[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