ML19295E791
| ML19295E791 | |
| Person / Time | |
|---|---|
| Site: | 05000548 |
| Issue date: | 12/03/1980 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012080507 | |
| Download: ML19295E791 (4) | |
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UNITED STATES OF A" ERICA fiUCLEAR REGULATORY CO:' MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the flatter of
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0:'AHA PUBLIC POWER DISTRICT
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Docket No. 50-548
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(Fort Calhoun Station, Unit 2)
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CERTIFICATE OF SERVICE I !.eceby certify that copies of "NRC STAFF'S RESPONSE TO REQUEST FOR WITH-CE?'..'AL OF APPLICATION" and "f;0TICE OF APPEARANCE" for Sherwin E. Turk, in the above-captioned proceeding have been served on the following by deposit in the United States mail, first cl?ss, or, as indicated by an asterisk, through deposit in the Nuclear Regul story Commission's internal mail system, this 3rd day of December, 1980:
Robert M. Lazo, Esq., Chairman
- Omaha Public Power District Atomic Safety and Licensing Coard 1623 Harney Street U.S. Nuclear Regulatory Commission Omaha, f1E 68102 Washington, DC 20555 Margaret R. A. Paradis, Esq.
Dr. Em eth A. Lueble*
LeBoeuf, Lamb, Leiby & MacRae Atomic Safety and Licensing Board 1333 New Hampshire Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20036 Uashington, DC 20555 Atonic Safety and Licensing Board Dr. Quentin J. Stober Panel
- Fisheries Research Institute U.S. Nuclear Regulatory Connission University of Washington Washington, DC 20555 Seattle, WA 98195 Atomic Safety and Licensing Appeal Enett Pogert, Chairman Panel (S)*
'lashington County Board of U.S. t;uclear Regulatory Cc.caission Supervisors Washington, DC 20555 Courthouse 16th & Col fex Streets Docketing and Service Section (7)*
Clair, NE 63008 Office of the Secretary U.S. Nuclear Regulatory Cormission Harry H. Voigt, Esq.
Washington, DC 20555 LcBoeuf, Lamb, Leiby & MacRae 1333 i;cw Hamoshire Avenue, N.W.
Uashington, DC 20036
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}{Q f k O
Sherwin E. Turk Counsel for NRC Staff 8 4L2489597
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COP'.ISSION BEFORE THE ATCMIC SAFETY AND LICENSING BOARD In the Matter of
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0"AHA PUBLIC POWER DISTRICT
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Docket No. 50-548
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(Fort Calhoun Station, Unit 2)
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NRC STAFF'S RESPONSE TO RE_ QUEST _F_0R_ WITHDRAWAL OF APPLI_CATIOjj On November 14, 1980, Applicant Omaha Public Power District filed its
" Request for Withdrawal of Application" (" Request") in this construction permit proceeding.
In its Request, the Applicant noted that over two years ago it had asked the Atomic Safety and Licensing Board (" Licensing Board") to " hold in abeyance further proceedings with respect to the appli-cation for a construction permit" for the Fort Calhoun Station, Unit 2, and that it had "now determined that no useful purpose will be served by continuing this proceeding, that its application should be withdrawn, and that the proceeding should be terminated" (Request, at 1).
Further, the Applicant requested that this withdrawal be "without any prejudice to Applicant or its right to apply for utilization facility licenses at a future date" (id. ).1/
1 Applicant further requested that "all documents or infoimatioi, sub-mitted... in connection with the application, which Applicant or its contractors have sought to have withheld from public disclosure ptrsuant to 10 CFR 5 2.790, continue to be withheld from public dis-closure" and that Applicant be notified of any determination not to withhold such documents or information in the future (Request, at 2).
The Staff does not oppose this request, to the extent that (a) the materials sought to be protected from disclosure were submitted in accordance with the provisions of 10 CFR S 2.790, and (b) a determi-nation has been or nay be made by the Commission that those materials warrant non-disclosure, in accordance with 10 CFR 5 2.790.
.. The Staf f notes that a notice of " Hearing on Application for Construction Pcrnit" was published in the Fj deral_ Register _ upon receipt of the appli-cation and the related environmental report.2_/ Accordingly, withdrawal of the application may only be on such terms as the presiding officer may prescribe.
10 CFR s 2.107(a).
The Staff further notes that since neither a Limited Work Authorization nor a construction permit was issued for this application, no site,/ork was performed by Applicant to date, and redress of the site therefore is not required.
Accordingly, the Staff does not object to the Applicant's Rc o,uest, and has not determined that any particular conditions should attach to the withdrawal of this application.
Respectfully submitted, llGy[.) { -fuk Sherwin E. Turk Counsel for NRC Staff Dated at Bethesda, Maryland this 3rd day of December,1980
-I 41 Fed. Reg. 7595-9 7 ( Feb.19,1976).
UNITED STATES OF A" ERICA NUCLEAR REGULATORY CO:'dISS10N BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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0".AllA PUBLIC POWER DISTRICT Docket No. 50-548
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(Fort Calhoun Station, Unit 2)
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NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned natter.
In accordance with 52./13(b),10 CFR Part 2, the following information is provided:
Name Sherwin E. Turk Address U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Uashington, DC 20555 Telephone Number Area Code 301 - 492-7445 Admissions United States Supreme Court United States Court of Appeals for the District of Columbia United States District Court for the District of Columbia District of Colunbia Court of Appeals flame of Party NRC Staff U.S. Nuclear Regulatory Commission Washington, DC 20555 1r)
Sherwin E. Turk Counsel for NRC Staff Cated at Bethesda, Maryland this 3rd day of December,1980