Appendix L to Part 50 - Information Requested by the Attorney General for Antitrust Review of Facility Construction Permits and Initial Operating Licenses

Introduction. The information in this appendix is that requested by the Attorney General in connection with his review, pursuant to section 105c of the Atomic Energy Act of 1954, as amended, of certain license applications for nuclear power plants. The applicant shall submit the information as a separate document titled, “Information Requested by the Attorney General for Antitrust Review.” This document shall be submitted prior to any other part of the facility license application as provided in § 50.33a and in accordance with § 2.101 of this chapter.

I. Definitions

1. “Applicant” means the entity applying for authority to construct or initially operate subject unit and each corporate parent, subsidiary and affiliate. Where application is made by two or more electric utilities not under common ownership or control, each utility, subject to the applicable exclusions contained in § 50.33a, should set forth separate responses to each item herein.

2. “Subject unit” means the nuclear generating unit or units for which application for construction or operation is being made.

3. “Initially operate” a unit means to operate the unit pursuant to the first operating license issued by the Commission for the unit.

4. “Electric utility” or “system” means any entity owning, controlling or operating facilities for the generation or transmission or distribution of electric power.

5. “Coordination” means any arrangement between two or more systems for generation and transmission planning, or operation of two or more interconnected electric utilities not under common ownership or control, including but not limited to arrangements for sharing operating and installed reserves, arrangements for joint or staggered construction of generating facilities, economy energy transactions, capacity transactions based on load diversities, thermalhydro generation pooling, common maintenance arrangements, and joint use of transmission facilities or wheeling.

6. “Coordinating power and energy” means energy transmitted in accordance with an arrangement for coordination including but not limited to emergency power, economy energy, deficiency power and associated energy, and maintenance power and energy.

7. Except where specifically mentioned otherwise, the term “reserve generating capacity” or “reserves” shall refer to installed reserves in contrast to spinning or operating reserves.

II. Required Information

1. State separately for hydroelectric and thermal generating resources applicant's most recent peak load and dependable capacity for the same time period. State applicant's dependable capacity at time of system peak for each of the next 10 years for which information is available. Identify each new unit or resource. For hydroelectric generating capacity, indicate the number of kilowatt hours of use associated with each kilowatt of capacity during the “adverse water year” upon which dependable capacity is based. Indicate average annual kilowatt hour loads per kilowatt, associated with each system peak shown (exclusive of interchange arrangements).

2. State applicant's estimated annual load growth for each of the next 20 years or for the period applicant utilizes in system planning. Indicate growth both in kilowatt requirements and kilowatt hour requirements.

3. State estimated annual load growth in kilowatts and kilowatt hours of companies or pools upon which the economic justification of the subject unit is based for each of the next 20 years or for the period applicant utilized in system planning. Identify each company or pool member.

4. For the year the subject unit would first come on line, state estimated annual load growth in kilowatts and kilowatt hours of any coordinating group or pool of which the applicant is a member (other than the coordinating group or pool referred to in the applicant's response to item 3) which has generating and/or transmission planning functions. Identify each company or pool member whose loads are indicated in the response thereto.

5. State applicant's minimum installed reserve criterion (as a percentage of load) 1 for the period when the subject unit will first come on line. If the applicant shares reserves with other systems, identify the other systems and provide minimum installed reserve criterion (as a percentage of loan) 1 by contracting parties or pool for the period when the proposed unit will first come on line.

6. Describe methods used as a basis to establish, or as a guide in establishing the criteria for applicant's and/or applicant's pool's minimum amount of installed reserves (e.g., (a) single largest unit down, (b) probability methods such as loss of load one day in 20 years, loss of capacity once in 5 years, (c) other methods and/or (d) judgment. List contingencies other than risk of forced outage that enter into the determination).

7. Indicate whether applicant's system interconnections are credited explicitly or implicitly in establishing applicant's installed reserves.

8. List rights to receive emergency power and obligations to deliver emergency power, rights or obligations to receive or deliver deficiency power or unit power, or other coordinating arrangements, by reference to applicant's Federal Power Commission (FPC) rate schedules (i.e., ABC Power & Light Co., FPC Rate Schedule No. 15 including supplements 1-5), 2 and also by reference to applicant's state commission filings. Where documents are not on file with the FPC, supply copies, or where not reduced to writing, describe arrangements. Identify for each such arrangement the participating parties other than applicant. Provide one line electrical and geographic diagrams of coordinating groups or power pools (with generation or transmission planning functions) of which applicant's generation and transmission facilities constitute a part.

