ML19257C212

Forwards ASLB 791227 Order Re Util Motion to Withdraw Application to Construct Facilities.Nrc Plans No Further Environ Review of Application

ML19257C212
Person / Time
Site:	New England Power
Issue date:	01/10/1980
From:	Ballard R Office of Nuclear Reactor Regulation
To:	Blanchard B, Galler S, Ochinero R COMMERCE, DEPT. OF, INTERIOR, DEPT. OF
References
NUDOCS 8001250260
Download: ML19257C212 (1)

Text

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UNITED STATES E

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JAN 10 1980 Docket Nos. STN 50-568 and STN 50-569 Environmental Statement Reviewers NEW ENGLAND POWER COMPANY WITHDRAWAL OF APPLICATION FOR CONSTRUCTION OF NEP 1 AND 2 Enclosed is a copy of an Order by the Atomic Saf ety and Licensing Board relating to New England Power Company's withdrawal of their application to construct NEP 1 and 2.

Accordingly, the U.S. Nuclear Regulatory Commission plans no further environmental review of this application.

Any comments submitted on the Draft Environmental Statement (NUREG-0529) issued in May 1979 (44FR32327, June 5,1979) will be maintained for at least six months at the NRC public document room at 1717 H. Street, N. W.,

Washington, D.C. and the local public document rooms at the Cross Mill Public Library in Charlestown and the University of Rhode Island Library in Kingston, Rhode Island.

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4-R nald L. Ballard, Chief Environmental Projects Branch 1 Division of Site Safety and Environmental Analysis

Enclosure:

ASLB Order dtd 12/27/79 1808 231 800nso g(9

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD j

Marshall E. Miller, Chairman 9 N) 9 C

Dr. Emmeth A. Luebke, Member

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Dr. Oscar H. Paris, Member e

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s In the Matter of

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NEW ENGLAND POWER COMPANY

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Docket Nos. STN 50-568

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50-569 NEP, Units 1 and 2

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ORDER RELATING TO MOTION OF APPLICANTS TO WITHDRAW THEIR APPLICATION The New England Power Company (Applicants), acting for itself and a number of other utilities, filed an application for construction permits for two pressurized water reactors, designated NEP 1 and 2, on July 30, 1976 (40? Fed. Reg. 30538 and 41 Fed. Reg. 44763).

The proposed site for NEP 1 and 2 was an abandoned Naval Auxiliary Land Field (NALF) located in Charlestown, Rhode Island.

At the time the application was filed, the proposed site had not been acquired by the Applicants.

Disposition of NALF as surplus Federal property was the responsibility of the Administrator of the U.S. General Services Administration (GSA) under the provisions of the Federal Property and Administrative Services Act, 40 U.S.C.

471.

On October 12, 1976, the Nuclear Regulatory Commission (N.R.C.) published in the Federal Register a Notice of Hearing 1808 232

, s on Application for Construction Permits (41 Fed. Reg. 44761).

Subsequently more than 30 individuals and organizations petitioned for leave to intervene, and by Orders dated January 7 and Septem-ber 15, 1977, this Board admitted 21 intervening parties and accepted over 50 contentions.

In November and December, 1977, several intervenors moved to suspend all licensing proceedings pending the final resolution of the question of ownership of the proposed site.

The Applicant =, with the support of the N.R.C. Staff, urged the Board to go forward with the proceeding and allow discovery on contested issues which did not depend upon site-specific informa-tion.

In its Order dated February 21, 1978, this Board denied the motions to suspend, but it also rej ected a proposal by the Appli-cants to commence discovery at cnce, Instead, the Board noted the importance of the DES and SER, which had not been issued by Staff, and ordered that the period for discovery should commence after both the DES and SER had been issued.

In a motion dated June 29, 1979, we were advised by the Applicants that the Acting Administrator of GSA had decided not to sell the NALF site to the Applicants.

The Applicants requested that we continue the matter on the N.R.C. 's docket while it sought review of the GSA decision.

The N.R.C. Staff announced, on June 30, 1808 233

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' 1979, that it was suspending its environmental review of the NEP 1 and 2 application pending the outcome of the Applicants' appeal of the GSA decision.

This development in effect placed our proceeding on hold, and the Board decided that further action by it was unnecessary until circumstances changed.

On December 17, 1979, the Applicants filed a motion to withdraw their application because the Board of Directors of the New England Power Company had voted to cancel NEP 1 and 2.

The N.R.C. Staff answered the motion December 21, 1979, stating that it did not oppose.

No responses were received from other parties.

Good cause having been shown, and no obj ections. having been made, the Applicants' motion to withdraw their application is granted.

IT IS SO ORDERED THE ATOMIC SAFETY AND LICENSING BOARD Y

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Mt a-<.d Dr. Emmeth A.

Luebke, Member WL Dr. Oscar H.

Paris, Member Rh b ofh E!

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Marshall E. Miller, Chaiiman Dated at Bethesda, Maryland this 26th day of December, 1979 1808 234 4

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I DISTRIBUTION (Memo to Environmental Statement Reviewers--Docket Nos. STN50-568/569)

Docket File (ENVIRON)

NRC PDR Local PDR TERA (

NSIC EP-1 Reading HDenton HBerkow DMuller WRegan RBallard/PCota DVassallo MRushbrook MPA PA BScharf I&E (3)

OELD MSlater ACRS

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ASLB 1808 235 s

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