ML19340D340
| ML19340D340 | |
| Person / Time | |
|---|---|
| Site: | 05000463, 05000464 |
| Issue date: | 12/24/1980 |
| From: | Gray J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012300350 | |
| Download: ML19340D340 (4) | |
Text
.
12/24/80 i
UNITED STATES OF AMERICA 3
NUCLEAR REGULATORY COMMISSION Q
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Q
In the Matter of
)
l
)
n e
PHILADELPHIA ELECTRIC COMPANY
)
Docket Nos. 50-463 r
S
)
50-464 U
i$
(Fulton Generating Station,
)
Units 1 and 2)
)
NRC STAFF'S RESPONSE TO REQUEST FOR WITHDRAWAL OF APPLICATI6N On December 5,1980, Applicant Philadelphia Electric Company filed, pursuant to 10 CFR S 2.107, a " Motion '
fithdraw Application and to Termi-nate Proceedings" (Moticn) in the captioned proceeding.
In its Motion and the letter to the Director of Nuclear Reactor Regulation attached thereto, the Applicant seeks to withdraw without prejudice its application for an 1/ or the Fulton Generating early site review and construction permit f
Station, Units 1 and 2 and to have the proceeding terminated.
As noted, a " Notice of Hearing on Application for a Construction Permit" was published for this proceeding in the Federal Register.
Accordingly, 1/ n application for construction permits was filed on July 3,1973 and A
a " Notice of Hearing on Application for a Construction Permit" was published on December 14, 1973 (38 Fed. Reg. 34484).
Pursuant to such notice, a number of persons or groups filed petitions to intervene and were admitted as parties to the proceeding, as were the States of Pennsylvania and Maryland.
On September 17, 1975 and February 19, 1976, prior to the commencement of hearings on the construction permit application, the Applicant in-formed the Licensing Board that its nuclear steam supply system vendor l
would no longer proceed with work related to the Fulton facility. The proceeding then assumed a suspended, inactive status until December 29, 1978, at which time the Applicant filed Amendment No. 32 to its con-struction permit application, seeking an adjudicatory early site suit-ability review for the Fulton site pursuant to 10 CFR 5 2.101(a-1) and Subpart F to 10 CFR Part 2.
To date, no hearings have been held on either the construction permit application or the adjudicatory early i
site review sought by the Applicant and no authorization for site work of any kind has been issued.
l' 8012300 350
<~L
._-,.a.
2-1 under 10 CFR S 2.107(a), withdrawal of the application may only be on such terms and conditions as the presiding officer may prescribe. Since neither a Limited Work Authorization nor a construction permit was issued for the i
application, no site work has been performed by the Applicant to date and redress of the site is, therefore, not required. Accordingly, the Staff does not object to the Applicants' request for withdrawal of application i
and termination of the proceeding, and has not determined that any parti-cular conditions should attach to the withdrawal of the application.
Respectfully submitted, hf,s%
i sep R. Gray ounsel for NRC Staf Dated at Bethesda, Maryland this 24th day of December,1980 d
I l
l l
L-**'
't
m j
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PHILADELPHIA ELECTRIC COMPANY
)
Docket Nos. 50-463
)
50-464 (Fulton Generating Statior.,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO REQUEST FOR WITH-DRAWAL OF APPLICATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, firs.t class, or, as indicated by an asterisk, through deposit in the Nuclear. Regulatory Com-mission's internal mail system, this 24th day of December,1980:
Mr. Hugh K. Clark, Chainnan Eugene J. Bradley, Esq.
Atomic Safety and Licensing Board Philadelphia Electric Company P.O. Box 127A 2301 Market Street Kennedyville, MD 21645 Philadelphia, PA 19101 Dr. Donald P. deSylva Dr. A. Dixon Callihan Associate Professor of Marine Union Carbide Corporation Science P.O. Box Y Rosentiel School of Marine and Oak Ridge, TN 37830 Atmospheric Science University of Miami Donald P. Irwin, Esq.
Miami, FL 33149 Michael W. Maupin, Esq.
l George C. Freenan, Jr., Esq.
Mr. Gustave A. Linenberger*
Hunton & Williams Administrative Judge P.O. Box 1535 Atomic Safety and Licensing Board Richmond, VA 23212 U.S. Nuclear Regulatory Commission Washington, DC 20555 Honorable Frank R. Clokey Special Assistant Attorney General Lawrence Sager, Esq.
Commonwealth of Pennsylvania Sager & Sager Associates Towne House Apartments, Room 219 45 High Street Harrisburg, PA 17602 Pottstown, PA 19464 Gilbert G. Malone, Esq.
York Committee for a Safe Ports, Beers, Feldmann & Malone Environment 145 East Market Street l
Dr. Chauncey R. Kepford York, PA 17401 433 Orlando Avenue State College, PA 16801
~_
1._
. 1 Theodore A. Adler, Esq.
Jean Royer Kohr, Esq.
Widoff, Reager, Selkowitz Minney, Mecum & Kohr
& Adler 150 E. Chestnut Street P.O. Box 1547 Lancaster, PA 17602 Harrisburg, PA 17105 Mr. George Hough Edward F. Lawson, Esq.
R.D. #2 Special Assistant Attorney General Peach Bottom, PA 17563 Department of Natural Resources Tawes State Office Building Paul K. Allison, Esq.
Annapolis, MD 21401 Allison & Pyfer P.O. Box 1588 Executive Director Lancaster, PA 17604 Susquehanna River Basin Commission Atomic Safety and Licensing Board 1721 N. Front Street Panel
- Harrisburg, PA 17102 U.S. Nuclear Regula. tory Commission Washington, DC 20555 George L. Boomsma Save Solanco Environment Atomic Safety and Licensing Appeal Conservation Fund Panel (5)*
P.O. Box 64 U.S. Nuclear Regulatory Commission Quarryville, PA 17566 Washington, DC 20555 James A. Humphreys, III Docketing and Service Section (7)*
Barley, Snyder, Cooper & Barber Office of the Secretary 115 E. King Street U.S. Nuclear Regulatory Commission Lancaster, PA 17602 Washington, DC 20555 Mr. Walden S. Randall Riwrhill Farm R.D. #2 Holtwood, PA 17532 W
/
1
/
'?
JsefR.Grayd
/
ounsel for NRC St(ff
.