ML030850657
| ML030850657 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 03/18/2003 |
| From: | Repka D Pacific Gas & Electric Co, Winston & Strawn |
| To: | Office of Nuclear Reactor Regulation, US Federal Judiciary, District Court for the District of Columbia |
| References | |
| 03-1038, 50-275-LT, 50-323-LT, CLI-03-02 | |
| Download: ML030850657 (8) | |
Text
March 18, 2003 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Northem California Power Agency,
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Petitioner,
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- v.
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U.S. Nuclear Regulatory Commission and
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United States of America, Case No. 03-1038 Respondents,
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and
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Pacific Gas and Electric Company,
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Proposed Intervenor.
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MOTION OF PACIFIC GAS AND ELECTRIC COMPANY FOR LEAVE TO INTERVENE Pursuant to Rule 15(d) of the Federal Rules of Appellate Procedure, and Circuit Rule 15(b) of the United States Court of Appeals for the District of Columbia Circuit, Pacific Gas and Electric Company ("PG&E") hereby moves for leave to intervene as a party respondent in the captioned proceeding. In support of its motion, PG&E states as follows:
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Petitioner Northern California Power Agency ("NCPA") is seeking review of a Memorandum and Order of the United States Nuclear Regulatory Commission ("NRC" or "Commission"). The Commission's Memorandum and Order, CLI-03-02, was issued February 14, 2003, in the matter of Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), Docket Nos. 50-275-LT, 50-323-LT.
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The Memorandum and Order relates to an NRC prioceeding wherein PG&E seeks the Commission's authorization to transfer its licenses for the Diablo Canyon Power Plants, Units 1 and 2 (collectively, "DCPP") in connection with a comprehensive Plan of
Reorganization for PG&E filed under Chapter 11 of the United States Bankruptcy Code. Under the Plan, operating authority for DCPP will be transferred to a new limited liability company named Electric Generation LLC, and ownership of DCPP will be assigned to a wholly-owned subsidiary of Gen named Diablo Canyon LLC.
- 3.
One issue raised by PG&E's application to NRC for transfer of the DCPP operating licenses involves the antitrust license conditions presently included in those NRC licenses.
These conditions currently impose certain obligations on PG&E related to the generation and transmission of electricity.
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In CLI-03-02, the Commission rejected on their merits the contentions raised by NCPA related to the ongoing vitality of the DCPP antitrust license conditions. The Commission reiterated its view of the antitrust authority conferred on the agency by Congress in the Atomic Energy Act of 1954 ("AEA"). The Commission held that it lacks authority to impose antitrust license conditions with respect to DCPP and instructed the NRC Staff not to include these antitrust conditions in any transferred license if it otherwise approves the PG&E license transfer application. The Commission denied all of NCPA's remaining requests for relief. On February 25, 2003, NCPA filed in this Court its Petition for Review.
- 5.
PG&E is the owner and operator of DCPP and participated as the applicant in the proceedings below before the NRC.
PG&E's operations and Plan of Reorganization are directly implicated by the proposed licensing action and would be directly affected should the Court suspend, enjoin, or set aside the NRC's order that is the subject of the Petition for Review. Accordingly, PG&E has its own direct and substantial interest in the case.
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- 6.
Counsel for NCPA and the NRC have indicated that they have no objection to PG&E's motion for leave to intervene.
Respectfully submitted, David A. Repka, Esq.
Brooke D. Poole, Esq.
WINSTON & STRAWN 1400 L Street, N.W.
Washington, DC 20005-3502 (202) 371-5700 William V. Manheim, Esq.
Richard F. Locke, Esq.
PACIFIC GAS & ELECTRIC COMPANY 77 Beale Street, B30A San Francisco, CA 94105 ATTORNEYS FOR PROPOSED INTERVENOR PACIFIC GAS & ELECTRIC COMPANY Dated in Washington, District of Columbia this 18th day of March, 2003 3
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Northern California Power Agency,
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Petitioner,
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- v.
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U.S. Nuclear Regulatory Commission and
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United States of America,
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Case No. 03-1038 Respondents,
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and
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Pacific Gas and Electric Company,
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Proposed Intervenor.
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CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, and Circuit Rule 26.1 of the United States Court of Appeals for the District of Columbia Circuit, Pacific Gas and Electric Company ("PG&E") hereby files this Disclosure Statement.
Intervenor PG&E is a corporation organized under the laws of the State of California, with its principal executive offices in San Francisco, California.
PG&E is an operating public utility engaged principally in the business of providing electricity and natural gas distribution and transmission services throughout most of Northern and Central California.
