ML20079K931

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Motion to Withdraw Petition for Leave to Intervene & Request for Hearing Re Extension of Time for Type a Test.Certificate of Svc Encl
ML20079K931
Person / Time
Site: Salem PSEG icon.png
Issue date: 01/20/1984
From: Delaney C
DELAWARE, STATE OF
To:
Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8401250196
Download: ML20079K931 (3)


Text

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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMitISSION DOLMETED UWO BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'84 JM 24 21:51 IN THE MATTER OF- )

PUBLIC SERVICS ELECTRIC )

& GAS COMPANY LFFCE M RLW' r - .

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(Salem Nuclear Generating Docket No. 50-272-OLA OCCKElluG A gEW.T'

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Station, Unit 1) )

MOTION TO WITHDRAW PETITION COMES NOW the State of Delaware, by and through its attorney Carolyn E. Delaney, and moves to withdraw its Petition For Leave To Intervene and Request for Hearing in this matter.

Counsel states in support of said Motion that:

'l. In an Order dated November 17, 1983 the Atomic Safety and Licensing Board granted the State of Delaware's petition on the proposed issuance of an amendment to the Operating License (No.

DPR-70) for Sa'lem Nuclear Generating Station, Unit 1.

2. Delaware's request for a hearing prior to the iu lance of the proposed amendment had-been rendered moot by the NRC Staff's issuance of the amendment on October 31, 1983.
3. The NRC's Safety Evaluation issued together with the amendment on October 31, 1983 found that the proposed one-time extension of the time interval for performance of a Type A test did.not involve a significant hazards consideration.
4. The State of Delaware had until January 4, 1984 to file a supplement to its intervention petition setting forth at least one cognizable contention in compliance with 10 C.F.R. S2.714 (b) .

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5. The State of Delaware requested and received a two-week extension while technical staff completed their review of the matter.
6. That review has now been completed and on the advice of the technical experts, Delaware has determined that despite con-tinuing concern about the safe operation of the Salem Nuclear Generating Station, no contention should be filed.

WHEREFORE, counsel moves to withdraw its petition for leave to intervene and request for hearing in this matter.

Respectfully submitted Charles M. Oberly, III Attorney General of the State of Delaware By: , Ll* % . b  %

CarolfN E. Delaney ()

Deputy Attorney General Dated: ,

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UNITED STATE OF AMERICA NUCLEAR REGULATORY COMMISSION C0le.ETED BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD UM:

In the matter of )

> '84 JAN 24 A!1:52 Q .PUBLIC SERVICE ELECTRIO & GAS COMPANY )

) Docket Nog &O-472gOLA.

(Salem Nuclear Generating Station, ) 00CXEiiWAs[p7;h

-Unit 1) ) BRANCH CERTIFICATE OF SERVICE I hereby certify that copies of " Motion to Withdraw Petition" in the above-captioned proceeding have been served en the following by deposit in the United States Mail, first class.on January 20, 1984.

Marshall E. Miller, Esq., Chairman Janice Moore, Esq.

Administrative Judge Counsel for NRC Staff Atomic Safety and Licensing Board Office of the Executive U.S. Nuclear Regulatory Commission Legal Director Washington, DC 20555 U.S. Nuclear Regulatory Commission Dr. Emmeth Luebke Washington, DC 20555 Adminstrative Judge Atomic Safety and Licensing Board Mark J. Wetterhahn, Esq.

U.S. Nuclear Regulatory Commission Conner & Wetterhahn Washington, DC 20555 1747 Pennsylvania Ave., N.W.

Suite 1050 Dr. Jerry Harbour Washington, DC 20006 Administrative Judge Atomic Safety and Licensing Board Attorney General U.S. Nuclear Regulatory Commission State of New. Jersey Washington, DC 20555 36 West State Street Trenton, NJ 08625 Richard Fryling, Jr., Esq.

Assistant General Solicitor Atomic Safety and Licensing Public Service Electric L Board Gas Company U.S. Nuclear Regulatory 80 Park Place Commission Newark, NJ 07101 Washington, DC 20555 Atomic Safety and Licensing Appeal Board Docketing and Service Section U.S. Nuclear Regulatory Commission Office of the Secretary Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 0 !56 . b Ut mlW Lisa B.. Ilimber

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