ML20002A997

Requests That Util CP Application Be Withdrawn W/O Prejudice & CP Proceedings Be Terminated.Motion Encl

ML20002A997
Person / Time
Site:	05000463, 05000464
Issue date:	12/05/1980
From:	Irwin D HUNTON & WILLIAMS
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML20002A998	List: ML20002A997 ML20002A999
References
NUDOCS 8012090297
Download: ML20002A997 (2)

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Mr. Harold R. Denton Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regalatory

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Commission Washington, DC 20555 Philadelphia Electric Company Fulton Generating Station Units 1 and 2 (NRC Dockets 50-463, 50-464)

Dear Mr. Denton:

Pursuant to 5 2.107 of the Commission's regulations, 10 CFR S 2.107, Philadelphia Electric Company (PE or the Applicant) hereby withdraws its application (NRC Docket Nos.

50-463, 50-464) for a permit from the Nuclear Regulatory Commission to construct twin HTGR units designated Ful ton Generating Station Units 1 and 2. A motion to withdraw the application without prejudice and to terminate construction permit proceedings has been filed today with the Atomic Safety and Licensing Board; a copy is attached.

7 The construction permit application for the Fulton

units was filed in 1973, and staff review and prehearing discovery among the parties had taken place when, in 1975, PE informed the Atomic Safety and Licensing Bo'ard that its nuclear 4

steam supply vendor had suspended work related.to the Fulton project. PE requested, and the Board granted, permission to place the application in a suspended status. On December 29, 1978, PE filed an amendment to its construction permit

, application seeking.an adjudicatory early site suitability review of the Fulton site pursuant to 10 CFR S 2.101(a-1) and Subpart F to Part 2 of the Commission's regulations. This g

amendment was docketed and has received an initial review by 3 the Pegulatory Staff but no substantial work on it has taken

/ !!

, 8012090297 g -

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. i Huwrow & WILLIAxs place. On August f., 1979, the Atomic Safety and Licensing Board issued a Me;aorandum and Order denying a motion made by various intervenors, and opposed by PE,-to involuntarily terminate this proceeding. 10 NRC 220 (1979).

PE has recently concluded that there are no longer significant benefits to maintaining the Fulton application before the Commission. This fact, plus the pendency of proposed regulations (45 Fed. Reg. 74493, November 10, 1980) which as proposed would impose substantial additional fee liability for applications withdrawn after they-tecome effective, has induced PE to withdraw its application before the regulations' ef fective date.

PE therefore requests that the Commission consider its application for a construction permit for Fulton Generating Station Units 1 and 2 to be withdrawn without prejudice as of the date of receipt of this letter. A copy of this letter is being sent today to the Atomic Safety and Licensing Board along with the motion requesting that it permit withdrawal of the application and.that the Fulton proceeding be dismissed as moot.

l Very truly yours, I6 &

Donald P. Irwin Attorney for Philadelphia Electric comany i

91/729 Enclosure l

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