ML20136F284
| ML20136F284 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 03/11/1997 |
| From: | Bollwerk G, Murphy T Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED |
| References | |
| CON-#197-18200 97-725-01-OLA, 97-725-1-OLA, OLA, NUDOCS 9703140050 | |
| Download: ML20136F284 (5) | |
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/$72? C257 6
UNITED STATES OF AMERICA' M
NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY AND LICENSING BOARD V7 mR 11 P3 :25 Before Administrative Judges:
G. Paul'Bollwerk, III, Chairman 0FFICE OF SECRE fARY Peter B. Bloch DOCKET, LNG & SE4V!CE dSENCE Thomas D. Murphy j
1 In the Matter of Docket No. 50-461-OLA i
ILLINOIS POWER COMPANY and SOYLAND POWER COOPERATIVE ASLBP No. 97-725-01-OLA (Clinton Power Station, March 11, 1997 Unit No. 1)
SERVED MAR 11937 y
MEMORANDUM AND ORDER l
(Terminating Proceeding)
Responding to a January 23, 1997 notice of opportunity for hearing, gag 62 Fed. Reg.-4437 (1997), in a. February 28, 1997 filing entitled " Petition for Leave to Ietervene,"
petitioner Southwestern Electric Cooperative, Inc.
.(Southwestern), sought leave to par".icipate in any adjudicatory proceeding convened in connection with an October 17, 1996 application (as supplemented and modified' by letter dated December 31, 1996) for agency approval of an operating license amendment for tne Clinton Power Station,
'Jnit No. 1 (CPS).
The proposed license revision would permit the transfer. of Soyland. Power Cooperative's (Soyland)~
minority ownership interest in CPS to Illinois Power Company (Illinois Power), the facility's. majority owner and operator.
On March 7, 1997, this T,1 censing Board was 9703140050 970311 ADOCK05000ggi
])gg DR
I established to rule on Southwestern's petition.
Rat 62 Fed.
Reg.
(1997).
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Subsequently, on March 11, 1997, petitioner Southwestern filed a letter addressed to the Licensing Board requesting that this proceeding be terminated.
In support
)
i of its motion, Southwestern asserts that its original l
e petition was intended only to preserve its interests in the event that Illinois Power, Soyland, or some other party sought and was granted a hearing.1 No other party apparently having filed a timely hearing request, Southwestern now wishes to have this proceeding terminated.a Under the circumstances, we grant Southwestern's request.
t For the foregoing reasons, it is this eleventh day of March 1997, ORDERED, that:
Although Southwestern's February 28 filing was labeled 2
as a " petition to intervene," this would not prevent us from treating it as request to initiate a heariny if this, in fact, was what Southwestern was seeking, 333 Yankee Atomic Electric Co. (Yankee Nuclear Power Station), CLI-96-1, 43 NRC 1, 5 (1996).
a By telephone this date, we were advised by counsel for Southwestern that neither Illinois Power nor Soyland objects to the termination of this proceeding.
Also, upon inquiry, counsel for the NRC staff advised the Board that the staff has no objection to termination of this proceeding.
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- 1. The March 11, 1997 motion of Southwestern to terminate this proceeding is oranted; and 2.
Southwestern's February 28, 1997 petition for leave to intervene is dismissed and this proceeding is terminated.
THE ATOMIC SAFETY 3
AND LICENSING BOARD l
<W G. Paul Bollwerk, III, Chairman ADMINISTRATIVE JUDGE Ad Thodas D. Murphy ADMINISTRATIVE JUDGE Rockville, Maryland March 11, 1997 i
Administrative Judge Bloch was not available to sign 8
this memorandum and order.
He was, however, advised of its contents and approved its issuance.
\\
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
In the Matter of SOUTHWESTERN ELECTRIC COMPANY, INC.
Docket No.(s) 50-461-OLA (Illinois Power Company Soyland Power Cooperative)
CERTIFICATE OF SERVICE l
I hereby certify that copies of the foregoing LB M&O TERMINATING PROCEEDING have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
j Administrative Judge Office of Commission Appellate G. Paul Bo11werk, III, Chairman Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Peter B. Bloch Thomas D. Murphy Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Lawrence J. Chandler, Esq.
Michael Postar, Esq.
Office of the General Counsel Southwestern Electric Cooperative Mail Stop 15 B18 Duncan, Weinberg, Miller & Pembroke U.S. Nuclear Regulatory Commission 1615 M Street, N.W., Suite 800 Washington, DC 20555 Washington, DC 20036 N. Beth Emery, Esq.
Wilfred Connell Soyland Power Cooperative, Inc.
Vice President
.Sutherland, Asbill & Brennan Illinois Power Company
- 1275 Pennsylvania-Avenue, NW 500 South 27th Street Washington, DC 20004 Decatur, IL 62525 w
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Docket No.(s)50-461-OLA LB M&O TERMINATING PROCEEDING i
Dated at Rockville, Md. this 11 day of March 1997 g
1 Office of the Secretary of tre Commission i
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