deliver only 20 megawatts to It seems doubtful, however, that this contract can foreclose or prevent the delivery of PASNY power to Jamestown. The Niagara Power Project Act, 16 U.S.C. 836, which authorized tne construction and operation of the Niagara Falls hydroelectric project by PASNY, provides that public bodies and cooperatives will be given preference and priority to 500 of the power produced at the project, (5836(b)(1)). The Act also imposes 'an absolute obligation on the Power Authority to deliver that power 'either by wheel-ing agreement or by the purchase or construction of the neces-sary -transmission facilities. (5836(b) (4)).

the detriment of other utility systems in the area. Never-theless, in the instances outlined above questionable acti-vities seem to exist and may warrant further attention in the event of future license applications. At this time, however, there is no substantial reason to believe that the Commission's licensing of the requested nuclear unit would create or maintain a situation inconsistent with the anti-trust laws.. Accordingly, we conclude that the Commission need not conduct. an antitrust hearing with respect to the application.

0 fthfn thfrty (30}

days after publfcaNon of the notfce fn the Federal Regfster.

Sfncerely,

/st Abraham Braitman Abraham Braftnan, Chfof Offfce of Antftrust 8 Kndermfty Dfrectorate of Lfcensfng Enclosur e."

Attorney General's Advfce cc: Arvfn E. Upton, Esq.

LeBoeuf, Lao%, Lefbp~8 flacRae DISTRIBUTION:

Docket FH JYore, ASLB AEC PDR JHarris, PI Local PDR ari, L:OAI OFFICE > L-.GA.E-R-le-L Reading SURNAME >

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Docket No. 50-410A gg $ 972 Cong. Relations (2)

Docket Fil L Reading OAI Reading JRutberg, OGC ABraitman, OAI Nr. Edward J. Bauser, Executive D)rector Oo)nt Comm)ttee on Atomic Energy Congress of the Vn)ted States

Dear Hr. Bauser:

Th)s )s to Jnform the Joint Comm)ttee that the Commfss1on has received antitrust advice from the Attorney General $ n connect)on w)th Niagara Mohawk Power Corporation's construct)on permit app'i)cation for Nine fl)le Point Nuclear Station Vn)t 2, Th)s adv)ce

$ s rendet'ed pursuant to sect)on 1DSc of the Atom)c Energy Act of 1954, as amended.

A copy of the Attorney General's letter dated December 19, 19?2 $s enclosed. In h)s letter he concludes;

"... Furthermore, we have found no concrete evidence that Appl)cant has exercised or $ s exercfs)ng its control of, high voltage transmission to the detriment .of other ural)ty systems $ n the area. Heverthe'less, $ n the in-.

stances outlined above questionable act)v)t)es seem to ex)st and may warrant further attent)on $ n the event of future l)cense applicat)ons. At th)s tfme, however, there is no substantial reason to bel)eve that the Commission's lfcens)ng of the requested nuclear unit would create or ma$ nta$ n a situation )nconslstent with the antitrust laws. Accordingly, we conclude that the Commiss)on need not conduct an ant)trust heaHng w)th respect to the application."

Sincerely, js( Abraham Braitman Abraham Bra)tman, Chief Office of Antitrust 5 Indemn)ty D)rectorate of Licensing

Enclosure:

NG. REL.

OFFICE L'OAI ABra n/hh SURNAME 1+19/72 i'2i Ati72 DAtE i Form AEC 318 (Rev. 9 53) AECM 0240

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December 19, 1972 Docket No. 50-410A Agj Imt'r.

Nfllfam E. Seymour Staff Coordfnator-N. Y. State Atomic Energy Counci'I N. Y. Department of Commerce 112 State Street Albany, New York 12207

Dear Dr. Seymour:

Hfth reference to the construction permit application filed by Niagara Mohawk Power Corperatfon to construct and operate the Nine Nf1e Point Unit 2 plant, the Attorney General has furnished the Commission antitrust advice pursuant to section 105c of the Atomic Energy Act of 'f954, as amended.

Pursuant to Nemo of Understanding With the State of New York dated June 7, 1965, enclosed herew)th for your information is a copy of the Attorney General's 1etter dated December 18. 1972.

Sincerely.

Jerome Saltzman, Assistant Chief Offfce of Antitrust 8 Indemnfty

,Directorate of Licensing

Enclosure:

Attorney General's Advfce DISTRIBUTION:

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ANT)-TP UgT July 7, 'l972 Docket No. 50-410A Dr. William E. Seymour Staff Coordinator N. Y. State Atomic Energy Council N. Y. Department of Commerce 112 'State Street Albany, Hew York 12207

Dear Dr. Seymour:

Pursuant to Nemo of Understanding with the State of New York dated June 7, 1965, enclosed herewith are copies of corres-pondence with Niagara Hohawk Power Corporation on antitrust matters in connection with its application for construction permit for Nine Nile Point, Unit 2.

