ML20050M701
| ML20050M701 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/07/1982 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8204140318 | |
| Download: ML20050M701 (6) | |
Text
_ _.
o April 7, 1982 t
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION q.7 y Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY,
_e_t a_l.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
MOTION TO DISMISS FINANCIAL QUALIFICATIONS CONTENTION Contention 2 in this proceeding asserts that- \\(MJf g Applicant has not demonstrated N'
that it possesses or has reasonabl 9 g@f N- \\
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f {,p/y,#hJvg necessary to cover the estima'ted
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costs of operation, including the costs of reasonably forseeable 4,4g contingencies, for Perry Nuclear 9
Vf Power Plant, Units 1 and 2.
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,f Special Prehearing Conference Memorandum and Order, LBP-81-24, 14 NRC 175, 195 (1981).
Applicants move to dismiss this contention in view of the final rule on financial qualifications adopted by the Commission on March 31, 1982 (47 Fed. Reg. 13750).
The final rule published on March 31, 1982, eliminates all aspects of financial qualifications from NRC review at the operating license stage (as well as at the construction permit stage).
As stated in revised 10 CFR S 2.104 (c) (4),
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[T]he issue of financial qualifications shall not be considered by the presiding officer in an operating license hearing 5
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8204140318 820407 PDR ADOCK 05000440 G
if the applicant is an electric utility seeking a license to operate a production or utilization facility of the type described in S 50.21(b) or S 50.22.
47 Fed. Reg. at 13753.
See also 10 CFR Part 2, App. A, S VII.
i (b) (4), 47 Fed. Reg. 13754; and 10 CPR S 50.33 (f) (1), at id.
Since Applicants are " electric utilities",* and since they are seeking a license to operate a utilization facility ** of the type described in 10 CFR S 50.22, the new regulation excludes all financial qualifications issues from this proceeding.
The exclusion extends to the financial qualification issues associated with decommissioning, as well as other financial qualifications issues.
See 47 Fed. Reg. at 13751.
The Commission thus rejected the alternative considered in the
- The new regulations define " electric utility" as any entity that generates or distributes electricity and which recovers the costs of this electri-city, either directly or indirectly through rates established by the entity itself or by a separate regulatory authority.
10 CFR S 2.4 (s), 47 Fed. Reg. at 13753; see also S 50.4 (x), 47 Fed. Reg. at 13754.
Applicants are entities that generate and distribute electricity, and which recover the cost of this electricity through rates established by separate regulatory authorities (i.e. the Public Utilities Commission of Ohio, the Pennsylvania Public Utility Commission, and the Federal Energy Regulatory Commission.)
See Applicants' Application for Operating Licenses, General Information Section.
i
proposal rule of retaining financial qualifications associated with decommissioning while eliminating all other financial qualifications issues.
See 46 Fed. Reg. 41786 (August 18, 1981).
For those utilities (such as Applicants) coming within the scope of the rule, the rule thus completely eliminates financial qualification issues from licensing proceedings.
The rule is also immediately effective and applies to those proceedings already in progress and to issues and contentions in those hearings.
[T]he rule will be applied to ongoing licensing proceedings now pending and to issues or contentions therein, Union of Concerned Scientists v. AEC, 499 F.2d 1069 (D.C. Cir. 1974)....
47 Fed. Reg. at 13753.
Thus, the rule excludes Contention 2 from this proceeding, even though it had previously been admitted as a litigable issue.
As a result of the Commission's action, the financial qualifi-cations contention in this proceeding is no longer appropriate and must be dismissed.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE
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By
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' hy ' E Silbbrg,P.C{}'
g ns el for Applicants 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY et al.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE 1
l This is to certify that copies of the foregoing
" Motion To Dismiss Financial Qualifications Contention",
i l
were served by deposit in the U.
S. Mail, First Class, postage
- prepaid, this 7th day of April 1982, to all those on the i
attached Service List.
i Y
$A A
J ag E.
Silbesg7'P.C.
1 Dated:
April 7, 1982 l
l t
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440
" ILLUMINATING COMPANY, et _al.
)
50-441 (Perry Nuclear Power Plant,
)
Units 1 and 2
)
SERVICE LIST Pcter B.
Bloch, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C. 20555 Dr. Jerry R.
Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C. 20555 l
Mr. Frederick J.
Shon James H. Thessin, Esquire Atomic Safety and Licensing Board Office of the Executive U.S. Nuclear Regulatory Commission Legal Director l
Wahsington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Christine N. Kohl, Chairman Atomic Safety and Licensing Ms. Sue Hiatt l
Appeal Board OCRE Interim Representative U.S. Nuclear Regulatory Commission 8275 Munson Avenue Washington, D.C.
20555 Mentor, Ohio 44060 Dr. John H.
Buck Daniel D. Wilt, Esquire Atomic Safety and Licensing Wegman, Hessler & Vanderburg Appeal Board Suite 102 U.S. Nuclear Regulatory Commission 7301 Chippewa Road Washington, D.C.
20555 Brecksville, Ohio 44141 Gary J.
Edles, Esquire Terry Lodge, Esquire Atomic Safety and Licensing 915 Spitzer Building Appeal Board Toledo, Ohio 43604 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Tod J.
Kenney 228 South College, Apt. A Atomic Safety and Licensing Bowling Green, Ohio 43402 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Tha Cleveland Electric Illuminating Company, et al.
Service List Page Two Donald.T. Ezzone, Esquire Assistant Prosecuting Attorney Lake County Administration Center 105 Center Street Painesville, Ohio 44077 John G.
Ccrdinal, Esquire Prosecuting Attorney Ashtabula County Courthouse Jefferson, Ohio 44047 I
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