[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Notices]
[Page 9506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5496]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-440 and 50-346]
Perry Nuclear Power Plant, Unit 1; Davis-Besse Nuclear Power
Station, Unit 1; Receipt of Petition for Director's Decision Under 10
CFR 2.206
Notice is hereby given that by Petition from the City of Cleveland,
Ohio, for the ``Expedited Issuance of Notice of Violation, Enforcement
of License Conditions, and Imposition of Appropriate Fines''
(Petition), dated January 23, 1996, the City of Cleveland (Petitioner)
requests, inter alia, that the NRC, pursuant to 10 CFR 2.201, 2.202,
2.205 and 2.206, find that the Cleveland Electric Illuminating Company
(CEI) is obligated to provide the wheeling and interconnection services
as specified in the Petition and allegedly required by the Antitrust
License Conditions that are a part of CEI's license for the Davis-Besse
Nuclear Power Plant, Unit 1, and Perry Nuclear Power Plant, Unit 1. In
addition, the Petitioner has filed a Motion for Partial Summary
Judgment on this issue, and has also requested in the alternative that
if partial summary judgment is denied, the Commission sever the matter
from the remainder of the Petitioner's other requests contained in the
Petition and initiate ``an expedited hearing procedure.''
More specifically, the Petitioner requests the following NRC
actions on an expedited schedule: (1) That the NRC issue a Notice of
Violation against CEI for its failure to comply fully with the
obligations under the Antitrust License Conditions; (2) that the NRC
require CEI to submit a timely reply admitting or denying that CEI is
in violation of these obligations, setting forth the steps it is taking
to ensure compliance with the Antitrust License Conditions, and
providing other compliance information required by the NRC; (3) that
the NRC direct CEI to comply immediately with the portions of the
Antitrust License Conditions at issue, including requiring CEI to
withdraw immediately from the Federal Energy Regulatory Commission
portions of its filings in Docket No. ER93-471-000 that are
inconsistent with the Antitrust License Conditions, to withdraw the
$75.00/KW-month ``deviation charge'' from the rate schedules, and to
withdraw that portion of the ``Agreement'' providing Toledo Edison
``highest priority'' treatment for its purchases of emergency power
from CEI; (4) that the NRC impose the maximum appropriate fines for
CEI's repeated violations of the Antitrust License Conditions; and (5)
that the NRC direct CEI to provide firm wheeling service during 1996 in
the amounts requested by the Petitioner in its August 11, 1995, letter
to CEI and in accordance with CEI's obligation under Antitrust License
Condition No. 3.
The Petition asserts the following as bases for the requests
enumerated above: (1) That CEI violated Antitrust License Condition No.
3 by refusing to provide firm wheeling service to the Petitioner; (2)
that CEI violated Antitrust License Condition Nos. 6 and 11 by entering
into a contract to provide Toledo Edison Company with emergency power
on a preferential basis; (3) that CEI violated Antitrust License
Condition No. 2 by failing to offer the Petitioner a fourth
interconnection point upon reasonable terms and conditions; and (4)
that CEI violated Antitrust License Condition No. 2 by unreasonably
burdening use of the existing interconnections through unilateral
imposition of a $75.00/KW-month ``deviation charge.'' The Petitioner
asserts that expedited action is by the Commission appropriate and
necessary because of the ``ongoing, intensive, and unique door-to-door
competition'' in which the Petitioner and CEI are engaged and that CEI
stands to gain enormously, and the Petitioner to lose by equal measure,
for each day that CEI refuses to comply with its license condition
obligations. The Petitioner also expresses concern that expedited
action by the Commission is required by reason of the Petitioner's 40
MW power purchase from Ohio Power Company to be supplied to the Medical
Center Company scheduled to begin by September 1, 1996, which will
require wheeling by CEI.
The Petition has been referred to the Office of Nuclear Reactor
Regulation for action in accordance with 10 CFR Sec. 2.206. The request
for partial summary judgment, the consideration of which is not
provided for under 10 CFR Sec. 2.206, is accordingly not being
considered, as described in a letter dated March 4, 1996. The request
for an expedited Director's Decision that would implement the requested
actions was also denied in that letter.
As provided by 10 CFR Sec. 2.206, the NRC will take appropriate
action on the Petitioner's requests, other than Motion for Partial
Summary Judgment, within a reasonable time.
A copy of the Petition is available for inspection at the
Commission's Public Document Room at 2120 L Street, NW., Washington,
DC, and at the local public document rooms for: Perry Nuclear Power
Plant--Perry Public Library, 3753 Main Street, Perry, Ohio; and Davis-
Besse Nuclear Power Station--Government Documents Collection, William
Carlson Library (Depository) University of Toledo, 2801 West Bancroft
Avenue, Toledo, Ohio.
Dated at Rockville, Maryland this 4th day of March 1996.
For the Nuclear Regulatory Commission.
William T. Russell,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 96-5496 Filed 3-7-96; 8:45 am]
BILLING CODE 7590-01-P
