ML20133F699

Withdrawal of 850916 Notice of Appeal from Concluding Partial Initial Decision LBP-85-35 Re Emergency Planning

ML20133F699
Person / Time
Site:	Perry
Issue date:	10/08/1985
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
CON-#485-750 LBP-85-35, OL, NUDOCS 8510110193
Download: ML20133F699 (4)

Text

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.- n October 8, 1985" UNITED STATES OF AMERICA 5 OCT 10 /dO 36 NUCLEAR REGULATORY COMMISSION CU W Y . : .2. 2.,

Before the Atomic Safety and Licensing AphYalIBIo'aEdn'Kf In the Matter of )

)

,THE CLEVELAND ELECTRIC ) Docket Nos.550-440 A/

ILLUMINATING COMPANY, ET AL. ) 0-4 41 U L_,

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

APPLICANTS' WITHDRAWAL OF NOTICE OF APPEAL FROM PARTIAL INITIAL DECISION The Cleveland Electric Illuminating Company, acting for itself and as agent for the Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, and The Toledo Edison Com-pany (" Applicants") hereby withdraw their notice of appeal l/

i from the Atomic Safety and Licensing Board's (" Licensing l

'l Board's") Concluding Partial Initial Decision on Emergency Planning, Hydrogen Control and Diesel Generators, LBP-85-35, 1

22 N.R.C. (September 3, 1985) (served September 4, 1985). I As explained in the notice of appeal, Applicants filed the notice to protect their right to appeal the timing of two li-cense conditions imposed by the Licensing Board relating to off site etaergency planning issues, pending the Licensing I Board's ruling on Applicants' request for clarification from the Board. In its Memorandum and Order (Motion for 1/ Applicants' Notice of Appeal from Partial Initial Deci-sion, dated September 16, 1985.

8510110193 851000 PDR ADOCK 05000440 Dsos

4 Clarification of Initial Decision) (October 4, 1985) (served October 7, 1985), the Licensing Board clarified that the two license conditions at issue need not be met prior to operation above 5% of rated power. Accordingly, Applicants are withdraw-ing their notice of appeal.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE BY: E^i /4 Cl( - 1 Ja E Mi h e

.lberg, P.C.

A. Swiger gf Counsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: October 8, 1985 a

October 8, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL. ) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is.to certify that copies of the foregoing "Appli-cants' Withdrawal of Notice of Appeal from Partial Initial De-cision" were served by deposit in the United States Mail, First Class, postage prepaid, this 8th day of October, 1985, to all those on the attached Service List.

N/E L - 'M MICHXEL A. SWIGER f DATED: October 8, 1985

6 k

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD (

In the Matter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL. ) 50-441

)

(Perry Nuclear Power' Plant, )

Units 1 and 2) )

SERVICE LIST James P. Gleason, Chairman ' Atomic Safety and Licensing 513 Gilmoure Drive Appeal Board Panel Silver Spring, Maryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Jerry R. Kline Docketing and Service Section Atomic. Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Glenn O. Bright Colleen Woodhead, Esquire Atomic Safety and Licensing Board Officelof the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Alan S. Rosenthal, Chairman Atomic Safety and Licensing Terry Lodge, Esquire Appeal Board Suite 105 U.S. Nuclear Regulatory Commission 618 N. Michigan Street Washington, D.C. 20555 Toledo, Ohio 43624 Dr. W. Reed Johnson Donald T. Ezzone, Esquire Atomic Safety and Licensing Assistant Prosecuting Attorney Appeal Board Lake County Administration Center U.S. Nuclear Regulatory Commission 105 Center Street Washington, D.C. 20555 Painesville, Ohio 44077 Mr. Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 John G. Cardinal, Esquire Ms. Sue Hiatt Prosecuting Attorney 8275 Munson Avenue Ashtabula County Courthouse Mentor, Ohio 44060 Jefferson, Ohio 44047