ML20031F663

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Order Dismissing State of Il 801015 Request for Hearing Re GE 800123 License Amend Request.Request Moot Due to 801114 Adoption of 10CFR72
ML20031F663
Person / Time
Site: 07001308
Issue date: 10/16/1981
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
ILLINOIS, STATE OF
References
NUDOCS 8110200277
Download: ML20031F663 (2)


Text

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00CKETED USKSC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 11 ET 16 P4:18 COMMISSIONERS:

@ 84 OFFICE 07 SECRETi.RY Nunzio J.

Palladino, Chairman DOCKETING & SERVICE MCH Victor Gilinsky Peter A. Bradford John F. Ahearne g E!G OCrit, g -

Thomas M.

Roberts

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In the Matter of

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GENERAL ELECTRIC COMPANY Docket N 70-08 y[b(.1/LJ l[Lh ij 4

(G.E. Morris Operation Spent Fuel

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Storage Facility (Amendment to

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SNM-1265))

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ORDER On January 23, 1980, General Electric C

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filed a request for a license amendment to SNM-1265, including proposed " Revision C2" to provide interim procedures under which G.E.

could perform certain 1

operational changes, tests, or experiments at the Morris facility.

On October 15, 1980, the State of Illinois 1

requested a hearing pursuant to 10 CFR 2.206 regarding this aspect of the proposed amendment and moved that such a hearing be consolidated with the hearing then pending on M

G.E.'s application for license renewal. */

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The State.of Illinois filed this petition under 10 CFR 2.206.

Such petitions are reserved for use in

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enforcement proceedings. A request for a hearing on a Part 70 or Part 72 license amendment should be presented directly to the Cc,mmission.

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Subsequently, the Nuclear Regulatory Commission adopted 10 CFR Part 72 which authorizes substantially the same activities as those requested by G.E.

in its proposed license amendment.

See, 10 CFR 72.35.

This prompted G.E.,

4 on November 14, 1980, to withdraw the portion of its request on which the State sought a hearing.

A June 19, 1981 Commission inquiry of the State of Illinois as to its intentions with respect to its October 15 petition received no response.

i Therefore, the Commission has decided to dismiss as moot the request of the State of Illinois for a hearing on the withdrawn portion of the proposed license amendment.

This action has no effect on the ongoing Atomic Safety and Licensing Board proceedings regarding the renewal of the license for this facility.

It is so ORDERED.

Fox the Commission,

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SAMUEL J; CHILK e

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Secretary of ghe Commission G.

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Dated at Washington, D.C.,

this /b day of M 1981 m