ML20002A969
| ML20002A969 | |
| Person / Time | |
|---|---|
| Site: | 05000451, 05000450 |
| Issue date: | 12/05/1980 |
| From: | Irwin D HUNTON & WILLIAMS |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20002A970 | List: |
| References | |
| NUDOCS 8012090263 | |
| Download: ML20002A969 (2) | |
Text
.
i HAND DELIVER I
r HuxTox & WILLIAMS 7o7 CAST MAIN sTRett P o. Box 1535
- acaovia ea s.= suse o Rtcuxo en,VraotxtA 20212
- o.coneos
",$",][,*,,*3," C *
- TCLEPHoNE 804-788-8200
.... e c ~ ~ mv......, ~
,nc ~o.
2 8 759. 0 0 0011
- o.somisaac was= =otow,o.c.aoose aca - an a -esso oinect o.t so
- o. ves-8 3 57 rim st v,=oi=== eau a vow a n ici St, sayL's tov;gvamo Nomraks. v #31Ne4 asSio e
December 5, 1980 s o....... oe i
Mr. Harold R. Denton Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Wachington, DC 20555 Delmarva Power & Light Company, et al.:
i Summit Power Station, Units 1 and 2 (NRC Dockets 50-450, 50-451)
Dear Mr. Denton:
Pursuant to S 2.107 of the Commission's regulations, 10 CFR S 2.107, Delmarva Power & Light Company (DP&L or the Applicant) hereby withdraws its app' ication (NRC Docket Nos.
50-450, 50-451) for a permit from the Nuclear Regulatory Commission to construct twin HTGR units designatcd Summit 4
Units 1 and 2.
This action is taken by DPsL on its own behalf and on behalf of its co-applicant, Philadelphia Electric Company.
A motion to withdraw the application and to terminate construction permit proceedings has been filed today with the Atomic Safety and Licensing Board; a copy is attached.
The construction permit application for the Summit units was filed in 1973, and in 1975 the Atomic Safety and Licensing Board issued a Partial Initial Decision on environ-mental and site suitability issues approving the Summit site i
for the construction and operation of the twin HTGR reactors then contemplated.
2 NRC 215 (1975).
Before the safety phase hearings could be completed, however, the Summit units as HTGRs were cancelled as the result of the reactor vendor's decision to withdraw from the commercial reactor manufacturing business.
At that time an appeal of certain aspects of the ASLB's Partial Initial Decision was pending before the Atomic Safety and j
Licensing Appeal Board.
s 8012090 2h3 j
w c--
e aw y
y y-yyy-.v.--
r, - -,
g y
g pe-+=W
+.-#
-.ey-
,w=
/ Huwrow & WILLIAMS Upon the cancellation of the HTGRs, DP&L notified the Commission that d.t wished not to withdrar its application at i
that time, but rather that it intended to investigate the possibilities of converting the HTGR application into one for light water cooled (LWR) units, or for an Early Site Review.
No LWR vendor has been selected, however, and no Early Site l
Review amendment-has been filed.
Cn January 3, 1979, the Atomic Safety and Licensing Appeal Board, with DPEL's assent, vacated the earlier Partial Initial Decision without prejudice, dismissed the pending ap-peal as moot, and remanded the case to the Atomic Safety and Licensing Board for further proceedings contingent upon DP&L's amending its application.
9 NRC 5 (1979).
The application has not been amended since.
DP&L has recently concluded that there is neither-a significant likelihood of its amending the Summit application in the foreseeable future, nor any further benefit to be an-ticipated from maintaining the application before the Commission.
This fact, plus the pendency of proposed regula-tions (45 Fed. Reg. 74493, November 10, 1980) which as proposed could impose substantial additions-fee liability for applica-tions withdrawn after the regulations become effective, has in-duced DP&L to withdraw its application before their effective date.
By this letter, therefore, DP&L requests that the Commission consider DP&L's application for a construction per-mit for Summit Units 1 and 2 to be withdrawn without prejudice as of the date of receipt of this' letter.
A copy of this let-ter is being sent today to the Aromic Safety and Licensing Board as an attachment to the motion requesting that it permit withdrawal of the application and that the Summit. proceeding be dismissed as moot.
Very truly yours, 4
O ftQ Donald P.
Irwin Attorney for Delmarva Power & Light Company Enclosure 91/729 I
. - -, -, -