ML20127G190
| ML20127G190 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 05/17/1985 |
| From: | Zabel S, Zabel S ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20127G181 | List: |
| References | |
| OL, NUDOCS 8505200682 | |
| Download: ML20127G190 (10) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CO U,ETir USNRC IN THE MATTER OF ILLINOIS
)
POWER COMPANY, SOYLAND POWER
)
E MY 20 A11 :30 COOPERATIVE,INC. and WESTERN
)
Docket No. 50-462 OL ILLINOIS POWER COOPERATIVE,INC.
)
0FFICE 0; ncp..
(Clinton Power Station Unit 2)
)
00CMETING & siWl[f BRANCH MOTION TO TERMINATE PROCEEDING 1.
On September 8,1980 an application, as subsequently amended, by Illinois Power Company (IPC), Soyland Power Cooperative, Inc. and Western Illinois Power Cooperative, Inc. (" Applicants") for operating licenses for Units 1 and 2 at the Clinton Power Station (" CPS") was docketed by the Nuclear Regulatory Commission ("NRC")
as Docket Nos. 50-461 OL and 50-462 OL. The application for Unit I was a joint application;IPC was the sole applicant for Unit 2.
2.
Petitions to intervene were filed on October 27, 1980 by Prairie Alliance
("PA") and on October 29, 1980 on behalf of the People of the State of Illinois by the Illinois Attorney General ("I A G").
On November 7, 1980 an order was entered establishing an Atomic Safety and Licensing Board ("ASLB") for the Docket.
- 3. On May 29,1981 the ASLB entered an order admitting PA as an intervenor and allowing the People of the State of Illinois to participate as an " interested state."
4.
On motion of the Applicants, by order dated November 13, 1981, the ASLB severed the CPS Unit I and Unit 2 proceedings and stayed further proceedings as to Unit 2, Docket No. 50-462 OL.
S.
By letter to ASLB dated October 18, 1983 with copies to the parties and NRC staff, IPC gave notice that CPS Unit 2 had been cancelled. (A copy is attached as Exhibit 1.)
8505200682 850517 PDR ADOCK 05000462 0
PDR i
- 6. On April 9,1985, IPC by letter to the Director, Office of Nuclear Reactor Regulation, withdrew the application for an operating license for Unit 2 and requested rescission of Construction Permit No. CPPR - 138 that had previously been issued for the construction of CPS Unit 2. (A copy is attached as Exhibit 2.) As stated in that letter, all of the stabilization work described in the FSAR, as well as the installation of the drainage system has been completed.
- 7. Because of the cancellation of CPS Unit 2 this proceeding has been rendered moot and it is appropriate for the ASLB to enter an order so finding, authorizing the Director, Office of Nuclear Reactor Regulation to rescind the Construction Permit for CPS Unit 2 and terminating and dismissing this proceeding without prejudice.
Rochester Gas and Electric Corporation (Sterling Project, Unit 1). ALAB 596,11 NRC 867 (1980); Long Island Lighting Company et al. (Jamesport Nuclear Power Station, Units 1 and 2), ALAB 628,13 NRC 24 (1981).
8.
Counsel for IPC has been notified by the representative of PA and counsel for the NRC and has been authorized to represent to the ASLB that they do not object to this motion.
WHEREFORE, IPC request that the ASLB enter an order finding that this proceeding is moot, authorizing the Director Office of Nuclear Reactor Regulation to rescind Construction Peruit No. CPPR - 138 and terminating this proceeding without prejudice.
Dated: May 17,1985 Respectfully submitted, e
One of the Attorneys for/
Dlinois Power Compeny -
Sheldon A. Zabel Charles D. Fox, IV Sara L. Johnson Schiff liardin & Waite 7200 Sears Tower Chicago, Illinois 60606 (312) 876-1000.
EXHIBIT 1 SCHIFF HARDIN $WAITE a pwo-se e-ces=uwe wasmuoton omet:
7200 Seera Tower. Chicago, minois 80606 1101 Connecticut Avenue.N.W Weshington.D.C.20036
)
Tolophone (212)8761000 Tw mo.2212463 Telephone (202) 857 0600 Tesea SHW64590 i
October 18, 1983 TEDERAL EXPRESS DX KE TE '
USNRC Bugh K. Clark, Esq., Chairman Administrative Judge P. O. Box 127A 85 MM 20 #1:30 Kennedyville, Maryland 21645 4
Dr. George A. Ferguson GFFICE OF SEckUA-Administrative Judge 00CHETING & S[if W.I, BRANCH School of Engineering Boward University 2300 Sixth Street, N.W.
