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power contracts. The only reference to the operating license in
the power contracts was to a general standard of operation and
maintenance that was “in accordance with good utility practice
and all applicable law, including the applicable provisions of
the Atomic Energy Act of 1954, as amended, and of any licenses”.
This general standard of operation and maintenance, without more,
does not incorporate the operating license, or amendments or
appendices thereto, into the power contracts.
The operation of the plant was subject to many laws and
regulations. For any changes that petitioner wanted to make in
its plant equipment or operations, it had to submit an
application for an amendment to its operating license to the NRC.
Petitioner’s application was then subject to the review and
approval of the NRC. Thus, the operating license and amendments
and appendices thereto resulted from internally generated
documents that were submitted to NRC by petitioner for approval.
The purpose of the NRC was to oversee nuclear power plants,
protect the health and safety of the public, and assure
compliance with the law. NRC did not initiate or require
petitioner to make modifications to its plant equipment or
operations.
The operating license was not prepared contemporaneously
with the power contracts. The power contracts were entered into
on May 20, 1968, and the operating license was issued on
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