ML19345C620
| ML19345C620 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 11/26/1980 |
| From: | Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Hand C, Hetrick D ARIZONA, UNIV. OF, TUCSON, AZ, BODEGA MARINE LABORATORY |
| References | |
| NUDOCS 8012080013 | |
| Download: ML19345C620 (2) | |
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cl Dr. Cadet H. Hand, Jr.
Dr. David L. Hetrick Bodega Marine Laboratory Professor of Nuclear Engineering University of California The University of Arizona P.O. Box 247 Tuscon, AZ 85721 Bodega Bay, CA 94923 In the Matter of The Toledo Edison Company, et al.
(Davis-Besse Nuclear Power Station, Units 2 and 3)
Docket Nos. 50-500 and 50-501 Gentlemen:
In a letter dated November 17, 1980, to Harold Denton, Director, Office of Nuclear Reactor Regulation,l/ the co-owners of the Davis-Besse Nuclear Power Station, Units 2&3 (hereafter Davis-Besse, Units 2&3) withdrew their joint applications for construction permits before the NRC,2] subject to any action by the Atomic Safety and Licensing Board (the Licensing Board),
the Atomic Safety and Licensing Appeal Board (the Appeal Board) or the 1/ The letter contains a notation that courtesy copies of the letter were sent to the Chairman of the Atomic Safety and Licensing Appeal Board Panel, members of the presiding Atomic Safety and Licensing Board,-the Docketing and Service Section and the Secretary of the Commission.
U The joint applications were the subject of a Notice of Hearing which was published in the Federal Register on September 5,1974 (39 Fed.
Reg. 32176).
Following an uncontested evidentiary hecring on environ-mental and site suitability matters, the Licensing Board issued a Partial Initial Decision on December 31, 1975.
Review of the decision is pending before the Appeal Board.
On January 26, 1976, the Appeal Board issued an order (unpublished) wherein it deferred review of the environmental and site suitability 4
matters addressed in the Licensing Board's Partial Initial Decision pending consideration of the remaining radiological health and safety issues and the Licensing Board's rendition of its initial decision on these issues.
No proceedings have been initiated with respect to the radiological health and safety issues remaining to be considered by the Licensing Board. Thus, the proceeding on the joint applications for construction permits is pending before the Licensing Board. As j
noted in the Staff's pleading dated February 13, 1980, aspects of the i
joint applications are pending before tne Appeal Board and the Commis-sion.
8 012 080 og 3
Commission which may be required for this withdrawal to become effective.
The letter from the co-owners requests that such action be promptly taken.
Tha Staff, in a pleading responding to an earlier request that the Appeal Board terminate proceedings in this docket, agreed with the Chairman of the Appeal Panel that no action should be taken on the request until the co-owners advise the Appeal Panel. whether they intend to withdraw their applications for construction permits.
"NRC Staff Response to Applicants' Reavest For Termination of Proceedings", dated February 13, 1980.
For the reasons set forth in its response, the Staff also stated that:
"a determination on Applicants' [ Toledo Edison Company, et al.] request should be held in abeyance until the Staff has had the opportunity to evaluate the precise condition of the Davis-Besse, Units 2 and 3 site, in terms of all activities undertaken by the Applicants on the site pursuant to their Limited Work Authorizations (LWAs). The Staff will then provide the Licensing Board with the results of its review.
In the event Appli-cants decide to withdraw their applications for construc-tion permits, such withdraual shall be on such terms and conditions as the presiding officer shall prescribe.
10 CFR R 2.107(a)."
On February 6,1980, subsequent to the announcement of the cancellation of Davis-Besse ?&3,3] the NRC Office of Inspection and Enforcement (I&E) con-ducted a special inspection of the Davis-Besse site. That inspection assessed the status of the activities authorized by the Limited Work Authorizations.
In view of the time that elapsed between the announcement of the cancellation of Davis-Besse 2&3 and the co-owners' withdrawal of the application for construction permits, the NRC Staff will conduct another inspection to determine the current condition of the site. Upon completion of that inspec-tio,n, the Staff will be in a position to present its views to the Licensing Board on whether termination of the proceeding requires the imposition of any special conditions.
Sincerely, 744 Ms Oif4xdk Marjorie Ulman Rothschild Counsel for NRC Staff cc: Service List E The co-owners (Toledo Edison Company, et al.), announced the cancellation of Davis-Besse Units 2&3 on January 23, 1980.
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