ML20032B361

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Motion That Unit 1 Proceedings Be Served from Unit 2 Proceedings & That Unit 2 Proceeding Be Stayed Until Further ASLB Order.No Const Work Has Been Done on Unit 2. Certificate of Svc Encl
ML20032B361
Person / Time
Site: Clinton  Constellation icon.png
Issue date: 10/28/1981
From: Fazio P, Fazio P
ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE
To:
NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8111050468
Download: ML20032B361 (6)


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UNITED STATES OF AMERICA 2

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NUCLEAR REGULATORY COMMISSION Dy O /. 2 $ 33],, j IN THE NATTER OF

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f*-4 ILLINOIS POWER COMPANY

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SOYLAND POWER COOPERATIVE, INC.

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N and WESTERN ILLINOIS POWER

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Docket Nos. 50-461 O b* /rA COOPERATIVE, INC.

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50-46 '

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Power Station, Units 1 and 2)

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MOTION FOR SEVERANCE AND STAY OF g

PROCEEDINGS IN DOCKET NO. 50-4 62 OL

,N Illinois Power Company (" Illinois Power"1, Scyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Irac., (collectively " Applicants"), by their attorneys, pursuant to 10 C.F.R. 52.730, move that the proceedings in Docket No.

50-4 62 OL be severed from the proceedings in Docket No. 50-461 OL, and that tile proceedings in Docket No. 50-462 OL be stayed until further order of the Board.

In support of their motion, Appli-cants state as follows:

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1.

Applicants have filed their application for operat-I ing licenses for Units 1 and 2 of the Clinton Power Station.

The Unit 1 application was assigned Docket No. 50-4 61 OL, and the Unit 2 application was assigned Docket No. 50-4 62 OL.

2.

Construction of Unit 1 is proceeding as rapidly as feasible, and is scheduled for completion in 19 8 3.

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the application for operating licenses was filed, however, no construction work has been done on Unit 2.

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percentage of completion of Unit 2 is 1. 5%, and the scheduled completion date for Unit 2 is 199 5.

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' Under 10 C.F.R. 5 50. 57 (a) (1), an operating license may be issued only upon a finding by the Commission-r that_" construction of the facility has been substantially completed."

Since construction of Unit-2-is only about

1. 5% -complete, there is no need to proceed with the appli-

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cation for-an operating license for Unit 2 at this time.

4.

For.the foregoing reasons, Applicants believe that further proceedings relating to the application for an operating license, for Unit 2 should be postponed.until such time as construction cf Unit 2 is substantially completed.

5.

Applicants are authorized to state that'the Prairie Alliance, the State of Illinois, and the Commission's Staff do not oppose this motion.

WHEREFORE, Applicants respectfully request that the proceedings in Docket-No. 50-462 OL be severed from the pro-ceedings in Docket No. 50-461 OL, and that proceedings in Docket No. 50-462 OL be stayed until further order of the Board.

Respectfully submitted, j

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r-One of the Attorneys for

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i-Applicants Peter V. Fa zio, Jr.

l Sheldon A.

Zabel William Van Susteren charles D. Fox IV

- SCHIFF HARDIN. & WAITE 7200 Sears Tower 233 South ~ Wacker Drive Chicago, Illinois 60606 (312) 876-1000

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DATED: -October 29, 1981

s CERTIFICATE OF SERVICE I hereby certify that an original and two con-formed copies of the foregoing documentwere served upon the following:

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C.

20555 Attention:

Docketing and Service Branch and that one copy of the foregoing document was served upon each of the following:

Hugh K. Clark, Esq., Chairman P. O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C.

20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C.

20555 Philip L. Willman Assistant Attorney General-Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 Prairie Alliance P. O. Box 2424 l

Station A Champaign, Illinois 61820 t

l Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

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Atomic Safety and Licensing Appeal Board Panel U.S. Nuclea: Regulatory Commission Washington, D.C.

20555 in each case by deposit in the United States Mail, postage prepaid-on October 28, 1981.

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One of the Attorneys for Applicants Schiff Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 I

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00LMETED UNITED STATES 0F AMERICA USNRC NUCLEAR REGULATORY COMMISSION 4

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IN THE MATTER OF

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ILLINOIS POWER COMPANY,

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0FFICE OF SECRETAR'T SOYLAND POWER COOPERATIVE, INC.-

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DOCKET!NG & SERVICE

-and WESTERN ILLINOIS POWER

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Docket Nos. 50 {gpbL 8

COOPERATIVE, INC.

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50-462 OL

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(Operating Licenses for Clinton

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Power Station, Units 1 and 2)

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i NOTICE To:

Hugh K. Clark, Esq., Chairman P. O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C.

20059 Dr. Oscar H. Paris-Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C.

20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 Prairie Alliance

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P. O. Box 2424 I

Station A Champaign, Illinois 61820 Atomic Safety and Licensing Board Panel U.S.' Nuclear Regulatory Commission Washington, D.C.

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Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 PLEASE TAKE NOTICE that I have filed with the Secretary of the United States Nuclear Regulatory Commis-sion MOTION FOR SEVERANCE AND STAY OF PROCEEDINGS IN

. DOCKET NO. 50-462 OL in the abovc-c aptioned matter.

A copy of this document is attached hereto and hereby served upon you.

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T(P O. _ _ [CX ftO One of the Attorneys for Applicants Schiff Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-100n DATED:

October 28, 1981 l

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