ML20040F374
| ML20040F374 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 02/01/1982 |
| From: | Farris J CITIZENS ACTION FOR SAFE ENERGY, FELDMAN, HALL, FRANDEN, REED & WOODWARD |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20040F365 | List: |
| References | |
| ISSUANCES-CP, NUDOCS 8202090128 | |
| Download: ML20040F374 (5) | |
Text
.. u y
o 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,
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Associated Electric Cooperative, Inc.
)
and
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Western-Farmers ElectricfCooperative
)
Docket Nos.
)
STN 50-556CP (Black Fox Units 1 and 2)
)
STN 50-557CP INTERVENORS' REWORDED CONTENTION REGARDING FINANCIAL QUALIFICATIONS-Pursuant.to the Board's Order of December 17, 1981,
. granting, inter alia, the reopening of the record upon the issue of the Applicants' -financial qualifications, but requir-4 ing the Intervenors to resubmit a reworded. contention., supported b
by bases and set forth with reasonable specificity,.Interve ors respectfully propose the following reworded contention:
FINT4!iCIAL QUALIFICATIONS 1
l The Applicants can no longer, if indeed it ever could, demonstrate with reasonable assurance that it possesses, or.
can obtain, the funds necessary to build the proposed Black f
Fox Station, Units 1 and 2.
On January 25, 1982, the Oklahoma-Corporation Commission filed 1its decision in Cause No. 27068 which' concluded, inter alia, that the Applicant, Public Service Company of Oklahoma's, decision to proceed with the construction b
820209013B G2020i
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-gDRADOCK 05000556
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I of Black Fox would be considered an imprudent decision and thus denied PSO the right to include any part of the cost of Black Fox in its rate base.
The full text of this decision was previously submitted to the Board pursuant to Mr. Gallo's letter of January 18, 1982, and said Order of the Oklahoma Corporation Commission is ir.cluded herein by reference.
In light of said Order, the Intervenors specifically contend that the Applicant is not financially qualified to construct the proposed units because:
1.
The Staff's conclusion in Section 20.0 in Supplement i
No. 1 to the SER, dated September,-1978, (NUREG-0190) was based on financial information and underlying assumptions which are now clearly outdated and no longer viable; and 2.
The Applicant, PSO, is a public utility owning 60.-870%
of the proposed Black Fox Station, Units 1 and 2, and'is subject to rate regulation by the Oklahoma Corporation Commission.
The Oklahoma Corporation Commission's recent Order of January 15, 1
1982, denied the inclusion of construction work in progress (CWIP) in the PSO rate base and as a result of such denial, PSO can no longer bear its share of the costs of constructing Black Fox Station as presently proposed.
The Corporation Commission's order in this respect was borne out by the witnesses supplied by the Corporation Commission staff, Intervenors and indeed, witnesses of the utility itself; and l
f 2
,w 3.
The Applicants can no longer provide this Board with sufficient assurance that its plan for financing Black Fox Station is possible, let alone economically sound.
Respecfully submitted, FELDMAN, HALL, FRANDEN & WOODARD l
f e
h By
_ seph/R. Farris i
81 nterprise Building Tu sa, OK 74103 ATTORNEYS FOR INTERVENORS
- M
tIA-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.
)
and
)
Western Farmers Electric Cooperative
)
Docket Nos.
)
STN 50-556CP (Black Fox Units 1 and 2)
)
STN 50-557CP CERTIFICATE OF SERVICE I,
Joseph R.
Farris, one of the attorneys for Citizens Action for Safe Energy (C. A.S.E. ), certify that copies' of the following:
INTERVENORS' PROPOSED CONTENTIONS IN VIEW OF SUPPLEMENT NO. 3 TO THE SAFETY EVALUATION REPORT and INTERVEbORS' REUORDED CONTENTION REGARDING FINANCIAL QUALIFICATIONS have been served on the persons shown on the attached list by United States Mail, postage prepaid, this 1st day of February 1982.
l p
eph/R. Farris Date:
February 1, 1982
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Sheldon J. Wolfe, Esq.
Mr. Gregory Minor Atomic Safety and Licensing MilB Technical Associates Board Panel 1723 Ilamiton Ave.
United States Nuclear Suite K Regulatory Commission San Jose, CA 95125 Washington, D.C.
20555 Andred T.
Dalton, Esq.
Mr. Frederick J.
Shon Attorney at Law
. Atomic Safety and Licensing 14 37 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, Environteental Studies Group Mrs. Carric 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 buclear Frederick C. Williams Regulatory Commission' Isham, Lincoln & Beale Washington, D.
C.
20555 1120 Connecticut Ave.,N.W.
(3 copies)
Washington, D.C.
2D036 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 H. Thessin, Esq.
Office of the Executive Mr. Maynard Human 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 Hon. 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
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