ML19350D337
| ML19350D337 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 04/13/1981 |
| From: | Linenberger G, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Baker AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-CP, NUDOCS 8104150279 | |
| Download: ML19350D337 (4) | |
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NUCLEAR REGULATORY COMMISSION 3
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2 Before Administrative Judges:
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Sheldon J. Wolfe, Chaiman
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U Dr. E. Leonard Cheatum M
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Gustave A. Linenberger, Jr.
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'iD In the Matter of
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HOUSTON LIGHTING AND POWER COMPANY )
Docket No. 50-466 CP
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(Allen Creek Nuclear Generating
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Station, Unit 1
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April 13, 1981
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ORDER (Correcting Board's Statement)
On January 19, 1981, Intervenor Baker filed a Motion for Cor-rection of Erroneous Statement by Ecard Member. Therein, Mr. Baker asserts that at the January 12, 1981 session, wherein numerous individuals made limited appearance statements, the Board stated in substance that, during the course of the forthcoming evidentiary sessions, evidence would be presented on Applicant's ability to finance the construction, operation and decommissioning of the Allens Creek plant.
(Tr. 2073, lines 3 - 7 ).
Mr. Baker states that in the past the Applicant and Staff had advised him that it is not N.R.C. policy at the construction pemit licensing stage to consider the Applicant's financial qualifications to safely operate, maintain, deconnission, shut down in an emergency, or to dispose of KO S
the waste from the proposed facility. Assuming that Applicant and iO 810.4150 f 77.-
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. Staff are correct, Mr. Baker requests that the Board correct its erroneous statement and that this correction be published in all newspapenswhich serve the area within twenty miles of the plant site.
In its response of February 6,1981, citing 10 C.F.R. 5 50.33(f) /
the N.R.C. Staff concurs that the presentation of evidence upon the financial qualifications contention. (Baker Contention 1, as consoli-dated) should be limited to Applicant's ability to finance the construction of the proposed facility, but suggests that it is only.
necessary and appropriate for the Board to serve any corrective notice upon all the parties and upon those who made limited appearance state-ments during the week of January 12, 1981.
In light of 10 C..F.R. S 50.33(f), the Board deletes the afore-mentioned statement appearing at page 2073 of the transcript. As corrected, the statement should read as follows:
"During the course of the instant construction permit hearing, evidence will be presented
- / 10 C.F.R. 5 50.33(f) reads in pertinent part:
Information sufficient to demonstrate to the Commission the financial qualifications of the applicant to carry out, in accor-dance with the regulations in this chapter, the activities for which the permit or license is sought.
If the application is for a construction permit, such information shall show that the appli-cant possesses the funds necessary to cover estimated construction costs and related fuel cycle costs or that the applicant has reasonable assurance of obtaining the necessary funds, or a com-bination of the two.
If the ' ?lication is for an operating license, such informa-tion shall show that the applicant possesses or has reasonable assurance of obtaining the funds necessary to cover the estimated costs of operation for the period of the license or for 5 years, whichever is greater, plus the estimated costs of permanently shutting the facility down and maintaining it in a safe condition...
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. only upon whether Applicant possesses the funds necessary to cover estimated construction costs and related fuel cycle costs or whether Applicant has reasonable assurance of obtaining the necessary funds, or a combination of the two. :At the operating licinse application ~
stage, information is presented re: an applicant's ability to finance estimated costs of operation and estimated costs of permanently shutting a facility down and maintaining it in a safe condition".
A copy of this Order will be served on all parties, and upon ~
those individuals who made limited appearance statements on January 12, 1981. A copy of this Order will also be placed in the local public document room in the Sealy Public Library, 201 Atchinson Street, Sealy, Texas. The Scard' deems that this procedure, rather than the publication of newspaper notices, will be more effective in informing those persons who made limited appearance statements and/or attended the January 12th session.
l Accordingly, it is this 13th day of April,1981 ORDERED That the instant Motion for Correction of Erroneous Statement by Board Member is granted in part and denied in part.
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, Judge Cheatum concurs but was unavailable to sign the instant Order.
THE ATOMIC SAFETY AND LICENSING RD l
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pave A. Linenberg??(, Jr.
ADMINISTRATIVE JUDGE 1
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Sneldon J. Alfe, Cnainnan ADMINISTRATIVE JUDGE i
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