ML20040D837
| ML20040D837 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 01/25/1982 |
| From: | Gallo J ISHAM, LINCOLN & BEALE, PUBLIC SERVICE CO. OF OKLAHOMA |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8202020302 | |
| Download: ML20040D837 (5) | |
Text
1/25/82 1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'82 Jm 28 p;;:33 BEFORE THE ATOMIC LICENSING AND SAFETY BOARD CTm.
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T: N;;p In the Matter of the Application of
)
Public Service Company cf Oklahoma
)
Associated Electric Cooperative, Inc.
)
Docket Nos. STN 50-556 and
)
STN 50-557 We' stern Farmers Electric Cooperative
)
)
P-(Black Fox Station, Units 1 and 2)
)
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- JSggg, REPLY IN OPPOSITION TO INTERVEN Q "%p f
MOTION TO ABATE PROCEEDINGS
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Public Service Company of Oklahoma, Associatedi' Electric Cooperative, Inc., and Western Farmers Electric Cooperative
(" Applicants " ) hereby file ineir reply to Inter-venors' (Citizens Action for Safe Energy, Lawrence Burrell, and Ilene Younghein) January 20 " Motion to Abate Proceedings."
Applicants' reply is being filed on an expedited basis in order to avoid mooting the matter by the passage of time.
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Intervenors base their Motion on the January 15 order of the Oklahoma Corporation Commission ("OCC") and the l
belief that "there is little doubt as to the practical effect t
such an Order will have on the decision to proceed" with Black l
Fox Station, namely cancellation.
Intervenors' Motion, p.. 2.
Intervenors' assumption that the OCC order will, ipst facto, cause-cancellation of Black Fox Station is erroneous.
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can be no quarrel with the fact that the OCC believes Black
- Fox should be cancelled; but their view, as recognized.in the i
OCC order, is: strictly advisory.
OCC order, pp. 53-54.
. Although the OCC regulates the majority'of Public Service Company of Oklahoma's operations, they have only
' limited jurisdiction over Western Farmers Electric Coopera-tive,'and little if any jurisdiction over Associated Electric Cooperative, Inc., a corporation organized under the laws of Missouri.
Hence, alternatives to cancellation of-the project 4
are viable considerations. -Discussions among the Applicants are ongoing, and it is' expected that a decision will-be j
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reached by February 15, 1982.
The grant of Intervenors' Mo-i tion could prejudice these discussions because such a ruling might be interpreted as a signal on the merits of the matters under consideration.
i In addition, the untoward delay experienced by Applicants in this proceeding -- caused by the. inaction of the f
Commissioners -- should not be furthered by this Atomic Safety.
and Licensing Board
(" ASLB").
This proceeding is at an important stage.
The final round of contentions are due by 1
l-the end of the month.
Replies are due ten days later, and a prehearing conference will be held if necessary thereafter.
4 Thus, this proceeding is close to the point of finalizing the issues.for litigation and of entering the final stages of p
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discovery.
This momentum should not be disrupted by'the grant of Intervenors' Motion.
For the foregoing reasons, Intervenors' Motion should be denied.
Applicants, of course, will provide, con-sistent with the ASLB's admonition (Tr. 206), prompt advice of the February 15 decision.
Respectfully submitted, 2 - ' $ b '_5 J p ph Q411o counsel for Public Service Company of Oklahoma ISHAM, LINCOLN & BEALE Suite 840 1120 Connecticut Avenue, N.W.
Washington, D.
C.
20036 (202) 833-9730 Dated:
January 25, 1982 4
e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, Inc. )
Docket Nos. STN 50-556 and
)
STN 50-557 Western Farmers Electric Cooperative
)
)
(Black Fox Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the REPLY IN OPPOSITION TO INTERVENORS' MOTION TO ABATE PROCEEDINGS in the above-captioned proceeding were hand-delivered to Judges Wolfe and Shon, and to James H.
Thessin, Esquire, and were served upon the other persons shown below by deposit in the United States mail, first-class postage prepaid, this 25th day of January, 1982.
Sheldon J. Wolfe, Esquire Docketing and Service Section Administrative Judge Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.
S. Nuclear Regulatory U.
S. Nuclear Regulatory Commission i
Commission Washington, D. C.
20555 Washington, D.
C.
20555 Atomic Safety and Licensing Mr. Frederick J.
Shon Board Panel Administrative Judge U.
S. Nuclear Regulatory l
Atomic Safety and Licensing Commission i
Board panel Washington, D.
C.
20555 U.
S.
Nuclear Regulatory l
Commission Atomic Safety and Licensing Washington, D. C.
20555 Appeal Board Panel U.
S. Nuclear Regulatory Dr. Paul W.
Purdom Commission Administrative Judge Washington, D. C.
20555 i
U.
S. Nuclear Regulatory Commission c/o Environmental Studies i
Group Drexel University l
32nd and Chestnut Streets Philadelphia, PA 19104
Dennis C.
Dambly, Esquire James.H. Thessin, Esquire Counsel for NRC Staff Counsel for NRC Staff U.
S. Nuclear Regulatory U.
S.
Nuclear Regulatory.
Commission Commission Washington, D.
C.
20555 Washington, D. C.
20555 Joseph R. Farris, Esquire Mr. Maynard Human Feldman, Hall, Franden, Reed, General Manager
& Woodard Western Farmers Electric 816 Enterprise Building Cooperative Tulsa, Oklahoma 74103 P.
O. Box 429 Andarko, Oklahoma 73005 Mr. Clyde Wisner Public Affairs Officer Mr. Gerald F.
Diddle NRC Region 4 General Manager 611 Ryan Plaza Drive Associated Electric Suite 1000 Cooperative, Inc.
Arlington, Texas 76011 P.
O.
Box 754 Springfield, Missouri 65801 Mrs. Carrie Dickerson Citizens Action for Safe Michael L.
Bardrick, Esquire Energy, Inc.
Assistant Attorney General P. O.
Box 924 State of Oklahoma Claremore, Oklahoma 74107 112 State Capitol Building Oklahoma City, Oklahoma 73105 Mrs. Ilene H. Younghein 3900 Cashion Place Oklahoma City, Oklahoma 73112 Mr. Lawrence Burrell Route 1, Box 197 Fairview, Oklahoma 73737 I
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