ML20154K875

Motion to Withdraw Applications & to Terminate Proceedings.* NRC Does Not Intend to Oppose Motion.With Certificate of Svc

ML20154K875
Person / Time
Site:	Seabrook
Issue date:	10/15/1998
From:	Repka D NORTH ATLANTIC ENERGY SERVICE CORP. (NAESCO), WINSTON & STRAWN
To:	NRC COMMISSION (OCM)
References
CON-#498-19642, CON-#498-19643 LA, LA-2, NUDOCS 9810190053
Download: ML20154K875 (5)

Text

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MP DOCKE USq tober 15,1998 UNITED STATES OF AMERICA 93 OCT 16 P1 :38 NUCLEAR REGULATORY COMMISSION 0;" '

BEFORE THE COMMISSION Ab[

In the Matter of )

)

North Atlantic Energy Service Corporation ) Docket Nos. 50-443-LA

) 50-443-LA-2 (Seabrook Station) )

MOTION TO WITHDRAW APPLICATIONS AND TO TERMINATE PROCFFDINGS Pursuant to 10 C.F.R. 2.107(a), North Atlantic Energy Service Corporation

("NAESCO"), the applicant in the above-captioned proceedings, requests issuance of an order authorizing withdrawal of the two license amendment applications at issue and terminating the two proceedings.

By Motion dated October 1,1998, NAESCO, along with Seacoast Ar.ti-Pollution League ("SAPL") and New England Coalition on Nuclear Pollution ("NECNP"), the petitioners to intervene with respect to these matters, requested a short deferral of the briefing schedule in this proceeding in order to acconunodate settlement negotiations between the parties. The parties have not settled the case. Instead, due to other considerations, NAESCO has opted to cease in its efforts to obtain the requested Technical Specification changes at this time. As stated in the attached NAESCO letter on the licensing docket, NAESCO has requested that the applications be 9810190053 981015 ADOCK 0500 3 DR p}

f h*

withdrawn.1' Plans have been revised such that the next refueling outage at Seabrook Station are set to be conducted on a schedule consistent with the existing Technical Specifications.

Under the current circumstances, there is no basis or need for conditions on the withdrawal of the OL application or on the termination of this proceeding. See, e.g., Duke Power Comnany (Perkins Nuclear Station, Units 1, 2 and 3), LBP-82-81,16 NRC 1128,1134-35(1982)(federal law favors dismissals without prejudice where the other parties will not be harmed; conditions on withdrawal would be imposed only when needed to obviate legal harm). No conclusions of fact or law have been reached and no party to this proceeding will be harmed by a dismissal. Should NAESCO ever seek similar Technical Specification changes, petitioners hearing rights are preserved.2' Moreover, the alleged harm due to the proposed Technical Specification changes, the very basis for this proceeding, will not occur because the changes will not be made at this time and, absent such relief, equipment surveillances will be conducted within current Technical Specification allowances. Comnare Eeoucyah Fuels Comoration: LBP-93-25,38 NRC 304,327 (1993).

These two proceedings relate to NAESCO's License Amendment Request 98-03, NYN-98053 (" Submittal No. 2"), of April 8,1998, and 98-05, NYN-98070 (" Submittal No. 4") of May 21,1998. These two applications are pan of a series of amendment applications that includes two others filed with the NRC. NAESCO has withdrawn all four license amendment applications.

2' l The possibility of future litigation and related expenses is not a basis for conditions on withdrawal. Puerto Rico Electric Power Authority (North Coast Nuclear Plant, Unit 1),

ALAB-662,14 NRC 1125,1135 (1981).

l

-i

.h I 4 In light of NAESCO's decision to withdraw the amendment applications, NAESCO concludes that the issues raised in the Commission's Order of September 17,1998, CLI-98-18, are moot. NAESCO does not plan to file a brief on these issues unless the Commission instructs

_ otherwise.

Counsel for the Nuclear Regulatory Commission Staff has informed NAESCO's counsel that the Staff does not intend to oppose this Motion. Counsel for SAPL and NECNP was advised of the withdrawal and this Motion, but had not indicated a position on the Motion.

Respectfully submitted,

( ' h., k eP k David A. Repka WINSTON & STRAWN 1400 L Street, N.W.

Washington, D.C. 20005-3502 (202)371-5726 Lillian M. Cuoco NORTHEAST UTILITIES SERVICE COMPANY

, 107 Selden Street Berlin, Connecticut 006037 ATTORNEYS FOR NORTH ATLANTIC ENERGY SERVICE CORPORATION Dated in Washington, D.C.

this 15th day ofOctober,1998

.; . s DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

% DCT 16 P1 :38 BFFORE THE COMMISSION OFFO :P FD% . .t RUu t Wi\ ~ J ADJUDO $ ' . JiAFF In the Matter of )

)

' North Atlantic Energy Service Corporation ) Docket Nos. 50-443-LA

) 50-443-LA-2 (Seabrook Station) )

CERTIFICATE OF SFRVICE I hereby certify that copies of" MOTION TO WITHDRAW APPLICATIONS AND TO TERMINATE PROCEEDINGS" in the above-captioned proceeding have been served on the follo' wing by deposit in the United States mail, first class, or as indicated by an asterisk (*) by hand delivery service, or as marked by two asterisks (**), by overnight delivery, this 15th day of October, 1998. For those parties marked by a diamond (0), a copy has also been provided this same day by e-mail. -

Chairman Shirley Ann Jackson

• B. Paul Cotter, Jr.*0 '

U.S. Nuclear Regulatory Commission Chairman .

