ML19309D009
| ML19309D009 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 03/31/1980 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML19309D010 | List: |
| References | |
| NUDOCS 8004090471 | |
| Download: ML19309D009 (2) | |
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION 6-l BEFORE THE COl: MISSION Nfef ry Y
In the Matter of
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BOSTON EDISOfi COMPANY
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NRC Docket Nos. 50-293A (Pilgrim Nuclear Power
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Station)
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NRC STAFF'S RECOMMENDATION THAT THE " WITHDRAWAL OF INTERVENTION AS MOOT" FILED BY THE MASSACHUSETTS MUNICIPALS BE GRANTED On October 24, 1979, the NRC Staff informed the Commission of the receipt of the Massachusetts Municipals' " Withdrawal of Intervention as Moot,"
dated October 11, 1979.
In that " Withdrawal" the Massachusetts Municipals, the only petitioner for intervention and an antitrust hearing regarding the Pilgrim Nuclear Power Station, advised the Commission that they had reached a final settlement agreement with the applicant, the Boston Edison Company, which mooted the antitrust issues which they had raised in their petition to intervene. The NRC Staff informed the Commission that it had no objection to the withdrawal of the petition, but because the Attorney General in 1971 had recorrended a hearing on the issues raised by the tiassachusetts Municipals, further advice from the Department of Justice was appropriate. We therefore advised the Co.r.ission that the Staff would communicate with the Attorney General to determine, in light of recent developments, whether the position of the Attorney General reflected in the August 2,1971, advice letter remains valid. When a response to this inquiry is received, we will provide the Commission with our views as to proposed course of action to follow with regard to this matter.
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On October 24, 1979, the Staff requested the Department of Justice to further i
advise the Commission regarding this matter.
That advice now has been received.
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By letter dated March 17,1980 (copy attached), the Department of Justice j
advised the Commission that in its opinion there was no longer any reason to
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hold an antitrust hearing in this matter.
In view of this advice, along with the settlement between the Massachusetts Municipals and Boston Edison Company, the Staff recommends that the Massachusetts Municipals' " Withdrawal of Inter-vention as Moot" be gra,nted and that the antitrust proceeding in connection with Boston Edison Company's application for the Pilgrim Nuclear Power Station.
be terminated.
Respectfully submitted, by/..tJ+L.
t Jagk R. Goldberg Counsel for NRC Staff f
Dated at Bethesda, Maryland this 31st day of March,1980.
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