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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20086R8381984-02-27027 February 1984
Brief on Issues Re Liability for Fees & Expenses.Certificate of Svc Encl.Related Correspondence
ML20086K0471984-01-23023 January 1984
Request for Leave to Encl Reply to York Intervenors 840107 Response to Objections of NRC & Applicant to ASLB Proposed Decision & Order Re Withdrawal of Facility Application. Certificate of Svc Encl
ML20086G6391984-01-0707 January 1984
Response Opposing NRC & Applicant Objections to ASLB 831214 Proposed Decision & Order Dismissing Application W/ Prejudice.Proposed Mods Should Be Rejected.Certificate of Svc Encl
ML20083H6371984-01-0303 January 1984
Affidavit of Vs Boyer to Be Appended to 831229 Filing. Certificate of Svc Encl
ML20083J5841983-12-29029 December 1983
Objection to & Motion for Mod of 831214 Proposed Decision & Order Dismissing Proceeding W/Prejudice.Dismissal W/Prejudice Would Require Full Adjudicatory Hearing
ML20083J5991983-12-29029 December 1983
Motion for Summary Decision & for Termination of Proceedings as Moot & W/O Prejudice.Statement of Matl Facts & Certificate of Svc Encl
ML20062M2741981-12-0404 December 1981
Withdrawal of 811125 Request for Extension of Time to Respond to ALAB-657.Further Evidence May Be Developed Since Decision Remanded Issue to Aslb.Reserves Right to Appeal Following Reconsideration of Issues
ML20010D1581981-08-15015 August 1981
Requests to Be Included on Mailing List.Certificate of Svc Encl
ML20010B2831981-08-0303 August 1981
Motion to Consolidate Fulton Case & for Extension of 15 Days to File Brief.Cases Present Common Question of Law & Fact. Intervenor Illness Necessitates Extension of Time
ML20004E1671981-06-0101 June 1981
Response Supporting Util Exceptions to ASLB 810227 Memorandum & Order Dismissing Proceeding W/Prejudice. Proceeding Should Be Dismissed W/O Prejudice.Site Should Not Be Eliminated.W/Certificate of Svc & Notice of Appearance
ML19345H2051981-04-27027 April 1981
Brief on Exceptions from ASLB 810227 Decision & Order Dismissing CP Application Proceeding W/Prejudice.Proceeding Should Be Terminated W/O Prejudice.Certificate of Svc Encl
ML19345H1101981-04-20020 April 1981
Response Objecting to ASLB Granting Applicant 810413 Motion for Extension of Time.Intervenors Received Notice That Motion Was Granted Before Receipt of Applicant Request. Opportunity for Comment Not Allowed.Certificate of Svc Encl
ML19345G6911981-04-13013 April 1981
Motion for Extension Until 810427 to File Brief on Exceptions.Counsel Family Illness Precludes Timely Completion of Brief.No Part Would Be Prejudiced by Extension.Granted for ASLAB,810415
ML20003D2691981-03-17017 March 1981
Exceptions to ASLB 810227 Decision & Order.Applicant Objects to Portion of Decision Dismissing Proceeding W/Prejudice. ASLB Incorrectly & Inconsistently Required Std of Intent W/Respect to Use of Site.Certificate of Svc Encl
ML19341A6081981-01-23023 January 1981
Reply Supporting Applicant Earlier Motion to Withdraw CP Application W/O Prejudice.Opposes Intervenor York Committee for Safe Environ Response Supporting Withdrawal of Application W/Prejudice.Certificate of Svc Encl
ML19340D1031980-12-17017 December 1980
Response of Intervenors York Committee for Safe Environ & Central PA Committee on Nuclear Power,In Opposition to Applicant 801205 Request to Withdraw CP Application W/O Prejudice.Certificate of Svc Encl
ML19351E5771980-12-0505 December 1980
Motion to Withdraw CP Application & Terminate Proceedings. Certificate of Svc Encl
ML20002A9991980-12-0505 December 1980
Motion to Withdraw Application for CP & Terminate Proceedings
ML19322A3731979-07-30030 July 1979
