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

As required by the December 19, 1970, amendments to the Atomic Energy Act of 1954, the Atomic Energy Commission conducts antitrust reviews with respect to construction permits and operating licenses it issues for commercial nuclear facilitie

s. The Commission must

"under certain circumstances, make a finding as to whether the activities under the permit or license would create or maintain a situation inconsistent with the antitrust laws. An antitrust review at the operating license stage is not required unless the AEC determines such review is advisable on the ground that significant changes in the licensee's activities or proposed activities have occurred subsequent to the previous antitrust review conducted by the Attorney General and the Commission at the construction permit stage. This rejulatory guide identifies -the type of information that the Regulatory staff considers germane for a decision as to whether a second antitrust review is required at the operating license stage.

B. INFORMATION NEEDED BY THE AEC

REGULATORY STAFF IN CONNECTION

WITH ITS ANTITRUST REVIEW

OF OPERATING LICENSE APPLICATIONS

FOR NUCLEAR POWER PLANTS

1. To assist the regulatory staff in Its review, an applicant for a license to operate a commercial nuclear power plant should consider the following items and any related changes that have occurred or are planned to occur since submission iof the construction permit application:

a. Anticipated excess or shortage in generating capacity resources not expected at the construc tion permit stage. Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utiize4 or how the shortage will be obtained.

b. New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.

c. Changes in transmission with respect to!(l) the nuclear plant,

(2)

interconnections, or (3)

connections to wholesale customers.

d. Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and basis for such changes should be included.

e. Changes In design, provisions, or conditions of rate schedules and remasons for such changes. Rate increases or decreases are not necessary.

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

transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.

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h. Sumrma'y of requests or indications of Interest by other electric power wholesale or retail dis tributors, and licensee's response, for any typ, of electric service or cooperative venture or study.

2. licensees whose construction permits Include con ditions pertaining to antitrust aspects should list and discuss those actions or policies which have been Implemented In accordance with such conditions.

3. Fve copies of a separate document entitled

"Information for Antitrust Review of Operating License Application"

and containing the above requested information should be submitted when the operating license application documents are sub mitted or a soon thereafter as possible.

9.3-2 t