Washington, D.C.
20059 Dr. Oscar B. Paris Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:
Illinois Power Company -
Clinton Power Station, Unit 1 50-461 OL
Dear Judge Clark,
Judge Ferguson, and Judge Paris:
Enclosed is a copy of a Press Release of October 14, 1983 in which Illinois Power Company officially announced the cancellation of Unit 2 of the Clinton Power Station.. Illinois Power Company will meet with the Nuclear Regulatory Commission Staff in the near future to discuss the impact of the cancella-tion of Unit 2 on the licensing of Unit 1.
Please do not hesitate to contact me if you have-any questions.
We will, of course, keep the Board fully informed on all futura developments with respect to the cancellation of Unit 2.
Very truly yours, Charles D. Fox IV CDF:kb Enclosure ec:
Pr.sirie Alliance Jean Foy Richard J. Goddard Philip L. Willman William F. Patterson, Jr.
Allen Samelson
Q o
l' ILLINDIS FOR IMMEDIATE RELEASE I.
For further information contact:
Al Adams (217) 424-6400 NEWS RELEASE PDWER DECATUR, IL., October 14, 1983 -- Illinois Power Company today officially anneinced the cancellation of Unit 2 at the Clinton nuclear power tion.
The company has not perform'ed any additional work toward completion of Clinton 2 since 1977.
Negotiations are now underway to cancel contracts pertaining to completion of Unit 2.
The present investment in work completed, plus cancellation costs for Unit 2, on a net after-tax cost to Illinois Power Company is estimated to be between 516 million and 522 million.
The company intends to seek approval to amortize these costs over a period of years.
In announcing the cancellation the company cited the fact that its projected saler of electricity indicate that no replacement j
or additional generating unit's will be needed after Clinton Unit 1 comes on line until sometime in the 1990s.
l Clinton Unit 1 is now 81 percent complete with commercial operation scheduled for 1986..
_.,r______....
HBrP2 U-0821 L30-85 (04-09 )-L 1A.120
/LLIN0/S POWER COMPANY. 'lP l
CLINTCN POWER STATICN. P.o. 8Cx 678. CLINTON. ILLINOIS 61727 April 9, 1985 DOC KEir.-
Docket No. 50-462 estacp Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation 1Ei NAY 20 N1:30 U. S. Nuclear Regulatory Countission Washington, DC 20555 0FFK;c Cr SEget;fe.
OCCXETjtj p EFvirl
Subject:
Clinton Power Station Unit 2 Docket No. 50-4620L Withdrawal Construction Permit No. CPPR - 138 Withdrawal
Dear Mr. Denton:
This letter is written to formally verify Illinois Power's (IP) prior notice of the cancellation of Clinton Power Station (CPS) Unit 2 dated October 18, 1983, to withdraw the application for an operating license for Unit 2, and to request the rescission of Construction Permit No. CPPR-138 issued for Unit 2.
On February 24, 1976, the Office of Nuclear Reactor Regulation issued Construction Permit Nos. CPPR - 137 and CPPR -138 for Units 1 and 2 at the Clinton Power Station on Docket Nos. 50-461 and 50-462.
The expiration date for the Construction Permit for Unit 1. CPPR -137, has been extended to October 1, 1986, the most recent extension being issued on March 8, 1985. Construction Permit No. CPPR - 138, for CPS Unit 2, expired on October 1, 1981.
On September 8,1980, an application for operating licenses for Units 1 and 2 was docketed by the Commission as Docket Nos. 50-461 OL and 50-462 OL respectively. IP was the sole applicant for CPS Unit 2.
On November 7,1980, an order was entered establishing an Atomic Safety and Licensing Board (ASLB) for these Dockets and on November 13, 1981,
By letter to the ASLB nembers dated October 18, 1983.
(attached) with copies to the parties and the staff, IP gave notice that Unit 2 had been cancelled.
