ML19329D364

Responds to Jh Leonard Re Issuance of Facility Cp.Cp Authorized by ASLB After Public Hearing Held on Matter.Cp Docs Not Authorize Facility Operation & Does Not Guarantee OL Issuance.Forwards CPPR-80.W/o Encl

ML19329D364
Person / Time
Site:	Davis Besse
Issue date:	06/11/1973
From:	Engelhardt T US ATOMIC ENERGY COMMISSION (AEC)
To:	Leonard J AFFILIATION NOT ASSIGNED
Shared Package
ML19329D365	List: ML19329D364 ML19329D366
References
NUDOCS 8003050959
Download: ML19329D364 (2)

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• JUN 1 1 18U John Harrow Leonard, Esq.

205 North Main Street Kudson, Ohio 44236 l

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In the Matter of The Toledo Edison Company and The Cleveland Electric Illuminating Company (Davis-Besse Nuclear Power Station)

Docket No. 50-346

Dear Mr. Leonard:

This is in response to your letter to the Atomic Energy Commission dated May 9,1973, regarding the captioned matter.

On March 24, 1971, the Commission issued to the above identified utilities Construction Permit No. CPPR-80. The issuance of this permit was au-thorised by an Atomic Safety and Licensing Board after a full public hearing on the application for the permit. The permit authorizes the joint licensees to construct the station including the foundation, and to acquire and install all necessary equipament. The construction permit does not, however.

authorise operation of the Station. A copy of the construction permit is enclosed for your information.

The Davis-Besse Station may not be operated until an operating license is issued by the Commission. Such a license has not yet been issued, although the captioned utilition have applied for one. On April 30, 1973, the Coma-mission published a notice in the Federal Register regarding the captioned matter entitled " Receipt and Consideration ofIssuance of Facility License; Opportunity for Hearing * (38 F.R.10661). A copy of that Notice is enclosed for your information.

The issuance of the construction permit does not automatically mean that an operating license will be issued. Before such a license is issued, the Commission must be satisSed that the facility as constructed can operate safely. This determination can be made only after an extensive review of W3050$$f g

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the application for an operating license. If, after such a review, the Com-

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mission determinee that the facility can operate safely, and makes the Endings required by the Commission's regulations 10 CFR Part 50, an opereting license..

can be issued for the facility. A copy of Part 50 is also enclosed for your.'~,~~.a.

information.

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q If I can be of further assistance, please feel free to contact me.

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%ix-jkd Sincerely, f.- 9,a Thomas F. Engelhardt Chief Hearing Counsel

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Enclosures:

C, NS-a Constructson Permit No. CPPR-80 "iMOC 38 P'.R.10661 T"

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10 CFR Part 50 ADfjt.y a.x - -

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