ML19318A960
| ML19318A960 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 06/19/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8006240439 | |
| Download: ML19318A960 (2) | |
Text
ct N
/
4 80CJtr7%
UNITED STATES & AMERICA
[g N
flVCLEAR REGULATORY COMMISSION Jgy g g g, fy Cffse of the Seanery CEastat & asness t
Brand In the Matter of
)
)
O A
BOSTON EDISON COMPANY
)
/g
)
Docket No. 50-293A
)
(Pilgrim Nuclear Power Station)
)
)
ORDER On October, 1971, the Massachusetts Municipals filed a petition before the Atomic Energy Commission, NRC's predecessor agency, renewing a filed petition for intervention and requesting an antitrust hearing on Pilgrim Nuclear Power Station, Unit 1.
Apparently in light of prolonged settlement negotiations between the parties, that petition was still pendin when on October 11, 1979, Massachusetts Municipals, the only petitioner for an antitrust hearing regarding the Pilgrim facility, withdrew their inter-vention as a result of satisfactorily concluding settlement negotiations with Applicant Boston Edison Company.1/
The NRC Staff then informed us that it had no objection to the with-drawal but because the Attorney General in 1971 had racornended a hearin the issues raised by the Massa:husetts Punicipals, S/
further advice from the Department of Justice was being sought. $/
_~
1/
i Massachusetts !!unicipais, ",lithdrawal of Intervention as Foot" 1979.
, October 11,
-2/
30 Fed. Reg. 17881 (1971),
[
2/
NRC Staff, Response to the " Withdrawal of Intervention as Foot"
~ I the Fassachusetts Municipals, October 24, 1979.
, filed by g\\
s 8006240 @
g
=1
e 2
The advice of the Department of Justice, provided by letter dated March 17,1980 (attached), was that there was no longer any reason to hold an antitrust hearing in this matter.
That advice was forwarded to us by Staff along with Staff's recommendation that Massachusetts Municipals'
" Withdrawal of Intervention as Moot" be granted and that there was no need to proceed further in this antitrust matter.4./
No objection having been made and no countervailing reason presented, the Commission grants Massachusetts Municipals' " Withdrawal of Intervention" and finds that no further proceedings concerning the antitrust aspects of this application are required.
For the Commission
- 4
]
~
b e 12(
rne SAMUEL C. CHILK Secretary of the Commission Dated at Washington, D. C.
/0 d
/
day of June,1980 this 4f NRC staff, Recommendation that the " Withdrawal of Intervention as Moot,"
filed by the Massachusetts Municipals Be Granted, March 31, 1980.
Section 201 of the Energy Reorganization Act, 42 U.S.C. 55841, provides that action of the Commission shall be determined by a " majority vote of the members present."
Commissioners Gilinsky and Bradford were not present when this item was affirmed, but had previously voted by notation to approve this Order.
Had Commissioners Gilinsky and Bradford been present, they would have affirmed their prior votes.
Accordingly, the formal vote of the Commission was 3-0 in favor of the decision.