ML20040F303

Motion to Dismiss Portion of Licensee Application for Ola to Sleeve Instead of Plug Defective Steam Generator Tubes in Unit 1.Possibility of Sleeving Unit 1 No Longer Contemplated.Certificate of Svc Encl

ML20040F303
Person / Time
Site:	Point Beach
Issue date:	02/02/1982
From:	Patricia Anderson WISCONSIN'S ENVIRONMENTAL DECADE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8202090060
Download: ML20040F303 (3)

Text

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WED-02/02/82P:50266Ng.g UNITED STATES OF AMERICA Cf0 d c- 3 NEijg a sg , -

NUCLEAR REGULATORY COMMISSION uMliCd Before the Atomic ?afety and Licensing Board N

t Wisconsin Electric Power Company POINT BEACH NUCLEAR PLANT UNITS 1 & 2 y@

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Docket Nos. 50-266 and 50-301 Operating License Amendment k %~ di'FD 9 -

9 (Steam Generator Tube Sleeving Program) " "' ] 7 7gg[2-DECADE'S MOTION TO DISMISS THE APPLICATION IN PARTS ,y Wisconsin's Environmental Decade,' Inc. (" Decade") her[eby moves the Atomic Safety and Licensing Boa rd (" Boa rd") to dismiss without prejudice that part of the Licensee's application in the above-referenced proceeding relating to a license amendment to sleeve instead of plug def ected steam generator tubes in Point Beach Nuclear Plant Unit 1 on the following grounds.

By letter dated January 15, 1982, the Licensee informed the Board that "it is not contemplated that full-scale sleeving will be performed at Point Beach Unit 1."

. By letter dated January 22, 1982, the Decade inquired of the Licensee: "(1) is the Licensee formally withdrawing its license amendment application to permit sleeving in lieu of plugging at Unit 1 and (2) is the Licensee still contemplating sleeving at Unit 1 which is not ' full scale'."

By letter dated January 27, 1982, the Licensee responded that it "is not withdrawing its licensee amendment application with respect to sleeving steam generator tubes at Unit 1. * *

• 8202090060 820202 PDR ADOCK 05000266

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4 Repairs at either unit will be carried out as the situation indicates at any given time, consistent with applicable license conditions."

It is not the task of the Nuclear Regulatory Commission ("Commis sion") to undertake time consuming and costly review proceedings for activities that are no longer proposed.

Since the possibility of sleeving Unit 1 is no - longer contemplated, the case is simply not ripe for adjudication.

The portion of this proceeding relating to Unit 1 should be severed from that relating to Unit 2 and thence be dismissed without prejudice. -

W SCONSIN' ENVIRONMENTAL DECADE, INC.

By

/ PETER DERSON Director of Public Affairs 114 North Carroll Street Suite 208 Madison, Wisconsin 53703 (608) 251-7020

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,3 r - r-UNITED STATES OF AMERICA . '82 FEB -5 P1 -@ "'

NUCLEAR REGULATORY COMMISSION ~

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Wisconsin Electric Power' Company ~'i.

7 POINT BEACH NUCLEAR PLANT UNITS 1 & 2 Docket Nos. 50-266 and 50-301 CERTIFICATE OF SERVICE I certify that true and correct copies of the foregoing document will be served this day by depositing copies of the same in the first class mails, postage pre-paid and correctly addressed, to the following:

Peter B. Bloch, Chairman A*omic Safety & Licensing Loard U. S. Nuclear Regulatory Commission Washington, D. C. 20555

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Dr. Hugh g. Paxton

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1229 -41s Street -

Los Alamos, New Mexico 87544 D r. Je r ry R. Kline Atomic Safety & Licensing Board * --

U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Docketing & Service U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Richard Bachmann Office of Executive Legal Director U. S. Nuclear Regulatory Commission.

Washington, D. C. 20555 Mr. Bruce W. Churchill Shaw Pittman Potts and Towbridge 1800 M Street N.W.

Washington, D. C. 20036 Mr. Francis X. Davis Westinghouse Electric Corporation i P.O. Box 355 '

i Pittsburgh, PA 15230 ,

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