ML20236N885
| ML20236N885 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 07/31/1987 |
| From: | Gallo J COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4156 OL, NUDOCS 8708120142 | |
| Download: ML20236N885 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY ~ COMMISSION (7 Agg 3 P4 :07 l
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD OFRCEC; Mc;.t:acy M C C INa >, a v o.
In the Matter of
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COMMONWEALTH EDISON COMPANY Docket Nos. 50-456sd L
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50-457 (Braidwood Station, Units 1 and 2) )
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RESPONSE TO INTERVENERS' REQUEST FOR DEFERRAL OF FURTHER APPELLATE PROCEEDINGS L
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On July 6, 1987, the Licensing Board denied Interveners l
Rorem, at al. (Interveners) motion to reopen the hearing record to admit a late-filed' contention.
Interveners also suggested that the appeal may be moot if, as it appeared to them, the Illinois Commerce Commission rejected the settlement proposal pending before it.
That proposal had served as the stimulus for several license amendment applications which were filed by commonwealth Edison Company.
These applications sought to add a co-licensee to, among other licenses, the low power license for Braidwood, Unit-1.
These amendments served as the basis for Interveners' motion to reopen the record before the Licensing Board.
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The Appeal Board, in an order dated July 22, 1987, sought the views of the parties by July 31, on Interveners' addi-tional suggestion that further appellate proceedings be deferred until the matter sorted itcelf out.
Edison has no objection to this course.
A letter dated July 30 from Edison's Mr. Hunsader to NRC's Mr. Murley is attached for the information of the Board and parties.
Mr. Hunsader, on behalf of Edison, withdraws all license amendment applications pending before the NRC concerning ownership on this matter, including the application to amend the Braidwood, Unit 1 low power operating license.
This circumstance suggests that the pending appeal from the denial of Interveners' motion to reopen the record is moot, and it should be dismissed.
Respectfully submitted, LL, s /- h ((e
, Joseph Gallo One of the Attorneys for Commonwealth Edison Company ISHAM, LINCOLN & BEALE 1150 Connecticut Avenue, N.W.
Suite 1100 Washington, D.C.
20036 (202) 833-9730 Dated:
July 31, 1987
j' \\. Commonwealth Edloon Che Flrt NaJonal Masa CNotoo. Ishoes p
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Accrees napry to: Post U'me sea ivT v
CNca00. ;Mncis 506&O 0767 July 30, 1957 l
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Mr. Thcmas 5.. Murley, Director Cilice ot'.Wuclear Reactor Regulation U.S. Nuclear Regulatory Commission hfeahington, DC 20555 l
Subject:
Byron station Unit 2 Braidwood station Units 1 and 2 Facility operating Licenses htPP-66 and NFF-72 Construction #ertait CPPR-133 Applications for Noendment Egg,,jggat Nos 50-a55, 50-456 and 50-457 References (a): April 16, 1987 K. A, Ainger letter l
to T. S. Murley (b): May 28, 1987 5. c. Hunsader letter i
to T. 5. Murley (c): June 15,.1981 S. c. Hunsader letter to T. B. Murley-Dear Mr. Nurley Reference (a) provided the application for annendment to Facility Operating Licettre NFF-66 for Byron Station Unit 2 addressing Cognonwealth Edison's pl6n to establish a Wholly-owned subsidiary corporation to hold title to Syron Unit 2 and to be added as co-licensee of the f cility. Reference (b) provided a similar amendteant application for Facility operating License HPF-70 (now KPF */2) for Ermidwood station Unit 1.
Reference (c) provided the application for ar.endment to construction Fermit CPPR-133 for Braidwood Station Unit 2 addressing this same issue.
The purpose of this letter is to netify you of our desire to withdraw our applications as presented in these references. The applications for amendments vrere submitted to implernent a settisment entered into by Edison, certain state and local government entities, and certain industrial customers.
'the settlement, which is esbodied in a docu:nent entitled " Memorandum of understanding" nad been submitted to the Tilinois coumerce commission for its approval. On July 16,1987, the T111nois Commerce Consission denied Edison's
4 T. E. Murley July 30, 1987 1
petition seeking such approval, Accordingly, these applications have becesse noct. commonwealth Edison is considering its options with respect to the issues which were the subject of the Memerandum of Understanding. Should license amendments and a construction permit amencment become necessary in the future, we will sutait appropriate applications at that time, Please address any questions you may have concerning this matter to this office.
Very truly yours.
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- _:k" S. C. Hur.sadar Nuclear Licensing Administrator ces' L. 01shan - NRR J, Stevens - MER Byron Resident Inspector Braidwood Res1 Cent Inspector Regional Administrator Office - Mt!!
M. C. Parker - IDNS 3412x
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UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION
.. / ALG -3 P4 :07 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD OfffCEh!!cm.an;
'In the' Matter of
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COMMONWEALTH EDISON' COMPANY
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Docket Nos. 50-456
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50-457 (Braidwood' Station, Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of COMMONWEALTH EDISON COMPANY'S RESPONSE TO INTERVENERS' REQUEST FOR DEFERRAL OF FURTHER APPELLATE PROCEEDINGS were served on the persons listed below by deposit in-the United States mail, first-class postage prepaid, this 31st day of July 1987.
i Gary J. Edles, Esq.
Ivan W. S'mith Chairman-
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Administrative Law Judge Administrative' Law Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory.
Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Reed W. Johnson Dr. Richard F. Cole Administrative Law Judge Administrative Law Judge Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
-Christine N. Kohl, Esq.
Administrative Law Judge Dr. A.
Dixon Callihan Atomic Safety and Licensing Administrative Law Judge Appeal Board 102 Oak Lane U.S. Nuclear Regulatory Oak Ridge, TN 37830 Commission Washington, D.C.
20555
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Gregory Alan Barry, Esq.
Mr. William L.
Clements Elaine I.
Chan, Esq.
Chief, Docketing and Services Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Office of the Secretary Commission Washington, D.C.
20555 Washington, D.C.
20555 Atomic Safety and Licensing Ms, Bridget Little Rorem Board Panel l'.7 North Linden Street U.S.
Nuclear Regulatory P.O.
Box 208 Commission Essex, IL 60935 Washington, D.C.
20555 Atomic Safety and Licensing Douglass W.
Cassel, Jr.,
Esq.
Appeal Board Panel Robert Guild, Esq.
U.S.
Nuclear Regulatory Robert L. Jones, Jr., Esq.
Commission BPI Washington, D.C.
20555 109 North Dearborn Street Suite 13000 Chicago, IL 60602 zes b I
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