ML19347C592
| ML19347C592 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/29/1980 |
| From: | Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012310276 | |
| Download: ML19347C592 (5) | |
Text
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NCCLEAR REGULATORY COMMISSICN
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SEFORE THE ATCMIC SAFETY A"D LICENSING BOARD N s In the Matter of
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THE TCLEDO EDISON COMPANY, et al.
Occket Nos. 50-500
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50-501 (Davis-Sesse Nuclear Power Station
)
Units 2 and 3)
)
THE TOLEDO EDISON CCMPANY'S MOTION FOR TERMINATION OF PRCCEEDINGS The Toledo Edison Ccapany respectfully recuests that the Atomic Safety and Licensing Board terminate all further pro-ceedings in these dockets.
The background for this motion is as folicws.
On January 23, 1930, The Toledo Edison Company announced a decision by the co-owners of the Davis-Sesse Nuclear Power Station, Units 2 and 3 to terminate those units.
A copy of the announcement was transmitted to the Atomic Safety and Licensing Appeal Boarc on January 24, 1980 with a request that the Appeal Board terminate any further proceedings in these dockets.
Copies were served on the Licensing Board and on Staff counsel.
By letter dated January 30, 1980, the Secretary of the Appeal Board confirmed an earlier telephone conversation between the Chairman of the Appeal daard and counsel for Toledo Edison that no action would be taken on the recuest to terminate pending a h.$Cdf determination by t.:e co-ouners on whether they intend to with-draw the construction permit applications.
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h 801 2310 qqq
. The Staff filed an answer to ~he January 24 request on February 13, 1996 The Staff requested that the Appeal Board hold any ruling in abeyance until the co-cwners notified NRC of their intentions concerning the construction permit applica-tions and until the Staff had ccmeleted its evaluations of conditions on site with regard to work performed pursuant to the limited work authorizations issued for the units.
On Ncvember 17, 1990, Toledo Edison, by letter :
the Director of the Office of Nuclear Reac Or Regulation with copies to the Licensing and Appeal Scards, notified tne Cc= mission that the construction permit applications were hereby withd awn.
The letter also requested that any actica by the Licensing Scard, Appeal Scard or Commission required to make the with-drawal effective be taken promptly.
In ALA3-622 (December 1, 1980), the Appeal Scard terminated the proceedings pending before it by striking two partial initial decisions from the Appeal Soard's docket and by removing the proceeding from the list of proceedings in which Appeal Boards are now considering the " radon" issue.
The Appeal Scarf stated i
that, while it was appropriate for Toledo Edison to notify the t
l Commission of the withdrawal of the construction permit appli-cations by means of the November 17 letter, a request for a full termination of the proceeding must be addressed to the Licensing Peard.
The Appeal Board also stated, that before taking any i
action, the Licensing Board must accord the NRC Staff a reason-able opportunity to propose any conditions which its inspection r
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cf the current state Of the site might suggest be attached to the termination order.
For these reascns, The Toledo Edison Company respectfully requests that the Atomic Safety and Licensing Board terminate all further proceedings in these dockets.
Respectfully submitted, SHAW, PITT.%N, POTTS & TRCWBRIDGE By Jay r c'1" erg Counsel for The Toledo Edison Company 1800 M Street, N.
N.
Washington, D.
C.
20036 (202) 331-4100 Dated:
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UNITED STATES OF AMERICA NUCLEAR REGULATCRY COMMISSICN BEFORE THE ATOMIC SAFETY AND LICENSING SOARD In the Matter of
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)
THE TOLECO EDISON COMPANY, et al.
)
)
(Davis-Besse Nuclear Power Station
)
Docket Nos. 50-500 Units 2 and 3)
)
50-501 CERTIFICATE OF SERVICE This is to certify thac a copy of the foregoing "The i
Toledo Edison Company's Motion for Termination of Proceedings" was served by deposit in the United States Mail, First Class, i
pestage prepaid, this day of December, 1990, to all those en the attached Service List.
m p h ", n h
e Jay E.
S11 berg Dated:
i i
O SERVICE LIST Mr.
- 3. Paul Cotter, Jr.
Chairman Atomic Safety and Licensing Board U.
S.
Nuclear Regulatory Commission i
-Washington, D.
C.
20555 l
Dr. Cadet H.
Hand, Jr.
i Atomic Safety and Licensing Board U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Dr. David L.
Hetrick i
Atomic Safety and Licensing Board l
U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 i
Atcmic Safety and Licensing Appeal Panel U.
S.
Nuclear. Regulatory Commission l
Washington, D.
C.
-20555 l
Marjorie Ulman Rothschild Office of the Executive Legal Director i
U.
S. Nuclear Regulatory Commission l
Washington, D.
C.
20555 l
Docketing and Service Section office of the Secretary U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 I
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