Regulatory Guide 9.1
| ML003740156 | |
| Person / Time | |
|---|---|
| Issue date: | 12/31/1979 |
| From: | Office of Nuclear Regulatory Research |
| To: | |
| References | |
| RG-9.1 | |
| Download: ML003740156 (2) | |
December 197 U.S. ATOMIC EN6RGY COMMISSION
REGULATORY GUIDE
DIRECTORATE OF REGULATORY STANDARDS
REGULATORY GUIDE 9.1 REGULATORY STAFF POSITION STATEMENT ON
ANTITRUST MATTERS
A. INTRODUCTION
views on thest: issues, the Regulatory staff wishes to identify the frame of reference within which proposed remedies are to be designed when dealing with situations In December of 1970 Congress passed an inconsistent with the antitrust laws. Key' issues are amendment to the Atomic Energy Act which required addressed so that the industry in its planning may take prelicensing antitrust review by the Commission, in into consideration the views of the staff as expressed in conjunction with the Department of Justice, of this regulatory guide. It is recognized that this guide will commercial nuclear power plant license applications.' not resolve all antitrust issues which may arise in With regard to those applications fot which an antitrust connection with an application, particularly those which hearing is required, the Atomic Energy Commission, do not involve a claimed denial of access to the nuclear with the advice of the Department of Justice, is directed unit. However, until additional experience is gained in to "make a finding as to whether activities under the the regulatory process, such other antitrust issues, as license would create or maintain a situation inconsistent they may arise, will be addressed on a case-by-case basis.
with the antitrust laws.. ." Since the passage of this statute, 48 applications filed with the AEC have either undergone antitrust review or are currently being C. STANDARDS OF REVIEW
reviewed. In the next two years at least 35 additional applications ate expected. To facilitate review of these Activities Under the Ucense applications the Commission has issued Appendix L to
10 CFR Part 50 relating to information requested by the With regard to scope, the Regulatory staff views Attorney General.
activities under the license to embrace the planning, building, and operation of a nuclear facility as well as
6. DISCUSSION the integration of such a facility into an effective bulk
- power supply system. Economically, a nuclear To promote orderly and timely consideration of generating facility cannot be installed as an isolated relevant issues in any administrative proceeding involving producing unit. It is practical only as a part of an antitrust questions, the Regulatory staff is issuing this integrated and coordinated bulk power supply system.
guide setting forth its present position with respect to Economic utilization of nuclear power requires a ready section 105c as it relates to nuclear power plant license and continuous market for the unit's output. The applications. lumpiness of additions to generating capacity can create temporary conditions of surplus. Access to reserves is This guide seeks to clarify points of issue which are needed for backup when the unit is out of service. For relevant to all prospective applications. The first issue some, coordination to facilitate the introduction of relates to the appropriate scope of review under section nuclear generation capacity has been implemented in the
105c. The second relates to activities or practices which context of formal power pools; for others, it has been may be considered inconsistent with the antitrust laws as done in the context of bilateral agreements. In effect, denoted in section 105a. In addition to announcing direct access to nuclear generation is available only to those who have access to reserve sharing, intersystem
' Section 105c of the Atomic Energy Act of 1954, 68 Stat. coordination, and power exchange arrangements.
938, 42 USc 2135 as amended by P.L 91-560 (Dec. 19, 1970. "Activities under the license" is not meaningful, from an
84 Stat. 1473,42 USC 2135).
USAEC REGULATORY GUIDESof puihed p idiating DC. div201545.
ay ba obtained by request lngton.
dURG Tdso timeUS. Atomic Enep Cornmliron. Wal mlalta to thw hl Attention: Director of Rogultory Standen. contmim and euostlone ftr Itaguator Guedes we Iaaued to descrbe end mnake n ht Mm ina dn~ow fd we encounued ond sholdd be lent o ONe Secraetry tnothasoepleble to the AEC Raguplatory stafpf of woknalmntl iadf'I. at Wahthlton. DC. 205"4.