Notice of Appearance of GL Boomsma on Behalf of Intervenor Save Solanco Environ Conservation Fund.Certificate of Svc Encl
ML19276G5831979-06-0505 June 1979
Opposition by Util to Intervenor Save Solanco Environ Conservation Fund 790524 Motion to Terminate Docket.Petition Presents No Logal Basis for Relief.Arguments Are Outside ASLB Jurisdiction & Are Premature
ML19276G5791979-06-0505 June 1979
Philadelphia Electric Co Motion to File Motion Out of Time in Opposition to Petition to Terminate Docket
ML19246B7811979-05-25025 May 1979
Util Answer to Save Solanco Environ Conservation Fund 790514 Motion to Terminate Docket.Requests Response Due Date of 790604,due to Delay in Receipt of Petition.Certificate of Svc Encl
ML19261D7711979-05-14014 May 1979
Requests by Save Solanco Environ Conservation Fund That NRC Order Util to Show Cause Why Application Should Not Be Terminated
1984-02-27
[Table view]
Category:PLEADINGS
MONTHYEARML20086K0471984-01-23023 January 1984
Request for Leave to Encl Reply to York Intervenors 840107 Response to Objections of NRC & Applicant to ASLB Proposed Decision & Order Re Withdrawal of Facility Application. Certificate of Svc Encl
ML20086G6391984-01-0707 January 1984
Response Opposing NRC & Applicant Objections to ASLB 831214 Proposed Decision & Order Dismissing Application W/ Prejudice.Proposed Mods Should Be Rejected.Certificate of Svc Encl
ML20083J5841983-12-29029 December 1983
Objection to & Motion for Mod of 831214 Proposed Decision & Order Dismissing Proceeding W/Prejudice.Dismissal W/Prejudice Would Require Full Adjudicatory Hearing
ML20083J5991983-12-29029 December 1983
Motion for Summary Decision & for Termination of Proceedings as Moot & W/O Prejudice.Statement of Matl Facts & Certificate of Svc Encl
ML20062M2741981-12-0404 December 1981
Withdrawal of 811125 Request for Extension of Time to Respond to ALAB-657.Further Evidence May Be Developed Since Decision Remanded Issue to Aslb.Reserves Right to Appeal Following Reconsideration of Issues
ML20010D1581981-08-15015 August 1981
Requests to Be Included on Mailing List.Certificate of Svc Encl
ML20010B2831981-08-0303 August 1981
Motion to Consolidate Fulton Case & for Extension of 15 Days to File Brief.Cases Present Common Question of Law & Fact. Intervenor Illness Necessitates Extension of Time
ML20004E1671981-06-0101 June 1981
Response Supporting Util Exceptions to ASLB 810227 Memorandum & Order Dismissing Proceeding W/Prejudice. Proceeding Should Be Dismissed W/O Prejudice.Site Should Not Be Eliminated.W/Certificate of Svc & Notice of Appearance
ML19345H1101981-04-20020 April 1981
Response Objecting to ASLB Granting Applicant 810413 Motion for Extension of Time.Intervenors Received Notice That Motion Was Granted Before Receipt of Applicant Request. Opportunity for Comment Not Allowed.Certificate of Svc Encl
ML19345G6911981-04-13013 April 1981
Motion for Extension Until 810427 to File Brief on Exceptions.Counsel Family Illness Precludes Timely Completion of Brief.No Part Would Be Prejudiced by Extension.Granted for ASLAB,810415
ML20003D2691981-03-17017 March 1981
Exceptions to ASLB 810227 Decision & Order.Applicant Objects to Portion of Decision Dismissing Proceeding W/Prejudice. ASLB Incorrectly & Inconsistently Required Std of Intent W/Respect to Use of Site.Certificate of Svc Encl
ML19341A6081981-01-23023 January 1981
Reply Supporting Applicant Earlier Motion to Withdraw CP Application W/O Prejudice.Opposes Intervenor York Committee for Safe Environ Response Supporting Withdrawal of Application W/Prejudice.Certificate of Svc Encl
ML19340D1031980-12-17017 December 1980
