ML20202G120

Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding

ML20202G120
Person / Time
Site:	Midland
Issue date:	07/11/1986
From:	Williams F CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20202G018	List: ML20202G012 ML20202G028 ML20202G049 ML20202G120 ML20202G162
References
OL, OM, PLEO-860711, NUDOCS 8607150306
Download: ML20202G120 (3)

Text

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Nf0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION If g P3:37 BEFORETHEATOMICSAFETYANDLICENSINGAPPEALBOAkf SfCigr,g In the Matter of ) N Ch"*!/.

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329 OM & OL

) 50-330 OM & OL i (Midland Plant, Units 1 and 2 )

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MOTION FOR TERMINATION OF APPEAL BOARD JURISDICTION l Pursuant to 10 C.F.R. S 2.730, Consumers Power Company (" Consumers" or " Company") hereby requests that the i Atomic Safety and Licensing Appeal Board (" Appeal Board")

relinquish its remaining jurisdiction over certain aspects of i

j the Midland proceeding. The purpose of this request is to 1

facilitate termination of the construction permits, withdrawal j

l of the operating license application, and dismissal of the consolidated OM-OL proceeding.

On April 8, 1986, the Board of Directors of Consumers authorized the conversion of Unit 1 of the Midland Project to a combined cycle gas-fired generating station.

i Further, on June 18, 1986, the Board of Directors acknowledged that there was no reasonable possibility that the Midland l Project could be completed as a nuclear power plant and I authorized the abandonment of the nuclear steam supply systems ,

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, and other unusable components of the Midland Project. The  !

Company requested withdrawal of its application for extension of the construction permits and of its application for an j i

8607150306 e60711 gDR ADOCK05000gg9

operating license in a letter to Harold Denton dated July 1, 1986. By parallel Motion today, Consumers is asking the Midland Atomic Safety and Licensing Board to authorize withdrawal of its operating license application and to dismiss the consolidated operating license and order of modification proceedings. However, in order to effectuate complete and final termination, jurisdiction of the Appeal Board must be relinquished.

On March 13, 1985, this Appeal Board solicited the views of all parties regarding actions which it might take regarding the Licensing Board's Partial Initial Decision on remedial soils issues, Consumers Power Company (Midland Plant, Units 1 and 2), LBP-85-2, 21 N.R.C. 24 (1985), and possible dismissal of the operating license portion of the proceeding.

In a second Order of April 5, 1986, the Appeal Board called for further responses on the question of dismissal of the operating license proceeding and application. To date the Appeal Board has not decided the issues raised in its two orders. As a result, the Appeal Board retains jurisdiction over those aspects of the combined OM-OL proceeding within the ambit of its orders.

Consumers requests that the Appeal Board terminate its review under the March 13 and April 5, 1985 Orders and relinquish all jurisdiction to the Licensing Board in order to facilitate withdrawal of the operating license application and termination of the proceedings. In particular, Consumers

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requests that the Appeal Board remand LBP-85-2 to the Licensing Board with leave to vacate as moot.

It appears that the Appeal Board also has residual jurisdiction over a construction permit issue involving the l environmental effects of radon in the fuel cycle. Consumers i

! Power Company (Midland Plant, Units 1 and 2), ALAB-691, 16 a

N.R.C. 8997, 909 (1982); see Philadelphia Electric Company l (Peach Bottom Atomic Power Station, Units 2 and 3), CLI-83-14,

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) 17 N.R.C. 746, 751 (1983). Consumers has requested the i

1 Director of the Office of Nuclear Reactor Regulation to ,

i consider its request for extension of the construction permit expiration dates withdrawn. When that request is granted, the construction permits will have expired. Accordingly, I

) Consumers requests that the Appeal Board relinquish I

jurisdiction over the radon issue to facilitate orderly

, termination of the construction permits.

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Respectfully submitted,

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. W% \

I I Frederick C. Will fams l Isham, Lincoln & Beale i 1120 Connecticut Ave., N.W.

i Washington, D.C. 20036 (202) 833-9730 One of the Attorneys for l

Consumers Power Company I

1 Dated July 11, 1986 l

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