I ofdoha CoIn nlen. US. Atam-c Enayonvi'aiaon.
the Commrninien's reulatlons. to daineate mchniqu wIed by a Attention- Chief, Public Psmednpstaff.
10daiWt ealufmting apadfifc problems at postulated emidants. or to protlde egw Ilaloa aWliman. Reulavtory Guides are Not Wjsitutes for .aallioi end The guie e hlumod Mithae fllowit tan broad diisiona:
with them Is not aqulred. M*ahod and solutions Affwero h *0 eat&A In the gudft will heaeoptabla NftmypoleaHl for iMaslowdrg "clumt "
a. PTod ot
1. Por@ Reactors l
the inuunc or continuance olf p=mit rOHamsobythe Cmnm"don. 2. Raeertint and Teat Reacto= 7. TraeportatiOf I FPukand Idatorale Facilities L ovipetionl HeaM
to aommodate 4. En-dronmentel and Shitng 1. An xtItruswiev, Publiw ewdd wll ha e.. 10. General Materials end Plant Protection comnents end to raflet mw infLrmt~on o ezperice.
antitrust standpoint. ir'attention Is focused solely on the and/or apparent dlscriminations are symptomatic of the
,,,,clear facility. Meaningful review requires situation which is inconsistent with the antitrust law%or consideration of the applicant's activities to be licensed the policies underlying those laws. The co.ntinuance ol in the context of the bulk power supply iystem within such practices In connection with access to the nuclea which it operates. facility would maintain such a situation. In short, the Regulatory staff seeks to promote access to the nuclear facility in its fullest sense where such access is technically feasible. In that regard the burden will be on Standard of Liability the applicant to demonstrate what technical restrictions.
if any, are appropriate and in the public interest.
A ruclear license applicant should not refuse to grant re:.sonable access to the nuclear facility to smaller Remedies electric utilities which might not otherwise have the opportunity to participate in the development of nuclear Alleviation of undesirable antitrust situations in power. Access should be by joint ownership, unit connection with the applicant's activities under the purchasc or other mutually acceptable arrangement.l An license requires affirmative dealing between applicant applicant should provide in association with access to and various potentially disadvantaged parties. Such the nuclear plant, transmission services and dealing would result not only in unit access but also opportuslities to. coordinate, pool and share reserves. system coordination so that all utilities have Without such anciliary arrangements, access to the opportunities to share in the development of nuclear nuclear facility may well be neither meaningful nor bulk power supply. In promoting these ends the effectivw. Such ancillary arrangements, including Regulatory staff will seek, where necessary, to develop transmision scrvices and reserve sharing practices used general rather than specific remedies. The staff will seek by electric utilities in the area, will generally be to avoid determining the specifics of a coordination acceptable to the staff provided they do not embody agreement, the details of unit participation, and the like.
restrictive provisions and do not place an unreasonable In general, reliance will be placed on the exercise of and disproportionate burden on smaller electric utilities. Federal Power Commission and State agency jurisdiction Where applicants are restrictive in granting access to the regarding the specific terms and conditions of the sale of nuclear unit or where types of access are differentiated, power, rates for transmission services and such other an applicant will have the burden of justifying its matters as may be within the scope of their jurisdiction.
conduct. In addition, given the fact that applicants obtain benefits in connection with the nuclear facility by exchanging power with some, coordinating with some, providing transmission services for some and Although this represents the basic Regulatory staff engaging in pooling and system reserve sharing with position as it seeks to fulfill its responsibilities under some, applicants should be preparvd to deal with smaller section 105c of the Atomic Energy Act, specific electric utilities on a basis that will provide similar circumstances may require departures in individual cases.
results for smaller electric utilities. It is the position of In such instances, the staff'will propose such additional the Regulatory staff that unreasonable restrictions action as it deems necessary.
9.1-2