ML20034G759
| ML20034G759 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/05/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Dow R, Dow S, Dan Orr, Orr I AFFILIATION NOT ASSIGNED |
| References | |
| CON-#193-13683 CPA, LBP-92-37, NUDOCS 9303110162 | |
| Download: ML20034G759 (4) | |
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' /3dF3 UNITED STATES OF AMERICA
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NUCLEAR REGUATORY COMMISSION 93 Wa -5 P2 29
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In the Matter of
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Docket No. 50-446-CPA
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(Comanche Peak Steam Electric
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Station, Unit 2)
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SERVa) HAR -5 $93 ORDER On December 15, 1992, the Atomic Safety and Licensing Board denied two joint petitions for leave to intervene and for hearing on a request by Texas Utilities Electric Company (TUEC) for an amendment to extend the construction completion date for Unit 2 of the Comanche Peak Steam Electric Station.
LBP-92-37, 36 NRC Appeals from that order have been filed by B.
Irene Orr and D.I. Orr and by R. Micky Dow, Sandra Long Dow, and " Disposable Workers of Comanche Peak".
Given the current status of construction, the Commission is hereby directing the parties to the appeals to show cause why the Commission should not: (1) dismiss the proceeding and the pending appeals as moot; (2) vacate the Licensing Board's order in accordance with United States v. Munsinewear. Inc., 340 U.S.
36 (1950), (3) and deny any further extension as unnecessary, thereby treating the construction permit as having expired as of
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the date of a Commission order dismissing the proceeding as moot.
TUEC shall file its response to this order with the Secretary of the Commission by hand delivery or electronic 9303110162 930305 i
PDR ADOCK 05000446 l}$C"'
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2 facsimile by the close of business at 4:15 p.m. on Tuesday, March 9,
1993.
TUEC should address in its response the current status of construction of Comanche Peak Unit 2.
The appellants and the NRC staff may file a reply with the Secretary of the Commission by hand delivery or electronic facsimile by close of business at 4:15 p.m. on Friday, March 12, 1993.
All submissions shall be served on the litigants in the same or equivalent manner to ensure completion of service by the close of business on the day the filing is due.
For the Commission M&g
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SAMUEL J.
CHILK Secretary of the Commission Dated at Rockville, Maryland, this day of March 1993.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of TEXAS UTILITIES ELECTRIC COMPANY Docket No.(s) 50-446-CPA (Comanche Peak Steam Electric Station, Unit No. 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER DATED 3/5/93 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Office of Commission Appellate Administrative Judge-Adjudication Morton B. Margulies, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge James H. Carpenter Peter S. Lam Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555
- Marian L. Zobler, Esq.
- George L. Edgar, Esq.
Michael H. Finkelstein, Esq.
Counsel for T U Electric Office of the General Counsel Newman & Holtzinger, P.C.
U.S. Nuclear Regulatory Commission 1615 L Street, N.W., Suite 1000 Washington, DC 20555 Washington, DC 20036
- R. Micky Dow
- Michael D. Kohn, Esq.
Sandra Long Dow Counsel for Petitioners Disposable Workers of Comanche Peak Kohn, Kohn & Colapinto, P. C.
Steam Electric Station 517 Florida Avenue, N.W.
506 Mountain View Estates Washington, DC 20001 Granbury, TX 76048
- EAXED
- HAND DELIVERED
Docket No.(s)50-446-CPA COMMISSION ORDER DATED 3/5/93 Dated at Rockville, Md. this 5 day of March 1993 Office of the Secretary of the Comission i
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