ML20052B646

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Memorandum & Order Dismissing Issue 2,re Util Financial Qualifications,From Proceeding.Commission Rules Amended to Exclude Financial Qualifications from Proceeding
ML20052B646
Person / Time
Site: Perry  FirstEnergy icon.png
Issue date: 04/28/1982
From: Bloch P
Atomic Safety and Licensing Board Panel
To:
WISCONSIN ELECTRIC POWER CO.
References
ISSUANCES-OL, NUDOCS 8205030410
Download: ML20052B646 (1)


Text

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UNITED STATES.0F AMERZCA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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Before Administrative Judges:

Peter B. Bloch, Chairman *g7 pg pg pg pg Dr. Jerry R. Kline Mr. Frederick J. Shon In the Matter of U Docket-Nos. 50-440-0L 50-441-0L CLEVELAND ELECTRIC ILLUMINATING COMPANY, et al.

(Perry Nuclear Power Plant, Units 1 & 2)

April 28, 1982 MEMORANDUM AND.0RDER (Concerning Motion to Dismiss Financial Qualifications Contention)

On March 31, 1982, the Nuclear Regulatory Commission amended its reg-ulations in 10 CFR Parts 2 and 50, effective immediately, to eliminate the requirement for financial qualifications reviews for electric utility appli-cants and to prohibit the consideration of financial qualifications conten-tions in licensing proceedings.

47 Fed. Reg. 13750.

Pursuant to that regu-lation, Wisconsin Electric Power Company moved to dismiss Issue #2, dealing with its financial qualifications.

The application of the new regulation to our proceeding is straightforward.

There is no reason for us to delay, either because Sunflower Alliance Inc. considers this an important issue which it would like more time to study or because of the possibility that a court may sometime in the future decide that this rule has been improperly promulgated.

We have no reason to doubt the validity or applicability of the rule and must therefore apply it.

ORDER For all the foregoing reasons and based on consideration of the entire record in this matter, it is this 28th day of April,1982, ORDERED Issue #2, relating to Wisconsin Electric Company's financi al ifications, is dismissed from this proceeding.

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