ML19351E397

Motion in Opposition to Dakota Commission'S Petition for Reconsideration of 801103 Order Denying Dakota Request for Hearing & Refusing to Defer Revocation of CP

ML19351E397
Person / Time
Site:	05000484
Issue date:	11/26/1980
From:	Baxter T NORTHERN STATES POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
References
NUDOCS 8012100047
Download: ML19351E397 (5)

Text

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Novnmbnr 26, 1980

\tOI UNITED STATES OF' AMERICA g hUCLEAR REGULATORY COMMISSION c.

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hi BEFORE THE COMMISSION ,E ),'-  ;-9 i r, P!

In the Matter of ) 1 >

NORTHERN STATES POWER COMPANY, ET AL. )

Docket No. STN (Order to Show Cause)

-404 ]

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(Tyrone Energy Park, Unit 1) ) j

'l LICENSEE'S RESPONSE TO DAKOTA COMMISSION'S ~

PETITION FOR RECONSIDERATION

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On August 15, 1979, Badger Safe Energy Alliance  : p x

o a petitioned the Director, Office of Nuclear Reactor Regulat'lon, -

to institute a proceeding pursuant to 10 C.F.R. S 202 to revoke the construction permit issupd to Licensee for the Tyrone Energy Park, Unit 1. As a result of this Request, a number of pleadings have been filed and several Orders issued pertaining to revocation of the Tyrone Energy Park, Unit 1 project.

n 23, 1980, the Director, Office of Nuclear On Ju'e Reactor Regulation, on behalf of the Corraission, issued an Order to Show Cause why Construction Permit No. CPPR-157 should not be revoked. 45 Fed. Reg. 42093 (June 23, 1980).

I:s response to the Show Cause Order, on July 11, 1980, the North Dakota Public Service Commission and the South Dakota Public Utilities Commission (collectively, " Dakota Commis-sions") filed a " Motion to Defer Commission Action, Petition to Intervene.Out of Time, and Request for a Hearing." On

$ 01 80 12.100 pov7 6

July 22, 1980,,L1censee filed its' Answer to the Dakota Commis-sions' Motion. In its Answer,' Licensee opposed the; request for deferral of'the proposed Order revoking the Tyrone Energy Park, Unit 1 construction permit, denied the need for a hearing, and challenged the standing'of the Dakota Commissions to intervene if a proceeding was held to determine whether the proposed order t

should be issued. The-NRC Staff and the Badger Safe Energy Alliance also opposed the Dakota Commissiens' requests. See 4

NRC Staff Answer to Dakota Commissions' Motion to Defer Com-mission Actin,1 and Request for Hearing, dated July 29, 1980 and Badger Sare. Energy Alliance, Inc.'s Preliminary Answer

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. to Dakota Commissions' Motion to Defer Commission Action and Request for Hearing, dated August 3, 1980. On November 3, 1980, the Commission issued an Order, CLI-80-36, in which it. declined to defer revocation of the Tyrone permit and denied Dakota Commissions' request for a hearing. Most recently, on November 13, 1980, the Dakota Commissions filed a Petition for Reconsidera-tion of its July 11, 1980 Motion. It is this last Petition to which Licensee now responds.

For the reasons previously articulated in its July 22, 1980 Answer, Licensee opposes the Dakota Commissions' Petition for Reccasideration. The Dakota Commissions raise no new facts which change the circumstances upon which the Commission's November 3, 1980 Order was based. Moreover, because Licensee's asition remains unchanged with respect'to its-intention to terminate the Tyrone Energy Park, Unit 1 project, "[dleferral f

- i i

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_3 of the revocatio,n would not redress _the harm alleged . . . [and]

the Dakota Commissions lack standing in this case because any permissible exercise of [the Commission's] licensing authority would indeed be ' gratuitous.'" Northern States Power Company et al. (Tyrone Energy Park, Unit 1), NRC , CLI-80-36' (November 3, 1980), (views of Chairman Ahearne and Commiscioner Hendrie, slip opinion at 2).

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE i $t.frM Jay E. Silberg b* & k .Q b0

Thomas A. Baxter Counsel for Licensee 1800 M Street, N.W.

Washington, D.C. 20036 Dated: November 26, 1980 i

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

) ,

NORTHERN STATES POWER COMPANY, ) Docket No. STN 50-d84 ET AL. ) (Order to Show Cause)

)

(Tyrone Energy. Park, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify.that copies of the foregoing " Licensee's Response to Dakota Commission's Petition for Reconsideration" were served this 26th day of November, 1980 by deposit in the U.S. mail, first class, postage prepaid, upon the following:

Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Karen D. Cyr, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard Ihrig, Esquire 874 Summit Avenue St. Paul, Minnesota 55105 Mr. Arthur V.-Dienhart Vice President Plant Engineering and Construction Department Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 j 1

Ray H. Walton, Esquire Commerce Counsel North Dakota Public Service . Commission Capitol Building Bismarck, North Dakota 58505 i

,m. _.

Walter. Washington, Esquire Assistant Xttorney General South Dakota Public Utilities Commission

-Capitol-Suilding Pierre, South Dakota 57501-Frances E. Francis, Esquire John Michael Adragna, Esquire

-Spiegel & McDiarmid 2600 Virginia Avenue, N.W.

Washington, D.C.- 20037

%wt.w A bL%M /m gf Thomas A. Baxter J 1

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