Regulatory Guide 9.3

Information Needed by the AEC Regulatory Staff in Connection with Its Antitrust Review of Operating License Applications for Nuclear Power Plants

ML003740168
Person / Time
Issue date:	10/31/1974
From:	Office of Nuclear Regulatory Research
To:
References
RG-9.3
Download: ML003740168 (2)

October 1974

-Nl U.S. ATOMIC ENERGY COMMISSION

REGULATORY GUIDE

DIRECTORATE OF RIGULATORY STANDARDS

'REGULATORY GUIDE.9.3 INFORMATION NEEDED BY THE AEC REGULATORY STAFF IN CONNECTION

WITH ITS ANTITRUST REVIEW OF OPERATING LICENSE APPLICATIONS

FOR NUCLEAR POWER PLANTS

A. INTRODUCTION

items and any related changes that have occurred or are planned to occur since submission iof the As required by the December 19, 1970, amendments construction permit application:

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 licenses it issues for capacity resources not expected at the construc commercial nuclear facilities. The Commission must tion permit stage. Reasons for the excess or

"under certain circumstances, make a finding as to shortage along with data on how the excess will be whether the activities under the permit or license would allocated, distributed, or otherwise utiize4 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, policies, practices, changes in the licensee's activities or proposed activities or membership of power pools or coordinating 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 rejulatory guide identifies -the type of information that c. Changes in transmission with respect to!(l) 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

e. Changes In design, provisions, or conditions of rate WITH ITS ANTITRUST REVIEW schedules and remasons for such changes. Rate OF OPERATING LICENSE APPLICATIONS increases or decreases are not necessary.

FOR NUCLEAR POWER PLANTS

f. List of all (I) new wholesale customers, (2)

transfers from one rate schedule to another,

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 List 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. Fve copies of a separate document entitled

"Information for Antitrust Review of Operating h. Sumrma'y 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 typ, of operating license application documents are sub electric service or cooperative venture or study. mitted or a soon thereafter as possible.

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