ML20054C315

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Order Granting NRC 820408 Motion to Dismiss Dekalb Area Alliance for Responsible Energy/Sinissippi Alliance for Environ Contention 1(i).NRC Final Rule Eliminated Consideration of Financial Qualification Issues
ML20054C315
Person / Time
Site: Byron  Constellation icon.png
Issue date: 04/15/1982
From: Mark Miller
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 8204200346
Download: ML20054C315 (2)


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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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Before Administrative Judges:

Marshall E. Miller, Chairman Dr. A. Dixon Callihan Dr. Richard F. Cole SERVEc Apjd 6' q In the Matter of

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Docket Nos. 50-454

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50-455

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COMMONWEALTH EDISON COMPANY

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April 15,1982[s'/9

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9 (Byron Station, Units 1 and 2)

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/I ORDER DISMISSING CONTENTION 1(i)

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The Staff filed a motion on April 8,1982 to dismiss DAARE/ SAFE Contention 1(i), dealing with the financial qualifications of the l

Applicant. The basis for this motion is the recent change by the l

l Commission in NRC regulations eliminating financial qualifications review. The motion will be granted.

On March 31, 1982, the Commission published a final rule in the Federal Register, effective immediately, eliminating entirely the financial qualifications review and findings for an electric utility applicant.

The financial qualifications of such an applicant are not SO D s Ib 8204200346 82041S PDR ADOCK 05000454 G

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>.\\ among the issues to be considered in pending or future construction permit or operating license proceedings (47 Fed. Rei. 13750,13753).

Consequently, the financial qualification contention ir. this operating license proceeding is no longer a litigable issue.

For the foregoing reasons, Contention 1(i) is dismissed from this proceeding.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD xl _ E,

Marshall E. Miller, Chairman Oated at Bethesda, Maryland this 15th day of April, 1982.

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