ML20148F272

Order Denying Applicant'S 780728 Motion to Suppl the Record Pursuant to Bd Order of 771101 Since Appeal Bd Has Sole Jurisdiction in This Area as of 780724

ML20148F272
Person / Time
Site:	Black Fox
Issue date:	10/26/1978
From:	Wolfe S Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7811070330
Download: ML20148F272 (2)

Text

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NRO PUBLIC DOCUAENT ROOM

%c UNiTEDSTATESOFAMIRICA i -

NUCLEAR REGULATORY COMMISSION 1 OCI2 71978 v .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 93NMEw . . , ,

% 9' Ri In the Matter of )

)

PUBLIC SERVICE COMPANY OF OKLAHOMA, ) Docket Nos. STN 50-556 Q ASSOCIATED ELECTRIC COOPERATIVE, INC. ) STN 50-557 and )

WESTERN FARMERS ELECTRIC COOPERATIVE, )

INC. )

)

(Black Fox Station, Units 1 and 2) )

ORDER On July 28, 1978, Applicants filed a Motion To Supplement The 1/

Record Pursuant To Board Order Of November 1,1977 Therein Applicants requested that we admit into evidence three documents as

~2/

Exhibits 27A, B and C and stated that, when the clerical task of issuing the water permit had been completed, a motion would be filed requesting that said permit be admitted into evidence. On August 2, 1978, Intervenors 1

1/ The Order of November 1, 1977, while formally closing the record in the instant proceeding, stated that, as soon as possible, Applicants should furnish copies of the Stream Water Permit as approved by the Oklahoma Water Resources Board and that said document would be admitted into evidence as l

Applicants' Exhibit 27. We assumed that, if the 0WRB issued a permit to I

withdraw water, said permit would be issued shortly after November 1,1977.

y These documents were identified as follows:

a. Findings of Fact, Conclusions of Law and Order of the Oklahoma Water Resources Board.

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b. Letter to Public Service Company of Oklahoma from the Oklahoma Water Resources Board,

c. Letter to one of Applicants' attorneys from Public Service Company of Oklahoma.

781107033o

responded opposing the granting of the Motion and, on August 17, 1978, the NRC Staff responded in favor of granting the Motion.

However, prior to the filing of the instant Motion, the Board had issued on July 24, 1978 the Partial Initial Decision Authorizing Limited 3/

Work Authorization, LBP-78-26, 8 NRC 102. Accordingly, we deny the instant Motion since, as of July 24, 1978, the Appeal Board has sole jurisdiction to act thereon.

IT IS S0 ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD A.N Y Sheldon J. R51fe, Esquire Chairman 1 Dated at Bethesda, Maryland this 26th day of October,1978.

I 3/ Therein, at Finding 46, inter alia, we stated that ". . . Applicants 1 Iiave filed an application for a permit to withdraw [ water] with OWRB, which is pending.", that ". . . Tulsa has water rights which have been conveyed to PS0", that ". . . while details of the means of delivery of water have to be worked out, there is ample time to do this before water is needed for operation of Black Fox", and that "The Applicants are not required to have every permit in hand before an LWA is authorized".