ML20062B841

Motion to Dismiss Application Since Applicant Cannot Comply W/Federal Water Pollution Control Act Amends of 1972 Due to Inconsistency W/Findings of Fact,Conclusions of Law & State of Wi PSC 780817 & 30 Orders

ML20062B841
Person / Time
Site:	05000502, 05000503
Issue date:	10/09/1978
From:	Hanley W SAFE ENERGY FOR NEW HAVEN
To:
References
NUDOCS 7811010310
Download: ML20062B841 (2)

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• GEE BEFORE THE UflITED STATES flUCLEAR REGULATORY COM ES it OCH U1c78 >

\j hTC PUBLIC 1)UCU.EN1 ROO- .. m -

.j In the Matter of )

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': rgy* S i Wis~consin Electric Power Company, ) Docket flos. STN 50-502 m. I

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Wisconsin Power & Light Company, and ) STN 50-503 N'$ l Wisconsin Public Service Corporation ) j

. i Motion to Dismiss Apolication PLEASE TAKE fl0TICE that Safe Haven, Ltd., by its duly authorized repre-sentative, hereby moves that the United States fluclear Regulatory Comission (hereafter referred to as "ftRC") dismiss the application in the above-captioned proceeding because said application cannot comply with the requirements of the

. Federal Water Pollution Control Act Amendments of 1972 due to said application's inconsistency with: ('L) The Findinos of Fact, Conclusion of Law and Order issued by the Public Service Commission of Wisconsin (hereafter referred to as "PSC")

on August 17, 1978 under Docket 05-EP-1; and (2) The August 30, 1978 application to the PSC under Docket 05-CE-3.

The aptlica+. ion presently before the tiRC requests permission to constru;t t ,

two 900 megawatt nuclear units in Sheboygan County, whereas the PSC rule;d on August 17, 1978 that Wisconsin Electric Power Company, Wisconsin Power & Light Company, and Wisconsin Public Service Corporation may apply to the PSC for authority to construct only one 900 megawatt nuclear power plant at Haven, Tcwn of Mosel, Sheboygan County. On August 30, 1978, the above-named Wisconsin utilities jointly applied to the PSC for authority to construct, install and place in operation one 900 megawatt nuclear power generating unit at Haven.

Section 401a of the Federal Water Pollution Control Act Amendments of 1972 requires that certificites of compliance must be issued by the appropriate federal and state regulatory agencies before a license to construct can be granted by the' flRC. However, according to said PSC August 17, 1978 order and the nature of the l August 30, 1978 application, a certificate of compliance with Section 401a can be i

issued for only one 900 megawatt nuclear unit.

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' Therefore, because the NRC cannot issue a license to construct two 900 megawatt units due to the fact that certificates of compliance with said Federal Water Pollution Control Act Amendments of 1972 can be issued for only one 900 megawatt unit, said application before the NRC for two 900 megawatt nuclear generating units should be dismissed.

Respectfully submitted on October 9, 1978, SAFE HAVEN, LTD.

By: '///b_ d Will'iam Charles Hanleyp P. O. Box 40 Kohler, Wisconsin 53044 i .

Certificate of Service

' I hereby certify that on October 9, 1978, I served a copy of the foregoing s

Motion to Dismiss Acalication on Edward Luton, Glenn 0. Bright, E. Leonard Cheatum, Steven C. Golt. berg. Scl Burstein, Gerald Charnoff, Robert Gorske, Thomai Lockyear, Thomas Galazan, Richard L. Prosise, Atomic Safety and Licensing Board Panel, Ato:nic Safety and Licensing Appeal Panel, and the NRC Docketing and Service Section by depositing a true copy thereof in the first class mails.

kl r William Charles HanigyM

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