ML20054F543
| ML20054F543 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 06/09/1982 |
| From: | Gleason J Atomic Safety and Licensing Board Panel |
| To: | KANSANS FOR SENSIBLE ENERGY, KANSAS GAS & ELECTRIC CO., NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| ISSUANCES-OL, NUDOCS 8206170087 | |
| Download: ML20054F543 (2) | |
Text
{{#Wiki_filter:_ d ,.4.. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION c. 1; '.L,,v:: hf s-E ATOMIC SAFETY AND LICENSING BOARD -{, .. a : :. N' Before Administrative Judges James P. Gleason, Chairman SERVED JUN 101982 George C. Anderson J. Venn Leeds In the Matter of ) Docket No. 50-482 OL ) KANSAS GAS AND ELECTRIC C0., ET. AL. ) ) (Wolf Creek Generating Station, ) Unit 1) ) June 9, 1982 MEMORANDUM AND ORDER ON DISMISSAL OF FINANCIAL QUALIFICATIONS CONTENTION AND DISMISSAL OF INTERVENOR AS PARTY The Applicants and Staff have moved to dismiss the financial l qualification contention of Intervenor Kansans for Sensible Energy I (KASE), and also KASE as a party, from this proceeding. The basis for such motions is the recent Commission rule eliminating the issue l ~ f financial qualifications from operating license hearings. The o financial ablities of the Applicants to operate or decommission the Wolf Creek facility is the sole issue raised by KASE in this proceeding and accordingly, if the basis for its participation is lost, the party's standing fails and KASE must be dismissed as a participant. SCU g 8206170007 [ % 2 PDR ADOCK PDR {
In responding to the Applicants and Staff motions, KASE requests a denial on the grounds that the Commission lacks statutory authority to adopt the ru'a. Whatever validity might attach to KASE's response, this Board's domain cannot be the forum in which this argument can be confronted and decided. Commission regulations make clear the lack of any authority to challenge tne Commission's rules or regulations in an adjudicatory proceeding involving initial licenses. (10 CFR 2.758) The Commission's rulemaking action of March 31, 1982, therefore leaves the Board with no alternative but to grant the motions of the Applicant and the Staff, and accordingly KASE and its contention on financial qualifications are dismissed from this proceeding. IT IS 50 ORDERED. FOR THE ATOMIC SAFETY AND LICENSING BOARD &c/ i James P. Gleason, Chairman ADMINISTRATIVE JUDGE l l l l l l .._ _ --_. _ _}}