Response of Intervenors York Committee for Safe Environ & Central PA Committee on Nuclear Power,In Opposition to Applicant 801205 Request to Withdraw CP Application W/O Prejudice.Certificate of Svc Encl
ML19351E5771980-12-0505 December 1980
Motion to Withdraw CP Application & Terminate Proceedings. Certificate of Svc Encl
ML20002A9991980-12-0505 December 1980
Motion to Withdraw Application for CP & Terminate Proceedings
ML19276G5831979-06-0505 June 1979
Opposition by Util to Intervenor Save Solanco Environ Conservation Fund 790524 Motion to Terminate Docket.Petition Presents No Logal Basis for Relief.Arguments Are Outside ASLB Jurisdiction & Are Premature
ML19276G5791979-06-0505 June 1979
Philadelphia Electric Co Motion to File Motion Out of Time in Opposition to Petition to Terminate Docket
ML19246B7811979-05-25025 May 1979
Util Answer to Save Solanco Environ Conservation Fund 790514 Motion to Terminate Docket.Requests Response Due Date of 790604,due to Delay in Receipt of Petition.Certificate of Svc Encl
ML19261D7711979-05-14014 May 1979
Requests by Save Solanco Environ Conservation Fund That NRC Order Util to Show Cause Why Application Should Not Be Terminated
1984-01-07
[Table view] |
Text
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@lUNITED STATES OF AMERICA 'A W~ ~ C .
hA E ls E ";yM NUCLEAR REGULATORY COMMISSION s t, -- . . . .
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k,gf7, efore the Atomic Safety and Licensing Appeal Board OM In the Matter of )
PHILADELPHIA ELECTRIC COMPANY ) Docket Nos.
(Fulton Generating Station, Units 1 and 2) ) 5 0 -.: 6 3 , 50-464 RESPONSE OF THE STATE OF MARYLAND IN SUPPORT OF EXCEPTIONS FILED BY APPLICANT TO ASLB DECISION AND ORDER DATED FEBRUARY 27, 1981 The State of Maryland, which is participating in the above proceeding as an Interested State, hereby supports the exceptions filed by the Philadclphia Electric Company to the dismissal of .
the proceeding with prejudice by ASLB Decision and Order dated .
February 27, 1981.
Maryland has reviewed its files on 4his matter, and the material submitted by other parties, and finds no cause whatsoever for the Fulton site to be summarily eliminated from possible future consideration for a commercial nuclear generating station.
The State believes that such an extreme action should be based solely on the merits of the suitability of a site. Rejection on a procedural ground'such as adopted in this case by the ASLB, could oply be supported on the strongest evidence of intentional andflaNrantdisregardbyanApplicant for the permitting pro-cedures of the Nuclear Regulatory Commission. There is patently no evidence in the record of the current proceeding which remotely di 99 i l 1
8105110 # 1 -4 G
reaches this standard. Thus, the Applicant should not now be prevented from attempting to show, at a later date, that the Fulton site represents a good location for a commercial plant-from an economic, safety and environmental standpoi.nt, and is therefore entitled to a license at that time.
In conclusion, Maryland recommends that the Philadelphia Electric Company's requested withdrawal of the Fulton construction permit application should be granted without prejudice.
Respectfully submitted, Michael J. Scibinico, II Assistant Attorney General Department of Natural Resources Tawes State Office Building, C-4 580 Taylor Avenue Annapolis, Maryland 21401 Telephone: (301) 269-2251 i
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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of: )
} Docket Nos. 50-463 PHILADELPHIA ELECTRIC COMPANY ) and 50-464 (Fulton Generating Station, )
Units 1 and 2) )
NOTICE OF APPEARANCE Please enter the appearance of the undersigned attorney in the above-entitled matter. In accordance with 10 C.F.R.