Sincerely, Jerome Saltzman, Assistant Chief Office of Antitrust 8 Indemnity Directorate of Licensing

Enclosures:

As stated OFFICE D J"L:0 n L: OAI

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~i 6 1972 Pederal Power Commission 441 G Street, N. Q'.

Uashington8 D. C. 20426 Gentlemen!

Pursuant to section 182c of the Atomic Energy Act of 19548 as amended, and 10 09R 50.43(a) pub1ished in the pederal Register on December 29, 1970k this is to notigy yeuk,.that Niagara Hohauk Power Corporation has filed an application to construct and operate Nine Nile Point Unit 2. k Details concerning this application are contained in the k

enclosed notice, which is being forwarded to the Office of the Pederal Register for publication. Xf I can be of further assistance in this matter, please let me knows Sincerely, Original signed by:

Roger S. Boyd Roger S. Boyd, Assistant Director for Soiling Hater Reactors Directorate of Licensing Enclosure!

Pederal Register Notice k

Distribution Docket Piles AEC PDR A. Bournia L Reading RP Reading GCR Reading

~ M. Karman, OGC M'. Rowden, OGC R. S. Boyd R. C. DeYoung A. Braitman

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The Honorable Richard G. Kleindienst AM7li-7>VJsl'n Attorney General Attention: Joseph J. Saunders, Esq.

Chief, Public Counsel and Legislative Section Antitrust Division the )Utter of Niagara )%hawk Powerl Corporation Nine Bile Point Nuclear Station Unit 2 AEC Docket thoro. 50>>410A

Dear fir. Kleindienst:

In accordance with Section 105 c. of the AtorAc Energy Act of 1954, as amended (the Act), we are transmitting,a copy of the application filed by the Niagara t!ohawL Power Corporation for a permit to construct the Bine Hile Point t6uclear Station tJnit No. 2. Also transnitted are five {5) copies of Exhibit F.

Tne application, dated June 7, 1972, and the attached exhibits were received by the Cormission on June 15, 1972. They are being trans-mitted to afford you an opportunity to render such advice to Qe Covnission as you detemine to be appropriate in regard to the finding to be vade by the Comdssion pursuant to Section 105 c.(5) of the Act.

Upon your request, we shall furnish or cause to be furnished. such information as you determine to be appropriate for this advice.

Sincerely, marcus A. Ro';<den Associate general Counsel

Enclosures:

Distribution:

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As stated abov~ S.T.Robinson (3},

Mca&P-ub-lac Doc-Room-cc: Thomas J. Brosnan, Itp 5 Ch,Engr Central File Niagara Mawk Po Ier Corp ASLAB =

Arvin E. Upton, Esq., A. Braitman (3}

fhssrs. LeBoeuf, Lash, Leiby 5. ffacRae J. Rutberg {3 Docket OFF[cEQ OGC 0,6 OGC F les rs w en 9URNAMEy, DATE I 6/20 72 6+de 72 Form hEC-318 (Rev.9-53) hKCM 0240 V, S. GOVERNMENT PRrNTrNO OPrTrCEg 1660 0 406.666

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AiwiTI-TiII5T Local PDR Docket Vo. 60-BOA L:OAI Reading DL Reading JRutberg Giambusso/Stolz/Smith JSaltzman Niagara t"ohawk Power Corporation Attn: IVAN. Thomas d. Brosnan V)ce President t'hief Engineer 300 Erie Qoulevard 'best Syracuse, Wet York 13202 Gentlemen:

This is in reference to the letter dated tune 15, 'l972 from counsel for tliaga}a fIoha><k submitting ~6th the application for licenses for Nine Nile Point Unit 2, 20 copies af information requested on antitrust matters by the Attorney Genera'f of the United States.

The- letter of dune 16, 1912 states that in the reterial submitted on anti-trust matters there tms po ment)on of Niagara Yxhawk's recently announced plans for a- sixth o)1-f)re generating unit at its Oswego stat)on.

Please inform us as to the year this unit is scheduled for commercial operation, the capacity of the unit in thousands of ki'lo>butts. and the adjustments to Table 2, page 2 of your submittal of. antitrust information.

to ba remade in vieM of the addition of this unit. The information requested should be submitted to the undersigned in three sigped or)gina1s and seven<<

teen copies.

In a recent reorganization of the Coptmission's regulatory organization the antitrust revie>v function has been reass$ gned from the Pivision of State

'

and Licensee Relations to the Office of Antitrust 5 Indemnity, Directorate

-of'Licensing. All future correspondence dealing v>ith antitrust matters should be addressed to this Office.

Sincerely, l~l Abraham Braitman Abraham Braitman. Chief Office of Antitrust 8 Indemnity Directorate of Licensing

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