9. List, and provide the mailing address for non-affiliated electric utility systems with peak loads smaller than applicant's which serve either at wholesale or at retail adjacent to areas served by the applicant.

Provide a geographic one-line diagram of applicant's generating and transmission facilities (including subtransmission) indicating the location of adjacent systems and as to such systems indicate (if available) their load, their annual load growth, their generating capacity, their largest thermal generating unit size, and their minimum reserve criteria.

10. List separately those systems in Item 9 which purchase from applicant (a) all bulk power supply and (b) systems which purchase partial bulk power supply requirements. Where information is available to applicant, identify those Item 9 systems purchasing part or all of their bulk power supply requirements from suppliers other than applicant.

11. State as to all power generated and sold by applicant the most recent average cost of bulk power supply experienced by applicant (a) at site of generating facilities, (b) at the delivery points from the primary transmission (backbone) system, (c) at delivery points from the secondary transmission system, and (d) at delivery points from the distribution system, in terms of dollars per kilowatt per year, in mills per kilowatt hour, and in both the kilowatt costs and kilowatt hour costs divided by the kilowatt hours. If wholesale sales are made at varying voltages, indicate average costs at each voltage.

12. State (a) for generating facilities and (b) for transmission subdivided by voltage classes, the most recent estimated cost of applicant's bulk power supply expansion program of which the subject unit is a part, in terms of dollars per kilowatt per year, in mills per kilowatt hour and in both the kilowatt costs and kilowatt hour costs divided by the kilowatt hours. Also state separately the most recently estimated cost of the subject unit(s).

13. List and describe all requests for, or indications of interest in, interconnection and/or coordination and purchases or sales of coordinating power and energy from adjacent utilities listed in item 9 since 1960 and state applicant's response thereto. List and describe all requests for, or indications of interest in, supply of full or partial requirements of bulk power for the same period and state applicant's response thereto.

14. List (a) agreements to which applicant is a party (reproducing relevant paragraphs) and (b) State laws (supply citations only) which restrict or preclude coordination by, with, between, or among any electric utilities or systems identified in applicant's response to items 8 and 9. List (a) agreements to which the applicant is a party (reproducing relevant paragraphs) and (b) State laws (supply citations only) which restrict or preclude substitution of service or establishment of service of full or partial bulk power supply requirements by an electric utility other than applicant to systems identified in items 8 and 9. Where the contract provision appears in contracts or rate schedules on file with a Federal agency, identify each in the same form as in previous responses. Where the contract has not been filed with a Federal agency, a copy should be supplied unless it has been supplied pursuant to another item hereto. Where it is not in writing, it should be described.

15. State, at point of delivery, average future costs of power purchased from applicant to adjacent systems identified in applicant's response to item 9 in terms of dollars/month/kw for capacity, mills/kw for energy and mills/kwh for both power and energy at purchaser's present load factor (a) at present load, (b) at 50 percent increase over present load, (c) at 100 percent increase over present load, and (d) at 200 percent increase over present load. (All costs should be determined under present rate schedules.) Where sales are made under contracts or rate schedules on file with a Federal agency and not included in the response to item 9, identify each in the same form as in previous responses. Where the contract has not been filed with a Federal agency, a copy should be supplied.

16. State whether applicant has prepared, caused to be prepared, or received engineering studies for generation and transmission expansion programs which include loads of each system in item 9.

17. List adjacent systems to which applicant has offered to sponsor or to conduct system surveys in contemplation of an offer by applicant to purchase, merge or consolidate with said adjacent system, subsequent to January 1, 1960.

18. List applicant's offers or proposals to purchase, merge or consolidate with electric utilities, subsequent to January 1, 1960.

19. List all acquisitions of or mergers or consolidations with electric utilities by applicant, subsequent to January 1, 1960, including:

(a) The name and principal place of business of the system prior to the acquisition, merger or consolidation;

(b) The date the acquisition, merger or consolidation was consummated;

(c) Gross annual revenue and most recent peak load, dependable capacity and the largest thermal generating unit of the system, prior to the dates of consummation.

20. State applicant's six (or fewer if there are not six) lowest industrial or large commercial rates for firm electric power supply in terms of cost for power and energy in mills per kilowatt hour (and separately, the demand and energy components) and indicate the portion of the charge attributed to bulk power supply. State the rates or rate blocks applicant utilizes for its six (or fewer if there are not six) promotional services such as electric space heating, electric hot water heating, and the like, in terms of mills per kilowatt hour for power and energy and indicate the portion of the rate or rate blocks attributed to bulk power supply.