ML20126K772

Requests Response within 60 Days to Encl Reg Guide 9.3 Re Antitrust OL Review Since 800915 Settlement.Info Needed for Review of OL Before Scheduled Fuel Load of Dec 1986

ML20126K772
Person / Time
Site:	South Texas
Issue date:	07/18/1985
From:	Cleary D Office of Nuclear Reactor Regulation
To:	Goldberg J HOUSTON LIGHTING & POWER CO.
References
RTR-REGGD-09.003, RTR-REGGD-9.003 NUDOCS 8507300475
Download: ML20126K772 (2)

Text

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JUL 181985 69 --@

Mr. J. H. Goldberg, Vice President Nuclear Engineering and Construction Houston Lighting & Power Company P. O. Box 1700 Houston, Texas 77001 Re: South Texas Project, Unit 1, Docket No. 50 498; Antitrust Operating License Review; Responses to Regulatory Guide 9.3

Dear Mr. Goldberg:

Due to the substantial lapse of time since the antitrust settlement in the captioned case in September of 1980 and the scheduled fuel load of December 1986, there will be a " review vacuum" of over six years in the antitrust operating license phase of review. Consequently, staff would appreciate it if Houston Lighting & Power Company, acting as the lead a provide responses to the Coninission's Regulatory Guidecopy 9.3attached)

(pplicant, would pertaining to the applicants' changed activity since the September 15, 1980 antitrust settlement. (Your answer to Item B.2 of Regulatory Guide 9.3 should include those actions or policies which have been implemented in accordance with the 1980 settlement.)

Please provide these data for all applicants within 60 days of the date of this letter. If you have any questions concerning this request, contact William Lambe of my staff at (301) 492-8048.

Thank you for your assistance in this matter.

Sincerely,

/s/

Donald P. Cleary, Acting Chief Site Analysis Branch Division of Engineering Office of Nuclear Reactor Regulation

Enclosure:

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Mr. J. H. Goldberg, Vice President Nuclear Engineering and Construction Houston Lighting & Power Company P. O. Box 1700 Houston, Texas 77001 Re: South Texas Project, Unit 1. Docket No. 50-498; Antitrust Operating License Review; Responses to Regulatory Guide 9.3

Dear Mr. Goldberg:

Due to the substantial lapse of time since the antitrust settlement in the captioned case in September of 1980 and the scheduled fuel load of December 1986, there will be a " review vacuum" of over six years in the antitrust operating license phase of review. Consequently, staff would appreciate it if Houston Lighting & Power Company, acting as the lead applicant, would provide responses to the Consnission's Regulatory Guide 9.3 (copy attached) pertaining to the applicants' changed activity since the September 15, 1980 antitrust settlement. (Your answer to Item B.2 of Regulatory Guide 9.3 should include those actions or policies which have been implemented in accordance with the 1980 settlement.)

Please provide these data for all applicants within 60 days of the date of this letter. If you have any William Lambe of my staff at (questions 301)492-8048. concerning this request, contact Thank you for your assistance in this matter.

Sincerely.

0 2 Donald P. Cleary, Acting C "

Site Analysis Branch Division of Engineering Office of Nuclear Reactor Regulation

Enclosure:

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REGULATORY GUIDE 9.3 INFORMATION NEEDED BY THE AEC REGULATORY STAFF IN CONNECTION WITH ITS ANTITRUST REVIEWVF OPERATING LICENSE APPLICATIONS FOR NUCLEAR POWER PLANTS-A. INTRODUCTION items and any related changes that have occurred or are planned to occur smce submission of the As required by the December 19,1970, amendmen ts construction permit apphcation-to the Atomic Energy Act of 1954, the Atomic Energy Commission conducts antitrust reviews with respect to a. Anticipated excess or shortage in generating construction permits and operating hcenses it issues for capacity resources not expected at the construe.

commercial nuclear facihties. The Commission must tion permit stage. Reasons for the excess or under certam circumstances, make a findmg as to shortage along with data on how the excess will be whether the activities under the permit or hcense would allocated, distributed, or otherwise utilized or how create or maintain a situation inconsistent with the the shortage will be obtained. -

antitrust laws. An antitrust review at the operating

license stage is not required unless the AEC determines b. New power pools or coordinating; groups or

~.. such review is advisable on the ground that significant changes in structure, activities, pohcies, practices, changes in the licensee's activities or proposed activities or membership of power pools or coordmating have occurred subsequent to the previous antitrust groups in which the licensee was, is, or will be a review conducted by the Attorney General and the participant.

Commission at the construction permit stage. This regulatory guide identifies the type ofinformation that c. Changes in transmission with respect to (1) the the Regulatory staff considers germane for a decision as nuclear plant, (2) interconnections, or (3) to whether a second antitrust review is required at the connections to wholesale customers.

operating license stage.

d. Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and B. INFORMATION NEEDED BY THE AEC basis for such changes should be included.

REGULATORY STAFF IN CONNECTION WITH ITS ANTITRUST REVIEW e. Changes in design, provisions, or conditions of rate schedules and reuons for such changes. Rate j OF OPERATING LICENSE APPLICATIONS increases or decreases are not necessary.

FOR NUCLEAR POWER PLANTS

f. List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, I 1. To assist the regulatory staff in its review, an including copies of schedules not previously applicant for a license to operate a commercial furnished, (3) changes in licensee's service area, nuclear power plant should consider the following and (4) licensee's acquisitions or mergers.

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, g. Ust of those generating capacity additions 2. Licensees whose construction permits include con-committed for operation after the nuclear facility, ditions pertaining to antitrust aspects should list and including ownership rights or power output discuss those actions or policies which have been allocations, implemented in accordance with such conditions.

3. Five copies ofIa separate document entitled "Information for Antitrust Review of Operating

h. Summary of requests or indications of interest by License Application" and containing the above other electric power wholesale or retail dis- requested information should be submitted when the tributors, and licensee's response,'for any type of ,, operating license application documents are sub-electric service or cooperative venture or study. . mitted or as soon thereafter as possible.

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