ML19209C784
| ML19209C784 | |
| Person / Time | |
|---|---|
| Site: | 05000484 |
| Issue date: | 08/30/1979 |
| From: | Jenny Murray NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19209C780 | List: |
| References | |
| NUDOCS 7910180297 | |
| Download: ML19209C784 (1) | |
Text
...
.~
an argq o
UNITED STATES y
g c
g NUCLEAR REGULATORY COMMISSION y
5' L E WASHINGTON, D. C. 20555 o
%...../
August 30, 1979 MEMORANDUM FOR: Harold R. Denton, Director Office of the Nuclear Reactor Regulation FROM:
James P. Murray Office of Executive Legal Director
SUBJECT:
REQUEST BY BADGER SAFE ENERGY ALLIANCE FOR REVOCATION OF TYRONE CONSTRUCTION PERMIT By petition dated August 15, 1979, Richard Ihrig, on behalf of the Badger Safe Energy Alliance, Inc., requested under 10 CFR 2.206 that the construction permit granted to Northern States Power Company for Tyrone Energy Park be revoked in light of the Applicants' stated decision to cancel the project.
This office will work with your staff to develop an appropriate response to the petition under 10 CFR 2.206. Enclosed for yotir use Are drafts of:
1.
A letter of acknowledgment to the Badger Safe Energy Alliance; and 2.
A notice of receipt of request for publication in the Federal Recister.
If these drafts are not changed, they need not be returned to this office for concurrence. However, please provide us with a copy of the outgoing letter and notice and refer other correspondence related to this matter to this office for concurrence. Also, please inform us who your staff contact on this matter will be.
k e
[JaIne~s P. Murray
' Director and Chief ounsel Rulemaking and Enforcement Division
Enclosures:
As Stated Above l!7b
}.-lD Petition CONTACT: Karen Cyr x 27496 77P180 M
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE DIRECTOR OF NUCLEAR REACTOR REGULATION in the Matter of NORTHERN STATES POWER COMPANY, ET. AL.
Docket STN 50-484 (Tyrone Energy Park, Unit 1)
REQUEST SY BADGER SAFE ENERGY ALLLANCE, INC., FOR REVOCATION OF CONSTRUCTION PERMIT
- 1. Pursuant to 10 CFR 52.202, Badger Safe Energy Alliance, Inc. (BSEA), requests the Director of Nuclear Reactor Regulation to institute a proceeding to revoke the construction' permit granted to the applicants in the above : natter (the Tyrone Applicants) on December 23, 1977.
~
2,10 CFR 550.100 provides:
"A... construction permit may be revoked...
for f ailure to construct... a facility in accordance with the terms of the con-st ruction permi t."-
- 3. Attached as Exhibit A is an accurate copy of a news release issued by the Tyrene Applicants on July 24, 1979, stating their intentien not to construct Tyrene.
- 4. Attached as Exhibit B is an accurate copy of a letter f rom Arthur V.
Dienhart to H.R. Denton requesting the Office of Nuclear Reactor Regulation to terminate further action in this decket.
- 5. Attached as Exhibit C is an accurate ecpy of a letter f rem legal counsel to the Tyrone Applicants to the chairmen of the Atomic Safety and Licensing Scard and Atomic Safety and Licensing Acceal Scard assi ned te this decket requesting 5
termination of furtner action in this decket.
SA. A ttacned as Exhioi t C-1 jg,g accurate copy Of a memorandum issued oy the $
Tyrene Atcmic Safety and LicensincA5 card witn respect to the request of counsel refer ed to in caragrach 5 of thi's filing.
C 7908240EM j
\\
or 116 P
pu adp. i c y
- 6. In order to construct Tyrone it is necessary for the Tyrone Applicants to obtain a certificate of public convenience and necessity from the Wisconsin Public Service Commission. On March 6,1979, the Wisconsin Public Service Commission denied the application by the Tyrene Applicants for such a certificate of public convenience and necessity. This decision of the Wisconsin Public Service Connission was appealed by the Tyrone Applicants to a Wiscensin ecurt of ccmpetent jurisdiction. Attached as Exhibit 0 is an accurate copy of Notice of Motion and Motion filed with such court by legal counsel to the Tyrone Applicants requesting an order dismissiong such appeal en its merits with pre-judice. Attached as Exhioit E is an accurate copy of tne order of such court dismissing such appeal on its merits with prejudice.
- 7. BsEA is a Wisconsin non-stock corporation formed for the purpose of opposing construction of Tyrone and associated transmission lines.
Its members include persons who live on or near the site of the proposed plant and who own land within the corridors of proposed transmission lines associated with the preposed
- plant, in addition BSEA's members include persons living within 50 miles of the site of the preposed plant. The members of BSEA would be adversely affected by construction of Tyrone.
