ML20062D022
| ML20062D022 | |
| Person / Time | |
|---|---|
| Site: | 05000502, 05000503 |
| Issue date: | 10/30/1978 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7811160170 | |
| Download: ML20062D022 (4) | |
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1 NRC PI7BLIC L IJUMENT RCcif UNITED STATES OF AMERICA NUCLEAR REGULATORf COMMISSION 10/30/78 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of WISCONSIN ELECTRIC POWER Docket Nos. 50-502 COMPANY,ET,A1 50-503 e llD I ;g (Haven Nuclear Plant, Units ..s: Om TF p 1 and 2) )
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NRC STAFF RESPONSE TO SAFE HAVEN, LTD.,
MOTION TO DISMISS APPLICATION h g
% a On October 9, 1978, petitioner Safe Haven, Ltd. (Safe Haven) filed a motion 1/
before the Nuclear Regulatory Commission (NRC or Comission) to dismiss the application in the captioned proceeding. The motion is supported on the premise that_the NRC is prevented from issuing a construction permit for a two-unit Haven nuclear plant since the Applicant would be unable to obtain a certificate of compliance with 5401 of the Federal Water Pollution Control Act Amendments of 1972 as the result of an August 17, 1978 Order issued by the Public Service Comission of Wisconsin (PSCW) .in connection with its consideration of an Advance Plan filed before it by the Applicant and other utilities under applicable state law. The referenced Order stated, in part, that the PSCW would only entertain an application for state certification of a single (rather than two) unit nuclear plant at the Haven site for reasons that are not relevant to the disposition of this motion.
1/ The Commission's Rules of Practice require that motions be addressed to the presiding officer, rather than the Commission, when a proceeding is pending before a presiding officer. 10 CFR 92.730(a). This response is addressed to the presiding Atomic Safety and Licensing Board given the likelihood that the motion will be referred to it for consideration by the Comission.
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-2 Without conceding the validity of the legal theory upon which the motion is based, the Staff submits that it is unnecessary to reach the merits of the motion since the issue underlying the motion has been rendered moot by virtue of the Applicant's letter of October 18, 1978 to the Director of the NRC Office of Nuclear Reactor Regulation. A copy of the October 19 letter was attached to the Applicant's " Answer to Safe Haven, Ltd., Motion
, to Dismiss Application", dated October 24, 1978.
In its letter of October 19, the Applicant requested the NRC Staff to dis-continue its consideration of the proposed second unit at Haven under the assigned docket number and to process the application, instead, as simply a pne-unit construction permit application. The Applicant noted its intent to amend its formal application accordingly.
In light of the foregoing, the instant motion should be dismissed as moot.
Respectfully submitted, i
l $ N Steven C. Goldberg Counsel for NRC Staff i
! Dated at Bethesda, Maryland this 30th day of October, 1978.
1 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) -
) '
WISCONSIN ELECTRIC POWER ) Docket Nos . 50-502 COMPANY , ET AL. ) 50-503
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(Haven Nuclear Plant, )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO SAFE HAVEN, LTD.,
MOTION TO DISMISS APPLICATION", in the above-captioned proceeding have been served on the following by deposit in the United States mail, first I class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 30th day of October, 1978:
Edward Luton, Esq. , Chairman
- Gerald Charnoff, Esq.
Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commission 1800 M Street, N. W.
Washington, D . C. 20555 Washington, D. C. 20036 Mr. Glenn O. Bright
- Robert H. Gorske, Esq.
Atomic Safety and Licensing Board General Counsel U.S. Nuclear Regulatory Commission Wisconsin Electric Power Company Washington, D. C. 20055 231 West Michigan Street Milwaukee, Wisconsin 53201 Dr. E. Leonard Cheatum Route 3 Thomas A. Lockyear, Esq.
Box 350-A Assistant Chief Counsel Watkinsville, Georgia 30677 Public Service Commission of Wisconsin Mr . . Sol Surstein Hill Farms State Office Building Executive Vice President Madison, Wisconsin 53702 Wisconsin Electric Power Company l 231 West Michigan Street Mr. William Charles Hanley l Milwaukee, Wisconsin 53201 President, Safe Haven Ltd.
I P. O. Box 40 Kohler, Wisconsin 53044
Mr. Thomas Galazen Atomic Safety and Licensing Northern Thunder Appeal Panel (5)*
Box 334 - --
U.S. Nuclear Regulatory Commission i Turtle Lake, Wisconsin 54889 Washington, D. C. 20555 Richard W. Hennegar, Esq. Docketing and Service Section (3)
Wisconsin Departrnent of Office of the Secretary Natural Resources U.S. Nuclear Regulatory Commission Box 7921 Washington, D. C. 20555 l Madison, Wisconsin 53707 Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Mh 44Al Steven C. Goldberg ,
- Counsel for NRC Staff
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