ML20087H788

Motion Requesting Issuance of Order Authorizing Withdrawal of Application.Plant Will Be Used as Part of New Fossil fuel-fired Electric Generating Plant.Certificate of Svc Encl

ML20087H788
Person / Time
Site:	Zimmer
Issue date:	03/20/1984
From:	Conner T CINCINNATI GAS & ELECTRIC CO., CONNER & WETTERHAHN
To:	Atomic Safety and Licensing Board Panel
References
CON-DSB-24 NUDOCS 8403210178
Download: ML20087H788 (8)

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. MAR 2 019845 --

d 6 Doctrmic a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6 d55Y[* -sv

[h Before the Atomic Safety and Licensing Board QI]ih In the Matter of )

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The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

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(Wm. H. Zimmer Nuclear Power )

Station) )

MOTION FOR WITHDRAWAL OF APPLICATION On January 21, 1984, The Cincinnati Gas & Electric Company, on its own behalf and on behalf of Dayton Power &

Light Company and Columbus & Southern Ohio Electric Company

(" Applicants"), announced that it was ceasing work on the Zimmer Station as a nuclear plant and the three companies would use their best efforts to convert the plant to a coal-burning unit.* / Notice to the Commission was given on January 27, 1984, as set forth in the attached letter.

Accordingly, in accordance with 10 C.F.R. S2.107, the Applicants request the issuance of an c der authorizing the withdrawal of the application in the captioned proceeding and dismissing the proceeding.

-*/ Because of the present limited jurisdiction of the Licensing Board, Applicants considered whether the Appeal Board or even the Commission had jurisdiction over this matter. However, it appears that ~1n this case from the second sentence of 52.107(a) that- the (Footnote Continued) 8403210178 840320 i l PDR ADOCK 05000358 U - PDR ,: s

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All fuel will be removed from the site not later than i

August 31, 1984.

The existing nuclear steam supply system will be modified so that it cannot operate as a " utilization facility" by isolating the system indide the reactor

, building by severing and welding caps on two main feedwater lines and the four main steam leads. In addition, control rod drive mechanisms will be removed from the reactor

vessel. The balance of plant will be used to the extent possible as part of the new fossil fuel-fired electric generating plant. As such, there will be no change in the fundamental character of the Zimmer site as one for the gen--

eration of electric power.

Because the Applicants will not use the Zimmer site for a nuclear plant at any time in the future, Applicants have no objection to the Licensing Board's dismissal of the

application with prejudice against the _ future use of the

site for a nuclear plant.

On the basis of the foregoing, Applicants move that the (Footnote. Continued)~

Commission has 'specifically_ delegated withdrawals of' applications to licensing boards.

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1 Board issue an order authorizing withdrawal of the applica-tion subject to the a foresaici conditions. A copy of. a proposed order is attached.

l-Respectfully submitted, 4 CONNER & WETTERHAHN, P.C.

- d' Troy . Lonner, Jr.

Counsel for the Applicants j March 20, 1984

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[ ## y-UNITED STATES OF AMERICA 15

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7, i NUCLEAR REGULATORY COMMISSION f[c.\ 7 q 6- $

ATOMIC SAFETY AND LICENSING BOARD g Before Administrative Judges:

e co, 9 John H. Frye, III, Chairman Dr. Frank F. Hooper Mr. G.A. Linenberger, Jr.

)

In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H . Zimmer Nuclear Power )

Station) )

_)

ORDER (Granting Motion to Withdraw Application and Terminate Proceeding) _

On January 27, 1984, the Applicants informed the Commission that they would not pursue their applicatica for an operating license for the Wm. H. Zimmer Nuclear Power Station. Accordingly, Applicants moved this Board on March

_, 1984 to authorize the withdrawal of the application and to terminate the proceedi'ng, advising us that the applica-tion may be dismissed with prejudice because Applicants do not intend to use the Zimmer site in the future for any nuclear facility.

The Applicants state that the existing nuclear steam 1

supply system will be rendered incapable of operation. All i 1

fuel will be removed from the site not later than August'31, 1984.

,I Applicants. state that the balance of the plant will be used to the- extent - possible as part of a new fossil electric generating plant. Accordingly, there will be no change in the fundamental character of the Zimmer site as one for the generation of electric power.

Because the Applicants have agreed to dismissal of the application with prejudice as stated below, it is hereby ORDERED this _ day of , 1984:

1. That Applicants' request for withdrawal of their application and for termination of the proceeding for an operating license for the Wm H. Zimmer Nuclear Power Station is granted, subject to the following conditions:

A. Dismissal is with prejudice to future reap-plication by the Applicants for the con-struction and operation of any nuclear power facility at the same site;

B. All fuel must be removed from the site not later than August 31, 1984; C. The existing nuclear steam supply system must be rendered incapable of operation;

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i D. The balance of the-plant may be used to the extent -possible as part of a new fossil electric generating plant.

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2. That this Order shall be effective immediately upon issuance and shall constitute the final action of the Board

! upon the application herein. The withdrawal, pursuant to 10 C.F.R. 52.107, shall be final upon the Regulatory Staff's determination that conditions 1-B and C have been carried out.

! FOR Tile ATOMIC SAFETY AND LICENSING BOARD John H. Frye, Chairman i

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/ i9 40 UNITED STATES OF AMERICA #

NUCLEAR REGULATORY COMMISSION e 0)

Before the Atomic Safety and Licensing Board In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H . Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Motion for Withdrawal of Application," and accompanying proposed " Order" dated March 20, 1984 in the captioned matter, have been served upon the following by deposit in the United States mail this 20th day of March, 1984:

Judge John H. Frye, III Chairman, Atomic Safety Chairman, Atomic Safety and and Licensing Appeal Licensing Board Board Panel 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 Cnairman of Resource and Licensing Board Ecology Program Panel School of Natural U.S. Nuclear Regulatory Resources Commission University of Michigan Washington, D.C. 20555 Ann Arbor, MI 48104 Docketing and Service Mr. G.A. Linenberger, Jr. Branch Administrative Judge Office of the Secretary 1005 Calle Largo U.S. Nuclear Regulatory i Sante Fe, NM 87501 Commission Washington, D.C. 20555 1

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Charles A. Barth, Esq. David K. Martin, Esq.

Counsel for the NRC Staff Assistant Attorney General Office of the Executive Acting Director Legal Director Division of U.S. Nuclear Regulatory Environmental Law Commission Office of Attorney General Washington, D.C. 20555 209 St. Clair Street Frankfort, Kentucky 40601 Deborah Faber Webb, Esq.

7967 Alexardria Pike George E. Pattison, Esq.

Alexandria, Kentucky 41001 Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq. 462 Main Street Attorney at Law Batavia, Ohio 45103 200 Main Street Batavia, Ohio 45103 William J. Moran, Esq.

Vice President and Lynne Bernabei, Esq. General Counsel Government Accountability The Cincinnati Gas &

Project /IPS Electric Company 1901 Q Street, N.W. P.O. Box 960 Washington, D.C. 20009 Cincinnati, Ohio 45201 John D. Woliver, Esq. Stephen H. Lewis, Esq. U.S.

Clermont County Nuclear Regulatory Community Council Commission Box 181 Region III Batavia, Ohio 45103 799 Roosevelt Road Glen Ellyn, Illinois 60137 Brian Cassidy, Esq.

Regional Counsel Federal Emergency Management Agency Region I John W. McCormick POCH Boston, MA 02109 M M Conner, Jr. '

cc: Robert F. Warnick Director, Enforcement and Investigation NRC Region III 799 Roosevelt Road Glen Ellyn, Illinois 60137