ML19340D342
| ML19340D342 | |
| Person / Time | |
|---|---|
| Site: | 05000524, 05000525, 05000526, 05000527 |
| 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 8012300356 | |
| Download: ML19340D342 (3) | |
Text
. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
0 12/24/80 g
u
,m ep i
8 UNITED STATES OF AMERICA cM NUCLEAR REGULATORY COMMISSION 7, W
'MM l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 5
?3
~3 S
In the Matter of
)
)
Docket Nos. 50-524 ALABAMA POWER COMPANY
)
50-525
)
50-526 (Alan R. Barton Nuclear Plant,
)
50-527 i
Units 1, 2, 3, and 4)
)
NRC STAFF'S RESPONSE TO APPLICANT'S REQUEST FOR WITHDRAWAL OF APPLICATIONS By letter dated December 5,1980, Applicant, Alabama Power Company, requested that the Licensing Board " formally acknowledge withdrawal of the applications for all units of the Barton Plant," pursuant to 10 CFR S 2.107.
Although not styled as such, Applicant's letter is, in essence, a motion for withdrawal of its application for construction permits for the Alan R.
Barton Nuclear Plant, Units 1, 2, 3 and 4 and, presumably, a request for termination of the proceeding involving those construction permits.
The application for construction permits were docketed on September 27, 1974 (39 Fed. Reg. 42708, December 6,1974) and a " Notice of Hearing on Application for Construction Permits" was published on December 6,1974 (39 Fed. Reg. 42707).
Pursuant to such notice, at least one individual filed a petition to intervene and was admitted as a party to the proceeding as was the State of Alabama.1/ Subsequently but prior to any hearing on the matter, the Applicant filed a motion to withdraw its applications for if See "First Prehearing Conference Order," February 25, 1975.
80128o0356 G-
units 3 and 4.2_/ The instant motion is the second filed by Applicant requesting withdrawal of the applications and encompasses the applications for all four units. To date, no safety or environmental hearings have been held on these construction permit applications and no authorization for site work of any kind had been issued.
As noted, a " Notice of Hearing.on Application for Construction Permits" was published for this proceeding in the Federal Register. Accordingly, under 10 CFR 5 2.107(a), withdrawal of the application may only be on such terms and conditions as the presiding officer may prespribe. Since neither Limited Work Authorizations nor construction permits have been issued for these applications, no site work has been performed by the Applicant to date and redress of the site is, therefore, not required. Consequently, the Staff does not object to the Applicant's request for withdrawal of its applications and has not determined that any particular conditions should attach to the withdrawal of the applications.
Respectfully submitted,
,h<:s
'M
(
ose P,.
Gra 1
Cou el for NRC S ff l
Dated at Bethesda, Maryland l
this 24th day of December,1980 2/ That motion, filed on December 23, 1975, was unopposed.
It appears that, to date, no action has been taken on the motion.
l DN"'""
^ ~ ~ " '
z,..._
, - ^ 7 ~# '_.]- - ( _ _
,j ' ] [" * '
' ' ~ " ~7" 7
f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket Nos. 50-524 ALABAMA POWER COMPANY
)
50-525
)
50-526 (Alan R. Barton Nuclear Plant,
)
50-527 o
Units 1, 2, 3, and 4)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO APPLICANT'S REQUEST I
FOR WITHDRAWAL OF APPLICATIONS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 24th day of December,1980:
Ivan W. Smith, Esq., Chairman
- Edward H. Keiler, Esq.
I,-i Atomic Safety and Licensing Board Keiler & Buckley U.S. Nuclear Regulatory Commission 9047 Jefferson Highway Washington, DC 20555 River Ridge, LA 70123 4 g Dr. Ernest O. Salo Atomic Safety and Licensing Board Professor, Fisheries Research Panel
- Institute, WH-10 U.S. Nuclear Regulatory Conunission College of Fisheries Washington, DC 20555 J
University of Washington 4
Seattle, WA 98195 Atomic Safety and Licensing Appeal Panel (5)*
Mr. Aubrey Godwin U.S. Nuclear Regulatory Commission State Health Office Washington, DC 20555 Department of Public Health P[
State Office Building DocketingandServiceSection(7)*
t i
Montgomery, AL 36104 Office of the Secretary l
U.S. Nuclear Regulatory Commission George F. Trowbridge, Esq.
Washington, DC 20555
.8 l
Shaw, Pittman, Potts & Trowbridge ji 1800 M Street, N.W.
Washington, DC 20036 6
Mr. James Ziegler b
3315B Fountain Lane l
Montgomery, AL 36111 i
-eph,. Giay j/
'd uns for NRC Maff
-