~$ i # '
'L' Dated: Augus t 15, 1979 R i cha rd Ihrig Attorney for Badger Safe Ent-Alliance, Inc.
875 Summit Avenue St. Paul, Minnesota 55105 612-227-9171 1178 1i7
EWS R
NORTHERN STATES POWER COMPANY
~
414 NIC O LLET MALL. MINNEAPOLIS. MINN. 55 401 FOR ADDITICNAL INFCRMATION CONTACT:
Beth Allen Communications Representative 612/330-7679 FOR IMMEDIATE RELEASE 7-24-79 TYRCNE ENERGY PARK CANCELLEE Co-cwners of the proposed Tyrone Energy Park tcday can-celled the 1,100-megawatt nuclear power plant planned for western Wisconsin.
"We believe that it will not be possible to license and build the project in time to meet the needs of our customers,"
said Don McCarthy, Northern States Power Co.-Minnesota board chairman and president.
McCarthy made his cccments at a news ccnference today, after the project's cc-owners voted to cancel the unit.
Co-owners of the project and their participation NSP-Wisconsin Co.
cf Eau Claire, Wisc., 67.6 percent Cooperative Power Asso-ciatien of Edina, Minn., 17.4 percent: Dairy 1.and Power Cooperative of La Crosse, Wisc., 13 percent; and Lake Superior District Powcr Co. cf Ashland, Wisc., two yrcent.
"The co-cwners believe that Tyrcne cannot be licensed in the 1980s and that other optiens must be pursued to insure an ade-gaate supply of electricity," McCarthy said.
He added that NSP-Wisconsin has proposed a 650-megawatt coal-fired plant to be lo-
...mcre...
1178 118 k s l : v.2 r\\
t i
cated in western Wiscon.ein.
It is scheduled to be in service in 1987.
Dairylsnd Power Cooperative also is planning a 650-megawatt coal-fired unit in Wisconsin.
Both projects are subject to regu-latory approvals.
The main reason for the Tyrone cancellation is the March 6 denial of the project by the Public Service Commission of Wiscon-sin.
A month later, the co-owners filed an appeal of that order in Eau Claire County Circuit Court.
"However, even with a suc-cessful court aopeal, the co-owners believe a 1966 in-service date could not be met," McCarthy said.
The March accident at the Three Mile Island nuclear plant in Pennsylvania was considered by the co-owners in making the decision.
" Gener a lly, the accident has increased the uncertainties about the future of nuclear power," McCarthy said.
"The se 'uncerta inties make it less likely that the Tyrone project could be licensed in a timely fashion."
McCarthy emphasized that the company is still committed to nuclear power and that "Tyrone represents the most econcmical and best method of meeting the needs of our customers.' There is no question in cur minds that nuclear power plants are safe, depend-able and economical.
However, if nuclear plants cannot bc licensed in a timely fashion, another option must be pursued," he added.
The project's co-owners share a total financial commitment estimated at $105 million for the project.
NSP's estimated $80 million pcrtion includes about S40 millicn spent to date on the project and en additional.S40 million ccmmitment for contracted equipment.
...more...
-3 As the Tyronc ccnec11ation occurred in 1979, McCartay said it is appropriate thzt a write-of f of the loss begin in 1979.
A five-year amertisation plan is anticipated.
McCarthy said the company will include Tyronc cos ts in futuce rate filings.
"However, we do not contemplate any increases in the rates in 1979, despite the paid by our Minnesota or Wisconsin customers Tyrone write-off," McCarthy said.
He explained that rate cases o
are not determined by one item of expense but upon the accumula-tion of all costs.
That accumulation currently is not sufficient to warrant a rate increase.
NSP's last Minnesote electric rcte increase went into effect in June 1977.
"NSP is a highly regulated company in which the financial in benefits of successful operation are passed on to customers their electric rates.
Consequently, it is appro,oriate to pass on Tyrone losses since they were incurred in good f aith through prudent activities," McCarthy said.
"Overall, the write-of f would amount to about S3.80 annually for the typical Minnesota residential customer over the five-year period.
of course, the ultimate ef fect on customer bills will be determined by the appropriate regulatory authoritics.
"In any event, we still don't expect NS P' e eleutric ra tes to increase, on average, any more than the general inflation rate over the next five years," McCarthy said.
The Tyrcne project began in 1973 when NSP announced plons to construct a nuclear pcwer plant a t the Dur and, Wisc., site.
The federal Nuclear Regulatory Ccmmission issued a construction permit fcr the project in December 1977.
Mcwever, the state permit for the project was denied last March.
I178 120
-444-
N NORTHERN 5TATES PQWER CQMPANY E.A U CL.AIN E. WISCO,s &dM 3470,
^"!':Y."!.:.1'."""..^.".'..
