ML19317G582

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Requests Antitrust Review of OL Application
ML19317G582
Person / Time
Site: Crystal River Duke Energy icon.png
Issue date: 06/10/1971
From: Fairman J
GAINESVILLE, FL, SPIEGEL & MCDIARMID
To:
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19308D808 List:
References
NUDOCS 8003191158
Download: ML19317G582 (2)


Text

UNIT D STATES OF AMERICA

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BEFORE THE ATOMIC ENERGY COMMISSION

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In the Matter of

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Florida Power Corporation ) Docket No. 50-302

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(Crystal River No. 3 )

Nuclear Generating Plant) )

REQUEST FOR ANTITRUST REVIEW The City of Gainesville, Florida and the Gainesville ..

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Utilities Department (collectively, "Gainesville"), pursuant to Section 105c(3) of the Atomic Energy Act of 1954 as amended by Public Law 91-560 ("Act"), hereby request an antitrust review of the application by Florida Power Corporation for an operating lice ns e.

In support of this request the undersigned on behalf of Gainesville states that:

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1. A timely Pethion for Leave to Intervene and Motion -

to Broaden Issues (" Petition") was filed by Gainesville on June 14, 1968 in the above-captioned proceeding, wherein Gainesville raised the issue pertaining to antitrust considerations and sought to challenge the jurisdictional basis on which the Commission proposed to issue a permit for construction of the nuclear facility (Petition pp. : 4, 5) . . .

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2. By Order of June 28, 1968 the Atomic Safety and Licensing. Board granted Gainesville intervention and denied its Motion to Broaden the Issues.
3. Notice of Receipt of Application for Facility Operating License, 36 F.R. 8606 (May 8,1971) provided in pertinent part:

" . . . any person who intervened or who sought by timely written notice to tha Commission to intervene in the con-struction permit proceedings . . . to obtain a determina-tion of antitrust considerations or to advarce a jurisdictional basis for such determination has a right to obtain an anti-trust review under Section 105c of the Act of the application for an operating license for this facility, upon written request. . ."

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4 Florida Power Corporation filed an applicati;,.. dai.ed January 26, 1971, in the form of a Final Safety Analysis Report, to operate a nuclear power reactor at its Crystal River site in Citrus County, Florida.

WHEREFORE, Gainesville requests that an antitrust review of the instant applicati n for such operating license be con-ducted as provided in the Act.

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Respectfully submitted,

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CITY OF GAINESVILLE, F LORIDA, AND GAINESVILLE UTILITIES DEPARTMENT r

June 2,.1971 By /g/ t. n w .).

'W 4? J m , _

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'Jame s F. Fairman, Jr.

Law Office of: s Their Attorney George Spiegel 2600 Virginia Avenue, N.W.

Wa shington, D. C. 20037-

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