IP hereby formally notifies the NRC of the cancellation of Unit 2, withdraws the application for an operating license for Unit 2, and requests that Construction Permit CPPR - 138 be rescinded. IP will make the necessary conforming amendments to the application and to the FSAR.
As previously discussed with the staff, no actions beyond those already taken are necessary for stabilization of the Unit 2 excavation. These actions, which are described in FSAR subsection 2.5.4.14.4, were taken following the suspension of Unit ; construction, but prior to the
U-0821 L30-85(04-09)-L 1A.120 official notice of its cancellation. IP also will file a motion with the ASLB to terminate the licensing proceedings for Unit 2 Docket No.
50-462 OL, without prejudice, and to authorize.the Director of the Office of Nuclear Reactor Regulation to rescind the Construction Permit.
If you have any questions on this matter or require further information, please do not hesitate to contact me.
e ours.
. Hall Vice President RW/ lab Attachment cc:
B. L. Siegel, NRC Clinton Licensing Project Manager NRC Resident Office Regional Administrator, Region III USNRC Illinois Department of Nuclear Safety i
l 1
l l
s a.,..,_ -..,
.,,.,.n-,
-,c,--...,,
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
$ RC IN THE MATTER OF ILLINOIS
)
POWER COMPANY, SOYLAND POWER
)
15 MAY 20 All: '
J COOPERATIVE, INC. and WESTERN
)
Docket No. 50-462 OL ILLINOIS POWER COOPERATIVE,INC.
)
kCKIT#isg#kk{yy (Clinton Power Station Unit 2)
)
g BRANCH NOTICE OF FILING TO:
Hugh K. Clark, Esq., Chairman P. O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.
Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Allen Samelson Greig R. Siedor Assistant Attorney General Environmental Control Division Southern Region 500 South Second Street Springfield, Illinois 62706 Jean Foy 511 W. Nevada Urbana, Illinois 61808 o
w John McCaffrey Assistant Attorney General Attorney General's Office Public Utilities Division 160 North LaSalle Street Suite 900 Chicago, Illinois 60601-3084 Prairie Alliance Box 2424 Station A Champaign, Illinois 61820 Herbert H. Livermore U. S. Nuclear. Regulatory Commission Clinton Nuclear Power Station R. R. 3, Box 229A
' Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 PLEASE TAKE NOTICE that I have this 17th day of May,1985 filed with the Secretary of the United States Nuclear Regulatory Commission a Motion to Terminate Proceeding in the above-captioned matter. A copy of this document is attached hereto and hereby served upon you.
/
/One of the Attorneys /d ~ Applicants Sheldon A. Zabel Charles D. Fox, IV Sara L. Johnson SCHIFF HARDIN & WAITE 7200 Sears Tower Chicago, Illinois 60606 (312) 876-1000 c.
e o
CERTIFICATE OF SERVICE I hereby certify that an original and two conformed copies of.the foregoing
~
document were served upon the following:
C 17 Secretary of the Commission
. $ gy 70 All 30 United States Nuclear Regulatory Commission Washington, D. C. 20555 Attention: Docketing and Service Branch
[i[/
and that one copy of the foregoing document was served upon each of the o Hugh K. Clark, Esq., Chairman P. O. Box 127 A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.
Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Allen Samelson Greig R. Sledor Assistant Attorney General Environmental Control Division Southern Region 500 South Second Street Springfield, Illinois 62706 Jean Foy 511 W. Nevada Urbana, Illinois 61808 John McCaffrey Assistant Attorney General Attorney General's Office Public Utilities Division 160 North LaSalle Street Suite 900 Chicago, Illinois 60601-3084
Prairie Alliance Box 2424 Station A Champaign, Illinois 61820 Herbert H. Livermore U. S. Nuclear Regulatory Commission Clinton Nuclear Power Station R. R. 3, Box 229A Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel
-l U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 by deposit in the United States Mail, postage prepaid on May 17,1985.
/by$
One of the Attorneys f6rdpplicants Sheldon A. Zabel Charles D. Fox, IV Sara L. Johnson SCHIFF HARDIN & WAITE 7200 Sears Tower Chicago, Illinois 60606 (312) 876-1000