July 26, 1979 NUiRC - 83 Mr H R Denten, Director Office of Nuclear Reactor Regulation U S Nuclear Regulatory Coianissicn Washington, D C 20555
Subject:
TYRONE ENERGY PARK E-7470 Decket No. STN 50-484 Dear Mr Centen On July 24, 1979 Northern States Pcwer Company announced a decision by the co-owners of Tyrone Energy Park to cancel the project. The co-owners concl: dcd that the consequences flowing frem the denial of the project on March 6,19??
by the Wiscensin Public Service Comission would prevent the project from being placed in service en a schedule required by projected needs for power. A ccpy of a news release explaining the cancellation is attached.
In light of the decision to cancel the Tyrone Energy Park project, it is requested that the Office of Nuclear Reactor Regulatien terminate further action in this docket.
Yours very truly
& A&
W AVD/BAJ cc J E Arthur G Charnoff J P Madgett J G Keppler
} lM l K S Austin G L Koester 0 T McPhee J K Bryan T V Lennick N A Petrick Cn this 25th day of July,1979, before me a notary public in and for said Coun:y, perscnally appeared Arthur V Dienhart, Vice President, and being first duly sworn acknowledgec tnat he is authorized to execute this desument en behalf of Northern knows the contents thereof, States Pcwcr Com;;any, a 'disconsin corporation, that a and that to the best of his kncwledge, information, and belief, the stateNnts made in it are true and that it is not interposed for delay. m [ D oo _= . Aru 1: A AFE /eoe : Y
- .n, Rccert i r.essian I
RCEERT E. HESSIAN t Notary Public, Hennepin County, Minnesota i '""'Ljg g ya j g I
- * - w a n, m w, a n :. 3, o 5 W '.
.<A-My Ccar.issien Expires May 15, 1983 he -- [,< In.blI 3 ~7 9 9 7 C / 6 / [
- a. n e
S H Aw, PITTM AN, PoTTs & TROW S RI DG E 18 0 0 M STRCC*e N. W. W AS ve t N GTO N e C.C.2CC36 <aan w-- *a ..se..-. ... s.. u.vas. ,e.....c-..c6. -sc. ,nce.... ..w --... .... c.e2 e....oae .c. v. n.~s. 'e.2. 2.".'" ' *.', '. '%...".',2.".7 e.'."f.'" n a e a....... s a.... a .. u u..=...,.. e... ..s... ..,. c...u..... ,c6c= ..c ...,e c. ..c
- "M..* i r '<"a, "f.;.*
l
- -***2'*-----**-'
t.,' ".P.e.e ';.".t...f.'.** .c.. .so. . c . u. .s.... ..c c. sc,.. e .... u e -, .w E n.se 4,. e c.=.....
- ...,m......
.....a. e. 8.C3..s.af.TLt. ,C.v sse.me, gwc..se .h. 6 0. O.. c.Q. 6.se O en.C O.3se e g g.C..C.C". w O6 46E se C Ow en. g 6 es f.e.e w.g ne. we
- 64.
- wt..
.O t..se g.a, egg.ee a 6 se a vu s.. c, C as .C oo .6.. g.. w. g se sC* .. C ee g. es..... C gC-so.w C .dk A. A so.wCT w.CE Pue,e w s es E c es
- s..ec e s.e..e.c...
. C h.3.C oe..
- C s. E.6 a,,.
s oc.w.c. e. u...e... Julv 25, 1979 m c PQas.4 bC as.., s.es t 4 Richard S. Sal --=, Esquire Ivan W. Smith, Esquire Chairman Chairman Atemic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.Se Nuclear. Regulatory Co " ssion U.S. Nuclear Regulatory Cccmission Washington, D.C. 20555 Washington, D.C. 20555 In the Matter of Northern States Pcwer Company, et aI. (Tyrone Energy Park, Unit 1) Decket No. STN 50-484 Gentle =en: Please find enclosed a copy of a news release issued on July 24, 1979, by Northern States Power Company, 4hich announces a decision by the co-cwners of Tyrone Energy Park to cancel that project. Pending before the Atcmic Safety and Licensing Scard in this =atter is the rema.2 ordered by the Atomic Safety and Licensing Appeal Scard in ALA3-464, 7 N.R.C. 372 (1978). Also pending before the Appeal Board in this docket is a prcceeding to determine the consequences of radicactive raden gas releases attributable to the mining and millia; of uranium fuel and to factor the resul into the NEPA cost-benefit analysis for the nuclear power f acili-ties in this and a n
- er of other dockets.