One White Flint North Atomic Safety and Licensing Board

' 11555 Rockville Pike . U.S. Nuclear Regulatory Commission Rockville, Maryland 20852-2738 Two White Flint North 11545 Rockville Pike Rockville, Maryland 20852-2738

. Commissioner Nils J. Diaz* Dr. Charles N. Kelber*O U.S. Nuclear Regulatory Commission Administrative Judge One White Flint North Atomic Safety and Licensing Board 11555 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, Maryland 20852-2738 Two White Flint North 11545 Rockville Pike Rockville, Maryland 20842-2738 Commissioner Edward McGaffigan, Jr.* Linda W. Little"0 U.S. Nuclear Regulatory Commission 5000 Hermitage Drive One White Flint North Raleigh, NC 27612 11555 Rockville Pike Rockville, Maryland 20852-2738,

A l ,

l ,

Office of the Secretary *O Steven R. Hom, Esq.*O U.S. Nuclear Regulatory Commission Office of the General Counsel One White Flint North U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Flint North Rockville, Maryland 20852-2738 11555 Rockville Pike Attn: Docketing and Service Station Rockville, Maryland 20852-2738 (original + two copies)

Robert A. Backus**O Office ofCommission Appellate Adjudication

• Backus, Meyer, Solomon, U.S. Nuclear Regulatory Commission Rood & Branch One White Flint North 116 Lowell Street 11555 Rockville Pike i P.O. Box 516 Rockville, Maryland 20852-2738 Manchester, NH 03105-0516 Adjudicatory File Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 l

\

'b k 4. N David A. Repka l Winston & Strawn I Counsel for North Atlantic Energy Service Corporation l l

4 North North Atlantic Energy Service Corporation e.o. no soo

% Atlantic S (teplys 38" The Northeast Utilities System October 14,1998 Docket No. 50-443 NYN-98121_

United States Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555 4

Seabrook Station Withdra'w'al of License Amendment Requests 98-02, 98-03, 98-04 and 9 Associated With Changes In Technical Specification Surveillance Intervals To Accommodate A 24-Month Fuel Cycle North Atlantic Energy Service Corporation (North Atlantic) hereby withdraws Amendment Requests (LARs) 98-02,98-03,98-04 and 98-05 (References . These a LARs were part of a planned series of LAR submittals proposing changes to!

Station Technical Specifications to accommodate fuel cycles of up to selected surveillances that are currently performed at each 18-month or othe However, because of the length of time and costs associated with pursuin t

been rescheduled and these LARs are no longer require  ;

(

Director of Licensing Services, at (603) 773-7765.Should you l Very truly yours, NORTH ATLANTIC ENERGY SERVICE CORP.

9 We&~

Ted C. Feigenbaum [ '

Executive Vice President '

and Chief Nuclear Officer

-9 $-forL Ga ?,3 N/

U.S. Nuclear Rigulttory Commission

+

NYN-98121/ Page 2 t cc:

H. J. Miller, NRC Regional Administrator J. T. Harrison, NRC Project Manager, Project Directorate 1-3 R. K. Lorson, NRC Senior Resident Inspector  !

Mr. Woodbury P. Fogg, P.E., Director .

New Hampshire Office of Emergency Management State Office Park South 107 Pleasant Street Concord,NH 03301 1 Mr. David A. Repka Winston & Strawn 1400 L Street, NW Washington, DC 2005-3502 '

References:

a)

" License Amendment Request 98-02, Changes I j Intervals To Accommodate A 24-Month Fuel Cycle Per Generic Letter 91-04 l No.1" b)

Nonh Atlantic Letter NYN-98053, dated April 8,1998, Ted C. Feigenbau p " License Amendment Request 98-03, Changes In Technical Specification Sl l

Intervals No. 2" To Accommodate A 24-Month Fuel Cycle Per Generic Letter 91-04 c) North ' Atlantic Letter NYN-98'054, dated April 22,1998,

" License Amendment Request 98-04, Changes In Technical Specif Intervals No. 3" ' To Accommodate A 24-Month Fuel Cycle Per Generic Letter 91 d)

North Atlantic Letter NYN-98070, dated May 21,1998, Ted C. Feigenbaum to USNRC

" License Amendment Request 98-05, Changes In Technical Specification S Intervals No. 4" To Accommodate A 24-Month Fuel Cycle Per Generic Letter 91-04 i