ML20040C059
| ML20040C059 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 01/20/1982 |
| From: | Farris J CITIZENS ACTION FOR SAFE ENERGY, FELDMAN, HALL, FRANDEN, REED & WOODWARD |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CP, NUDOCS 8201270219 | |
| Download: ML20040C059 (5) | |
Text
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n Uf[%Tfp UNITED STATES OF AMERICA
'gg JN/ 25 NUCLEAR REGULATORY COMMISSION Pl2:45 BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD _
'*1
' ticq In the Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, Inc.
)
and
)
Western Farmers Electric Cooperative
)
Docket Nos.
)
STN 50-556CP p
4 (Black Fox Units 1 and 2)
)
STN 50-557CP N b'
GEC5ivgg 6/g 9
MOTION TO ABATE PROCEEDINGS
- %gge 2
The Intervenors, Citizens Action for Saic Energy, Lawrence Burrell and Ilene Younghein, hereby move the Atom - N Safety & Licensing Board
(" Board") to abate these proceedings for thirty (30) days from and after January 15, 1982.
As grounds for this Motion, Intervenors would show the Board that the Oklahoma Corporation Commission's ("OCC") order of January 15, 1982, inter alia, directed the Applicants to advise the OCC of their decision regarding whether to proceed with Black Fox-Station ("BFS") within thirty (30) days in view of other provisions of said Order:
We beleive that tine is of the essence and that Public Service Company, together with Wastern Farmers Electric Cooperative and Asso-clated Electric Cooperative, should proceed immediately to make their decision with respect to the future of the Black Fox nuclear project and Applicant should notify this Commission of its decision within thirty days of the day of this Order.
(Order, p.61.)
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The full text of the pertinent provisicas of this Order have, of course, been provided to the Board by Applicant's attorney, Mr.' Gallo.
This Order speaks for itself and quite clearly states the position of the OCC with respect to financ-ing for BFS.
The Order falls short, as it must, of ordering the Applicants to cease construction (See, Order, p.54), but there is little doubt as to the practical effect such an order will have on the decision to proceed with BFS.
Indeed, from all that appears, the cancellation of BFS has been a fait accompli for several months and this Order and the Applicants' withdrawal of their application with the NRC are mere formalities of the eulogy.
The purpose of this Motion is not to argue the merits of the OCC Order or even the issue of the Applicants' financial qualifications under NRC licensing requirements; rather, it is merely to ask that these proceedings be placed in a " hold" status for only 30 days' time to await the decision of Applicants.
The reasoning behind such request is obvious -- under the Board's Order of October 14, 1981, within the next thirty (30) days the parties are to further identify contentions based on Supple-ment No. 3 to the SER, reword the " Final Qualifications" con-tention, complete discovery (including interrogatories and depositions) and schedule a second Prehearing conference.
If the Applicants decide to cancel BFS at the end of these 30 days, 2
.~
i e
i needless time and money will have been wasted at the expense of the taxpayers and our respective clients.
On the other hand, if the Applicants are obsessed with building BFS in spite of this Order by the OCC, let them i
repret:ent that to the Board now in no uncertain terms.
Other-wise their objection on any other grounds to this request must necessarily indicate that there is in fact indecision, which in and of itself warrants abatement for thirty days when balanced against the risk of incurring substantial additional and perhaps needless expenses.
Finally, Intervenors would represent to the Board that, should the thirty days come and go with no decision by Appli-cants to cancel, Intervenors will in good faith do all within their power to make up the loss of such-time in future schedul-ing.
While delay in these proceedings has often worked to the advantage of Intervenors, it is respectfully submitted that j
purposeful delay has not and will not be employed as a tactic by Intervenors and this request is no exception.
Intervenors request, therefore, an abatement of these proceedings for thirty (30) days from and after January 15, 1982.
Respectfully submittad, FELDMAN HALL FRANDEN p. WOODARD By 4ff
,oseph R.
Farris 81 Enterprise Building Tu sa, OK 74103 918/583-7129 ATTORNEYS FOR INTERVENORS
- ~
s.
t UNITED STATES OF AMERICA NUCLEAE REGULATORY COMMISSION l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, Inc.
)
and
)
Western Farmers Electric Cooperative
)
Docket Nos.
)
STN 50-556CP (Black Fox Units 1 and 2)
)
STN 50-557CP CERTIFICATE OF SERVICE L
4 I, Joseph R.
Farris, one of the attorneys for Citizens Action for Safe Energy (C. A. S.E. ), certify that copies of the following:
" Motion to Abate Proceedings" have been served on the persons shown on the attached list byJnited States Mail, postage prepaid, this 204$ day of u Pep ew y 1982.
/J6seph R.
Farris p
Date:
January 20, 1982 k
1
~
Sheldon J.
Wolfe, Esq.
Mr. Gregory Minor Atomic Safety and Licensing MilB Technical Associates Board Panel 1723 IIamiton Ave.
United States Nuclear Suite K Regulatory Commission San Jose, CA 95125 Washington, D.C.
20555 Andrew T.
Dalton, Esq.
~
Mr. Frederick J.
Shon Attorney at Law Atomic Safety and Licensing 1437 South Main Street Board Panel Room 302 United States Nuclear Tulsa, Oklahoma 74119 Regulatory Commission Washington, D.C.
20555 Mrs. Ilene Younghein 3900 Cashion Place Dr. Paul W. Purdom Oklahoma City, OK 73112
- Director, Environmental Studies Group Mrs. Carrie Dickerson Drexel University Citizens Action for 32nd and Chestnut Streets Safe Energy Philadelphia, PA 19104 P.
O.
Box 924 Claremore, Oklahoma 74017 Docketing and Service Section Office of the Secretary of the Joseph Gallo, Esq.
Commission Martha-E. Gibbs United States Nuclear Frederick C. Williams Regulatory Commission Isham, Lincoln & Beale Washington, D.
C.
20555 1120 Connecticut Ave.,N.W.
(3 copies)
Washington, D.C.
20036 Mr. Clyde Wisner Michael I. Miller NRC Region 4 Phillip P.
Steptoe Public Affairs Officer Isham, Lincoln & Beale 611 Ryan Plaza Dr.,
Suite 1000 One First National Plaza, Arlington, Texas 76011 Suite 4200 Chicago, Ill. 60603 James II. Thessin, Esq.
Office of the Executive Mr. Maynard IIuman Legal Director General Manager U.S. Nuclear Regulatory Comm.
Western Farmers Electric Coop.
Washington, D.C.
20555 P.
O.
Box 429 Anadarko, Oklahoma 73005 Dr. John Zink Public Service Company of Okla.
Mr. Gerald F.
Diddle P. O. Box 201 Associated Electric Tulsa, Oklahoma 74102 Cooperative, Inc.
P.
O.
Box 754 lion. Michael Bardrick Springfield, Missouri 65801 Assistant Attorney General State of Oklahoma Mr. Lawrence Burrell State Capitol Building Rt. 1, Box 197 Oklahoma City, Oklahoma 73105 Fairview, Oklahoma 73737 4
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