See Philadelphia Electric Ccmpany, et al. (Peach 3cttom Atomic Pcwer Station, Un:.ts 2 and 3), et al., ALA3-480, 7 N. Rec. 796 (1973); A*A3-509, 8 N.R.C. 679 (1973); ALA3-540 (April 25. 1979). $M b 7908240559 I I EL Lt C 1,178 122
~ SH AW, PITTMAN, POTTS & TROW 8 RIDG E Richard S. Sal:: man, Esquire Ivan W. Smith, Esquire July 25, 1979 Page Two In light of the decision to cancel the Tyrone Energy Park project, we respectfully request the Atomic Safety and Licensing Appeal Board to terminate the further proceedings which it has ordered in this docket. Respectfully suhmitted, ~ 1F~, Themas A. Baxter Counsel for Pe.. J.ttees TAB:jah Enclosure cc: Service List U 78 123
~ UNITED STATES OF MtERICA NUCLEAR REGULATORY CCMMISSION ATCMIC SAFETY AND LICENSING APPEAL BCARD Richard S. Salzman, Chairman Michael C. Farrar Dr. W. Reed Johnson ) In the Matter of ) ) NORTEERN STATES PCWER CCMPANY, g A. ) Docket No. STN 50-484 J ) i 'yrone Energy Park, Unit 1) ) ) MEMORANDUM July 26, 1979 We have been advised by counsel that the co-applicants have cancelled their plans to construct the Tyrene nuclear facility and, accordingly, we have been requested to terminate proceedings involving the facility. In the absence of any objections, we shall enter an order to that effect in thirty days / FOR THE APPEAL BOARD b bT C. Jeap 31 shop Secretary to the Appeal Board 1i78 124
- /
Copies of this Memorandum have been sent to the parties tc the proceedings conselidated for hearing. the raden issue. See ALA3-540, 9 NRC (April 25, 1979). 790 8 2 40f53 E k4 i-C-L 2,! n w o = a 1L ~
3 ATE CT WISCCNSIN C:RCUIT C %RT GU C'.'.! hE C.*.' NCRTMERN STATES PC)CR CCMPANY, 4 Wiscensin corporation. MXE SUPERIOR DISTRIO PCW7.R CCMPANY, a Wiscosisin sorporation, C::CPERATTIE PCWER ASSOC:AT:CN, a Minnesota association, i CAIRY'.M3 PCh7.R CCCPERATT/E, t wiawe4.in ama.Liva.. NJUCE W A/1". A AND lM N. Petitioners, Casc No. 79 CV 173 vs. PUS:. C SCRVICE CCMMISSICN, Respondent. Please take Notice that on August 7, 1979, at 13:00 a.m.. before the rionorable Lewas J. Charles, Reserve C3rcuit.h.J9c. En has Courtrm;m located in Eau Claire County Courthouse, Cau Clatro. Wisconsin, the petitioners will move the Court for an order dismissing the abovu-captioned proceeding with ;rejudice, pursuant to sac 5.04(21. Wisconsin Statutes. The respondent and/or any antervences will not bu pr.e; 41c.4 in any sucstantial right by a dismissal of thisgrocecdtng. A copy of a proposed order of dismassal is attached. WILCE'J R, VAN SICKir, Ahcr;het. NCRMAN & MARVn;Y, S.G. IY8 jN t y {f dalliam C. ;tarvey l () Jef f roy :.. L.andsman ( Attorneys for Petitioners 25 west m in atr6ut Suito 801 MadAson. Wisconsin 33703 (6CS) 255-7:77 Shaw, Pittman. Potts & Trowuriayo 1300 M.
- Street, N.W.
hashington, C.C. 20C36 e 1178 125' t E5.Lck.t D
STATE CT WISCONSIN C CJIT COCR* EAC C-J1RI CCCN"T NCRTHERN STA*ES PC%T.R CCMPANY a wisconsin corporation, IJutZ s'JPEA:CR DIS *RICT PCWER CCMFANY, a Wisconsin cer,cration. I CCCPERATIVE PCh7.R ASSOCIATICN, s Minnesota association, CAIRY.AND PCWER COCPERATT,'E. CRCER CF DISM:SSA:, c.C'4eq'? a wisconsin association,
- etj'**c '
N' ae e .c. Petitioners, Case No. 79, 17 e g 5 ,1 8Q p vs. y k 078 r;n:.:C SERV:CZ Cam:SS:CN, Respondent. 'Ur w. The Petitioners herein having :noved this court for an order dismissing this ep.w al en its maries, vita pre.udice, and the matter having been noticed for hearing as required by law and the court havias been fully advised in the matter, ,Now, Therefore. It is Bereby Crdered that the above action be and the same hereby is dismissai en its serits, wit @ pre udice. Cated this ] day of
- 1979, o
By the Court a1 q P0r {y f> nn r 3= Lawns J. Char esf I M Cir ut Judge V 1178 126 l e m -}}