Effective January 1, 1997, PG&E and its subsidiaries became subsidiaries of Pacific Gas and Electric Corporation, an energy-based holding company organized under the laws of the State of California. On April 6, 2001, PG&E filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of California. On September 20, 2001, PG&E and its parent corporation jointly filed a Plan of Reorganization with the Bankruptcy Court. PG&E continues to operate its business as a debtor in-possession subject to the jurisdiction of the Bankruptcy Court.
Pacific Gas and Electric Corporation, PG&E's parent corporation, is the only publicly held corporation owning ten percent or more of PG&E's stock.
Respectfully submitted, David A. Repka, Esq.
WINSTON & STRAWN 1400 L Street, N.W.
Washington, DC 20005-3502 (202) 371-5700 ATTORNEY FOR PACIFIC GAS AND ELECTRIC COMPANY Dated in Washington, District of Columbia this 18th day of March 2003 2
DC:298695.1
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Northern California Power Agency, Petitioner, V.
U.S. Nuclear Regulatory Commission and United States of America, Respondents, and Pacific Gas and Electric Company, Proposed Intervenor.
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CERTIFICATE Case No. 03-1038 OF SERVICE I hereby certify that copies of the "MOTION OF PACIFIC GAS AND ELECTRIC COMPANY FOR LEAVE TO INTERVENE" and a
"CORPORATE DISCLOSURE STATEMENT" in the captioned proceeding have been served as shown below by deposit in the United States mail, first class, this 18th day of March, 2003.
Robert C. McDiarmid Ben Finkelstein Spiegel & McDiarmid 1333 New Hampshire Avenue, N.W.
Washington, DC 20036 Laurence G. Chaset Public Utilities Commission of the State of California 505 Van Ness Avenue, Room 5131 San Francisco, CA 94102 Gregory Heiden Public Utilities Commission of the State of California 505 Van Ness Avenue, Room 5024 San Francisco, CA 94102 John F. Cordes, Solicitor U.S. Nuclear Regulatory Commission Mail Stop O-15D21 Washington, DC 20555-0001 David Effross Public Utilities Commission of the State of California 505 Van Ness Avenue, 4th Floor San Francisco, CA 94102 Scott Steffen, Esq.
Assistant General Counsel Modesto Irrigation District P.O. Box 4060 Modesto, CA 95352 I
George A. Fraser, General Manager Northern California Power Agency 180 Cirby Way Roseville, CA 95678 Steven M. Kramer Carla J. Urquhart Milbank, Tweed, Hadley & McCloy LLP 1825 1 Street, N.W., Suite 1100 Washington, DC 20006 Wallace L. Duncan, Esq.
James D. Pembroke, Esq.
Michael R. Postar, Esq.
Lisa S. Gast, Esq.
Sean M. Neal, Esq.
Peter J. Scanlon, Esq.
Derek A. Dyson, Esq.
Duncan, Weinberg, Genzer & Pembroke, P.C.
1615 M Street, N.W., Suite 800 Washington, DC 20036-3203 James C. Feider Director, Electric Department City of Redding 777 Cypress Avenue Redding, CA 96049-6071 Grant Kolling Senior Assistant City Attorney City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 Rick Coleman, General Manager Trinity Public Utility District P.O. Box 1216 Weaverville, CA 96093-1216 Harrison Call Call Company 130 S. Cloverdale Blvd.
P.O. Box 219 Cloverdale, CA 95425 Edwin F. Feo Milbank, Tweed, Hadley & McCloy LLP 601 South Figueroa Street, 30th Floor Los Angeles, CA 90017 James H. Pope, Chairman Maury A. Kruth, Executive Director Transmission Agency of Northern California P.O. Box 15129 Sacramento, CA 95851-0129 William C. Walbridge, General Manager M-S-R Public Power Agency P.O. Box 4060 Modesto, CA 95352 James H. Pope Director of Electric Utility City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 Roger VanHoy Assistant General Manager, Electric Resources Modesto Irrigation District P.O. Box 4060 Modesto, CA 95352 Roland D. Pfeifer, Esq.
Assistant City Attorney City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 Girish Balachandran Assistant Director of Utilities City of Palo Alto P.O. Box 10250 Palo Alto, CA 94303 2
Sheldon L. Trubatch, Esq.
Law Offices of Sheldon L. Trubatch 4222 River Road, NW, #1 Washington, DC 20016 James B. Lindholm, Jr.
County Counsel for the County of San Luis Obispo County Government Center, Rm 386 San Luis Obispo, CA 93408 Robert K. Temple, Esq.
2524 N. Maplewood Avenue Chicago, IL 60647 David A. Repka, Esq.
Counsel for Pacific Gas
& Electric Company 3
DC:298663.1