52.713, the following information is provided:
Name: Michael J. Scibinico, II Address: ,
Assistant Attorney General Department of. Natural Resources
- Tawes State Office Building, C-4 580' Taylor Avenue Annapolin, Maryland 21401
)
Telephone: (301) 269-2251 Admissions: Court of Appeals for the State of Maryland United States District Court for the District of Maryland i United States Supreme Court Appearing on Behalf of: State of Maryland l
7PM Michael J.:Scibinico, II DATED: June 1,-1981 l
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AM
UNITED STATES OF AMER *CA NUCLEAR REGULATORY COMMISSION Belore the Atomic Safety and Licensing Appeal Board I
In the Matter of )
PHILADELPHIA ELECTRIC COMPANY ) Docket Nos.
I (Fultcn Generating Station, Units 1 and 2) ) 50-463, 50-464 CERTIFICATE OF SERVICE i I hereby certify that I have.on this date served copies of
' the RESPONSE OF THE STATE OF MARYLAND IN SUPPORT OF EXCEPTIONS FILED BY APPLICANT TO ASLB DECISION AND ORDER DATED FEBRUARY 27, 1 1981 on the following persons by U. S. mail, first. class postage l - prepaid:
, Hugh G. Clark, Esq., Chairman Eugene J. Bradley, Esq.
P. O. Box 127A Philadelphia Electric Company Kennedyville, MD 21645 2301 Market Street
! Philadelphia, PA 19101
. Dr. Donald.P.'deSylva . . .
- Associate Professor of S.arine Dr.. A..Dixon Callihan Science .
Union Carbide Corporat3on Rosentiel School of Marine and . P. O. Box Y
- Atmospheric Science Oak Ridge, TN 37830 i Universitv bf Miami
- Miami, FL' 33149 Paul K. Allison, Esq. ,
i Allison &'Phyfer t Mr. Gustave A. Linenberger' 128 N. Lime Street, Box 1588 i Atomic ~ Safety and Licensing Board Lancaster, PA 17604 U.S.. Nuclear Regulatory Commission Washington, DC 20555 Gilbert G. Malone, Esq.
Ports, Beers, Feldmann & Malone Lawrence Sager, Esq. 145 East Market -Street Sager & Sager Associates York, PA 17401 45.High Street Pottstown, PA 19464 York Committee for a Safe Environment Mr.-Walden S. Randall Dr. Chauncey R. Kepford Riverhill Farm 433-Orlando Avenue R.D. #2 Stste College, PA- 16801
- Holtwood, PA 17532' 1.
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o Theodore A. Adler, Esq. Jean Royer Kohr, Esq.
Widoff, Reager, Welkowitz Minney, Mecum & Kohr
& Adler 150 E. Chestnut Street P. O. Box 1547 Lancaster, PA 17602 Harrisburg, PA 17105 Atomic Safety and Licensing Joseph R. Gray, Esq. Board Panel Counsel for NRC Regulatory U.S. Nuclear Regulatory Commission Staff Washington, DC 20555
- Of fice of the Executive Legal Director Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Panel Commission U.S. Nuclear Regulatior Commission -
Washington, DC 20555 Washington, DC 20555 Richard S. Salzman, Esq. Dr. W. Reed Johnson Atomic Safety and Licensing Atomic Safety and Licensing Appesi Board Appeal Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, DC 20555 Christine N. Kohl,' Esq.
Executive Director Atomic Safety and Licensing Susquehanna River Basin Appeal Board i 1721-N. Front Street U.S. Nuclear Regulatory Commission j Harrisburg, PA 17102 Washington, DC 20555 -
George L. Boomsa Docketing and 2 rvice Section (7)
Save Solanco Environment Office of the Secretary Conservation Fund U.S. Nuclear Regulatory Commission P.O. Box 64 Washington, DC 20555 Quarryville, PA 17566 James A Humphreys III varley, Snyder, Cooper & Barber 115 E. King Street Lancaster, PA 17602
} . TM Michael J. Scibinico, II Assistant Attorney General Department of Natural Resources I
DATED: June 1, 1981
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