ML20149K897

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Applicant Motion to Terminate Proceeding.* Requests That ASLB Issue Order Terminating Proceeding Forthwith.Proposed Form of Order Encl.W/Certificate of Svc
ML20149K897
Person / Time
Site: La Crosse File:Dairyland Power Cooperative icon.png
Issue date: 02/19/1988
From: Gallen K
DAIRYLAND POWER COOPERATIVE, NEWMAN & HOLTZINGER
To:
Atomic Safety and Licensing Board Panel
References
CON-#188-5655 OL, NUDOCS 8802240031
Download: ML20149K897 (5)


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~d6}5 UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION Offf[fD BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'E8 FEB 19 P3:i?

In the Matter of )

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0FFICE CF signcia;y DAIRYLAND POWER COOPERATIVE ) Docket No. 50-409 IjN$

) Full-Tenn Operating Lice nse$$!8VICE (La Crosse Boiling Water Reactor) )

APPLICANT'S MOTION TO TERMINATE PROCEEDING Dairyland Power Cooperative ("Dairyland"), the Applicant in the above-captioned proceeding, hereby respectfully moves that the Licensing Board terminate this proceeding. In support of this motion, Dairyland states as follows:

1. This proceeding involves the proposed conversion of Dairyland's Provisional Operating License No. DPR-45 for the La Crosse Boiling Water Reactor (LACBWR) into a Full Term Operating License pursuant to the license application submitted to the United States Atomic Energy Commission, the predecessor of the Nuclear Regulatory Commission ("NRC"), by Dairyland t on October 9, 1974.
2. On April 29, 1987, Dairyland formally advised the NRC that Dairyland intended to permanently shut down LACBWR and decommission the plant rather than continue to pursue a Full Term Operating License. LACBWR was subsequently shut down by Dairyland on April 30, 1987 and final defueling of the reactor was completed on June 11, 1987.

8802240031 800219 PDR ADOCK 05000409 C pop 01

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3. On May 22, 1987, Dairyland submitted an application to the NRC to convert License No. DPR-45 into a "possession only" license authorizing Dairyland to possess but not operate LACBWR. On August 4, 1987, the NRC, in response to this application, issued Amendment No. 56 to License No. DPR-45 converting this license into a "possession only" license authorizing Dairyland to possets the LACBWR facility, but prohibiting Dairyland from operating LACBWR.
4. On Dec .icer 21, 1987, Dairyland submitted its proposed Decommissioning Plan for LACBWR to the NRC and by letter dated February 10, 1988, Dairyland amended the application which it had originally submitted on October 9, 1974 'l

to (a) delete the request to convert Ligense No. DPR-45 s

into a Full Term Operatin License and (bi s include a s request that the NRC amend this license to authorize n Dairyland to continue to maintain LACBWR in a ;odsession only status during the safe storage and'dec'ontamination periods specified in the Decommissionina,Plin.

N As noted above, t:iis proceeding is predicated upon Dairyland's request to convert its Prcvisien 1 Operating License forLACBWRintoaFullTermOperatingLicenseanbtoobtain NRC authorization to continue operating LACBWR for a forty year period. Inasmuch as (a) Dairy.'tand has permanently shut down LACBWR and is prohibited from rbStarting LACBWR under the terms of its existing license and (b) Dairyland has withdrawn its request to convert its existing license into a Full Tcrm 1

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Operating License, there is no purpose in continuing this proceeding.

Dairyland therefore respectfully requests that the Licensing Board issue.an order terminating this proceeding forthwith. A proposed form of order is attached hereto as 7

Appendix A.

Respectfully submitted, s

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cvin P'. Gallen Janet E.B. Ecker Newman & Holtzinger, P.C.

1615 .L Street, N.W.

Washington, D.C. 20036 202-955-6623

> Counsel for DAIRYLAND POWER COOPERATIVE I

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O APPENDIX A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING. BOARD In the Matter of )

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-DAIRYLAND POWER COOPERATIVE ) Docket No. 50-409

) Full-Term Operating License (La Crosse Boiling Water Reactor) )

ORDER TERMINATING PROCEEDING This proceeding involves the proposed conversion of the Applicant Dairyland Power Cooperative's provisional Operating License No. DPR-45 for the La Crosse Boiling Water Reactor (LACBWR) into a Full Terra Operating License. On April 29, 1987, the Applicant advised the NRC of its decision to permanently shut down and decommission LACBWR rather than pursue a full term operating license. LACBWR was shut down on April 30, 1987, and final defueling was completed on June 11, 1987.

License No. DPR-45 was subsequently converted to a possession only license authorizing the Applicant to possess, but not operate, LACBWR. The Applicant has withdrawn its application to convert its existing license into a full term operating license and has requested that this proceeding be terminated.

IT IS THEREFORE ORDERED that this proceeding is hereby terminated effective immediately.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Date

UNITED STATES OF AMERICA t NUCLEAR REGULATORY COMMISSION C g.-..D BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,

l In the Matter of )  !

) 0FFICL Or. . w.t le ' j DAIRYLAND POWER COOPERATIVE ) Docket No. 50-409 00CKElmG A SEnlCI.

BRANCH

) Full-Term Operating License (La Crosse Boiling Water Reactor) ) l CERTIFICATE OF SERVICE I hereby certify that the foregoing has been served as of this date by personal delivery or first class mail, postage prepaid, to the following:

Judge Charles Bechhoefer Docketing & Service Section Atomic Safety and Licensing Office of the Secretray Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Judge Frederick J. Shon Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory l Board Panel Commission l U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board l Dr. George C. Anderson U.S. Nuclear Regulatory Commission Department of Oceanography University of Washington Washington, D.C. 20555 Seattle, Washington 98195 ,

Colleen Woodhead, Esquire Staff Attorney Office of Executive Legal Dairyland Power Cooperative Director 2615 East Avenue, South U.S. Nuclear Regulatory La Crosse, Wisconsin 54601 Commission Washington, D.C. 20555 Coulee Region Energy Coalition 2307 East Avenue Mr. John Parkyn La Crosse, Wisconsin 54601 Plant Superintendent Da.iryland Power Cooperative La Crosse Boiling Water Reactor Genoa, Wisconsin 54631 Kevin P. allen Counsel for I DAIRYLAND POWER COOPERATIVE Date: February 19, 1988

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