ML19345B930

Motion to Defer Ruling on Pending Petition for Significant Changes Until Jan 1981 & to Establish Schedule for Final Settlement Status Repts for Late Dec 1980. Certificate of Svc Encl

ML19345B930
Person / Time
Site:	Summer
Issue date:	11/21/1980
From:	Knotts J, Roberts E DEBEVOISE & LIBERMAN, SOUTH CAROLINA ELECTRIC & GAS CO.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-A, NUDOCS 8012020765
Download: ML19345B930 (5)

Text

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.^'w, UNITED ~ STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION

~ ~. ny In the Matter of:

I SOUTH CAROLINA ELECTRIC & GAS

)

COMPANY and

)

)

SOUTH CAROLINA PUBLIC SERVICE

)

~

4 Docket No. 50-395A AUTHORITY

)

)

(Virgil C.

Summer Nuclear

)

Station)

)

MOTION TO DEFER RULING ON PENDING PETITION FOR SIGNIFICANT CHANGE DETERMINATION AND TO ESTABLISH SCHEDULE FOR FINAL SETTLEMENT' STATUS REPORTS South Carolina Electric & Gas Company ("SCEGG"), mindful of the reference to 10 C.F.R.,S2.730 in the Commission's Order in the captioned matter dated October.31,.1980, submits this motion to defer ruling on the significant change matter and to' establish procedures for final settlement status reports.

The Commission faces a dilemma in this proceeding.

On the one hand, it is encouraged by petitioner Central and in-

.vited by the Department of Justice to take the step not taken in its June 30,.1980 Memorandum and Order in the captioned-matter, that is, to make the significant changes determination M which will set in motion a lengthy operating license antitrust J review, a step opposed by SCE&G, the Authority, and the NRC f/

Staff.

,Cht the. other hand, the timing of any such determination 80120.2:o 7gy fy,

. comes within approximately-six months of the fuel load date for the Summer facility (June - August, 1981).

Given

• the time necessary for an antitrust reivew by the Department of Justice (even assuming a somewhat truncatcc review),

• the time for public notice when an advice letter is recieved,

' the time for the submission of petitions to intervene and rulings thereon,

' the time for prehearing activities including discovery,

• the duration of a hearing,

• the time'for posthearing pleadings,

• the time for rendering an initial decision, and

' possible-stays of such a decision pending review within the agency, it would be simply ~ impossible to complete a second prelicens-ing antitrust review in this proceeding prior to scheduled fuel loading.

To further complicate matters, the principal grievance

.-of the petitioner and the relief sought by the petition seem primarily directed against the one-third owner of the facility (the Authority) and not against the two-thirds owner of the facility (SCE&G).

Another complication of the t

instant dilemma is that there are some indications that the

' Authority and the petitioner,-Central, may be able to i.

~

~3-settle their differences which would moot,.and lead to a.

negative. determination on, the question of significant changes in the licensees' activities.

SCE&G urges that procedures are needed to assure that a.

Commission decision on the significant' changes question is not made prematurely,-i.e., while there remains a real pcasibility of settlement leading to withdrawal of the pending petition i

and a negative significant change determination.

Hence, SCE&G moves the Commission to defer ruling on I

the significant changes question until January, 1981, and to 2

require status: reports from the parties on settlement discus-sions during the latter part of December, 1980.

This proposed i

schedule is consistent with the milestone date-in settlement-j discussions between the Authority;and Central of December 15,.

1980 adverted to in-the Authority's October 28, 1980 letter 4

(Morrison to Chilk) updating the status of settlement dis-

cussions, j

. Respectfully submitted,

\\

-,v.'

.y A t.7

• l Joseph B.

Knotts, Jr.

DEBEVOISE &;LIBERMAN 1200-Seventeenth Street, N.W.

Washington, D.C.

20036

' Edward Roberts General Counsel South Carolina Electric & Gas Company Post Office Box-764 Columbia, South Carolina 29202-

.'.ttorneys for South Carolina

- Date:

November 21,~1980 Gas & Electric Company

9 9

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION-In the Matter of:

)

)

- SOUTH CAROLINA' ELECTRIC & GAS

)

COMPANY and

)

)

SOUTH CAROLINA PUBLIC SERVICE

)

Docket No. 50-395A

~ AUTHORITY

)

)~

- (Virgil C.

Summer Nuclear Station, )

' Unit 1)'

)

CERTIFICATE OF SERVICE

- I hereby certify that copies of " Motion to Defer Ruling on Pending Petition for Significant Change Determination and to Pstablish Schedule for Final Settlement Status Reports" in the above-captioned matter, were served upon the following persons by deposit in the United States mail, first clas6 4

postage prepaid'this 24th day of November, 1980.

Chairman Ahearne Office'of-the Commission Samuel.J. Chilk Secretary of the Commission U.S. Nuclear Regulatory-U.S. Nuclear Regulatory Commission.

. Commission Washingtea.,

D.C.

20555 Washington, D.C.

. 20555-Commissioner Gilinsky-Docketing and Service Section Office of;the Commission Office of the Secretary U.S. Nuclear-Regulatory U.S. Nuclear Regulatory Commission Commission:

- Washington, D.C.

20555 Washington, D.C.

20555 Commissioner Hendrie Atomic Safety and Licensing Office'of the Commission-Appeal Board Panel

- U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission

- Washington, D.C.

20555 Washington, D.C.

20555 Commissioner. Bradford Atomic Safety and Licensing office of:the Commission Board-c

- U.S. Nuclear Regulatory U.S. Nuclear Regulatory-Commission-Commission-Washington,-D.C.. 20555 Washington,.D.C.

20555

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- 4 Jerome Saltzman, Chief George H.

Fischer,.Esq.

Utility Finance Branch Vice President and Group j

U.S. Nuclear Regulatory Executive -- Legal Affairs Commission South Carolina Electric & Gas e

Washington,

D. C.

20555 Company P.O.

Box 764 Hugh P.

Morrison, Jr. Esq.

Columbia, S.C.

29202 Charles S.

Leeper, Esq.

Michael Rand'McQuinn Robert Medvecky, Esq.

Cahill, Gordon & Reindel Reid & Priest 1990 K Street, N.W.

St. 650 1701 K Street, N.W.

Washington, D. C. -

20006 Washington, D.C.

20006 Mr. W.C..Mescher Edward'C. Roberts, Esq.

President General Counsel C.H. McGlothlin, Jr.,

Esq.

South Carolina Electric & Gas South Carolina Public Company Service Authority P.O.

Box 764 223 N.

Live Oak Drive

Columbia, S.C.

29202 I

Moncks Corner, S.C.

29461 Joseph Rutberg, Esq.

Mr.

P.T.

Allen Fredric D.

Chanania, Esq.

_ Executive Vice President Office of Executive Legal and General' Manager Director Central Electric Power U.S.

Nuclear Regulatory Cooperative,-Inc.

Commission P.O. Box 1455.

Washington, D.C.

20555

- Columbia, S.C.

29202 C. Pinckney Roberts, Esq.

Dial, Jennings, Windham, f,

i Thomas & Roberts

[.

2. -

m P.O.

Box 1792 C.

D e n n i s K h e'a r n '

Columbia, S.C.

-29202 Robert Fabrikant, Esq.

l Donald A.

Kaplan, Esq.

Janet R.

Urban, Esq.

2 P.O. Box 14141 i

Washington, D.C.

20044 Walace E.

Brand, Esq.

Edward E._ Hall, iq.

i Brand & Hall 1523 L Street, N.W.-

Suite 200 Washington, D.C.

'20005

..