ML20054E146

Response Supporting NRC 820407 Motion to Dismiss Bursey Contention A2 Re Financial Qualifications.Commission Elimination of Financial Qualifications in Pending OL Proceedings Renders Contention Moot.Certificate of Svc Encl

ML20054E146
Person / Time
Site:	Summer
Issue date:	04/21/1982
From:	Knotts J SOUTH CAROLINA ELECTRIC & GAS CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8204260183
Download: ML20054E146 (4)

Text

,

D3tO: April.21, 1982 UNITED STATES OF AMERICA g Q NUCLEAR REGULATORY COMMISSION .g7.. g 7; w ;1 8 +

'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD RECEIVED ,

97 APR 2 31982>- 12

- ~

n atm twm canna In the Matter of: C) 4 SOUTH CAROLINA ELECTRIC & GAS } w COMPANY , 'e t ~al .

1 Docket No. 50-395-(Virgil C. Summer Nuclear )

Station, Unit 1) 1 APPLICANTS'. RESPONSE IN SUPPORT OF STAFF MOTION ~TO DISMISS CONTENTION On April 7, 1982, the NRC' Staff'. filed.a-motion'to> dismiss Intervenor Bursey's Contention A2 in this proceeding relating to financial qualifications, including decommissioning costs. The basis for the Staff's motion is the Commission's elimination of fin-ancial qualifications (including decommissioning costs) as an issue in, inter alia, pending operating license proceedings.

47 Fed. Reg. 13750 (March 31, 19 82) .

t It should be pointed out that the record reflec.ts (see ,

I e.g. SER Supp. 1 S20.2) that each of the applicants, South Carolina Electric & Gas Company and South Carolina Public Service Authority, is an " electric utility", within the mea' ing' n of 10 C.F.R. SS2.4 (s) and 50. 2 (x) as used throughout the amendments, eg . in. Appendix A of 10 C.F.R. Part 2, SVII(b) (4) and in 10 C.F.R. 550. 57 (a) (4) . It may also be noted that the Statement of Considerations accompany-l ing the final rule reflects (at "IV Conclusion") that ". . . the rule will be applied to ongoing licensing proceedings now pending and to issues or contentions therein.

. . . pffdl1 so 8304260l43

~

O In light of the final rule, the accompanying Statement of Considerations, the' status of the applicants as electric utilities, and the~ guidance of the Appeal Board decision cited by'the Staff it appears that the Board should dismiss the contention.

For the foregoing reasons, Applicants support the Staff motion to dismiss Contention A2.

Res ectfully submitted, D r1

/

oseph B. Knotts, Jr.

Atgarney for Applicants l '

J 1/ Houston Lighting and' Power Co. (Allens Creek Nuclear

, March 31, Generating Station, Unit 1), ALAB-671, 14 NRC 1982).

. _. _ .. =.

s "

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the, Matter ofi SOUTH CAROLINA ELECTRIC & 1 GAS COMPANY )

(Virgil C. Summer Nuclear Station,' Unit 1) )

CERTIFICATE OF' SERVICE I hereby certify that copies of " Applicants Response in Support of Staff Motion to Dismiss Contention" in the above captioned matter,.were served upon the following persons by deposit :in .the . United : States mail, first class' postage prepaid

~

this 21st day of April, 1982.

Herbert Grossman, Esq. Steven C, Goldberg, Esq.

Chairman, Atomic Safety Office of the Executive and Licensing Board Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 <

Washington, D.C. 20555 Dr. Frank F. Hooper' Chairman Atomic Safety and School of Natural Resources Licensing Appeal Board Panel University of Michigan U.S. Nuclear Regulatory Ann Arbor, Michigan 48109 Commission Mr. Gustave A. Linenberger Member, Atomic Safety and Docketing and Service Section Licensing Board Panel Office.of the Secretary U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety and Richard P. Wilson, Esq.

Licensing Board Panel Assistant Attorney General U.S. Nuclear Regulatory . South Carolina Attorney Commission General's office Washington, D.C. 20555 P.O. Box 11549 Columbia, South Carolina 29211 George Fischer, Esq.

Vice President and Group Mr. Brett Allen Bursey Executive - Legal Affairs Route 1, Box 93-C South Carolina Electric & Gas Little Mountain, S.C. 29076 Company P.O. Box 764 Columbia, South Carolina 29202

.s

,, . w l

John C. Ruoff Post Office Box 96 Jenkinsville, South. Carolina 29065 Robert Guild, Esq.

314 Pall Mall Columbia, South Carolina 29201 MORb

' Joseph B. Knotts)-Jr.

v s

e t

4 9

9