ML19224C776
| ML19224C776 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 05/29/1979 |
| From: | Lewis S, Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19224C777 | List: |
| References | |
| NUDOCS 7907060459 | |
| Download: ML19224C776 (2) | |
Text
May 29, 1979 C W LO.rEXT g UllITED STATES OF AtiERICA NUCLEAR REGULATORY C0i>1ISSI0tl 4, <ym,,
',3 BEFORE THE ATCMIC SAFETY AND LICEtiSING COARD i
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In the Matter of
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POWER AUTHORITY OF THE STATE
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Docket No. 50-549
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(Greene C unty fluclear Power
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NRC STAFF RESP 0tiSE TO POWER AUTHORITY OF THE STATE OF NEW YORK'S REQUEST FOR SUSPPiSI0tt OF PROCEEDING In a letter dated May 7,1979, the Power Authority of the State of New York (PASNY) applied to the Atomic Safety and Licensing Board for suspension of the proceeding pending before it until May 1,1980. The request was based upon PAS liY's ongoing atter.. pts to sell the assets in the Greene County Nuclear Power Plant. PASNY considers the record in this proceeding to be a considerable asset which could serve as an inducement to a potential purchaser, apparently on the theory that substantial portions of the record would not have to be relitigated upon the substitution of a new 6pplicant.
Without passing upon this theory, we would ncte that the replacement of PASNY with a new applicant would necessitate a de novo review of that entity's technical and financial qualifications. Additionally, based upon the opposition of the NRC Staff and the Staff of the Departments of Public Service and Environmental Conservatica to the siting of this facility at the proposed Cementon site it does not appear likely that any revised application would be for a facility at that site.
Other significant changes, which cannot be presently anticipated, may also occur before any revised application is '!!ed.
In short, it appears to the NRC Staff that any revised application in this docket would be significantly changed from the application now of CfT U g g record.
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Nevertheless, subject to the following understandings, the NRC Staff has no objection to the granting of PASNY's requested suspension.
First, the Staff would have to undertake a de novo review of any changed aspects of the application, as noted above. Second, as developed in the enclosed memorandum, certain safety matters previously considered resolved for this application would have to be reopened to consider the most current Staff positions growing out of ongoing Staff investigations. The specific determination of what safety standards would apply to a revised application would have to be established once such an application is received and is under review.
- Finally, we believe that this docket should be treated as inactive until PASNY either indicates on what basis the application should go forward or formally withdraws its application.
During this period there would appear to be nothing that could transpire before the Board and the Staff would discontinue sending the Board the various " notifications" that are transmitted to Boards in active proceedings.
To sumarize, the Staff has no objection to PASNY's requested extension subject to the understanding noted above.-1/
Respectfully submitted, Q
l h*W Stephen H. Lewis Counsel for NRC Staff 7 y,. 7
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( O Janice E. Moore Counsel for NRC Staff Enclosure Memo to GHCunningham from DBVassallo, dated 5/18/79.
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-1/ Althougn it is not determinative of our response to this motion, we note that the Presiding Examiner has also granted PASNY an extension (until October 16, 1979) to report on its plans concerning the State docket.