ML20236N979
| ML20236N979 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 07/31/1987 |
| From: | Chan E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#387-4157 OL, NUDOCS 8708120178 | |
| Download: ML20236N979 (8) | |
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. UNITED STATES OF AMERICA
.g AUG '-3 P12 4 0 -
, NUCLEAR REGULATORY COMMISSION pc BEFORE~ THE ATOMIC SAFETY AND LICENSING APPEAL BOARDr
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in the. Matter of
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Docket Nos. 50-456_ $ L
- COMMONWEALTH' EDISON COMPANY
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50-457
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(Braidwood' St'ation, Units 1. and12)
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E NRC STAFF'S RESPONSE TO APPEAL BOARD ORDER OF JULY 21, 1987 1
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i Elaine I. Chan Counsel for NRC Staff
'.uly 31, 1987 f he Q h lb D -_--.__mu_mm______
h. UNITED STATES OF AMERICA .s NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD l l l In the Matter of ) ) l COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-456 l ) 50-457 (Braidwood Station, Units 1 and 2) ) NRC STAFF'S RESPONSE TO APPEAL BOARD ORDE R OF JULY 21, 1987 On July 21, 1987, the Appeal Board issued an Order in which it, inter alla, requested the views of the Applican't and NRC Staff as to whether to defer briefing of interveners' appeal from the den!al of their motion to reopen the record to admit a late-filed financial qualifications contention. For the reasons set forth below, the Staff supports a deferral of briefing of the appeal, in light of new information which indicates that the Applicant may be withdrawing its request to cmend the Braidwood operating license to authorize a change in ownership of the facility. DISCUSSION On Ju!y 30, 1987, the Applicant transmitted a letter to the Staff, in which it notified the Staff of its " desire to withdraw [its] applications" to amend the Braidwood and Byron licenses, which applications had sought, "to establish a wholly owned subsidiary corporation" as a co-licensee on the Braidwood and Byron licenses.1/ The Applicant further stated: 1/ Letter from S. C. Hunsader, Nuclear Licensing Administrator, Commonwealth Edison Company, to Thomas E. Murley, Director, NRR, dated July 30, 1987, attached hereto as Enclosure 1.
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4 ' The applications for amendments were _ submitted.to implement as. Settlement. entered'into by. Edison, certain state and Iccal government entitles, :and: certain industrial customers. The Settlement, _ which'- is - embodied in a document entitled " Memorandum of Understanding" had : been submitted. to 'the. lilinois' Commerce Commission for its_ approval.. On July 16,
- 1987, the Illinois. Commerce Commission ' denied. Edison's i petitio_n f seeking' -such_ approval.
' Accordingly, these applications have become moot. Commonwealth - Edison is considering its options with respect to' the. Issues which were the subject. of the Memorandum of Understanding. Should license. amendments and ~ a construction permit. amendment become necessary. in :the' future, we will submit appropriate applications at that time. Enclosure' 1, at 1-2 (emphasis' added). As the Appeal Boar.d. is aware, the Interveners' late-flied contention ' addressed the-financial!. qualifications of-the potential new owners - of 'Braidwood Station, and was premised upon the. Applicent's ' application to. amend. Its : license to add the proposed new wholly-owned subsidiary as a co-licensee of the facility. However, the -lilinois Commerce Commission's 'recent denial of Applicant's' request to restructure the ownership of the facility, and 1 the ' Applicant's _ July 30 announcement of its " desire to withdraw" the related NRC license amendment request, from consideration by -the Commission, suggest that interveners' late-filed - contention l addressing-the proposed new entity's financial qualifications has become, or j -i soon will become, moot. 1 At : the same time, it is unclear whether the Applicant has, in fact, J now withdrawn its amendment application. In its July 30, 1987 letter to , Dr. Murley, the - Appilcant announces its " desire" to. withdraw the ' amendment application, but does not expressly state that the application is s' being withdrawn. Further, the Applicant states that it "is considering its options with respect to the issues which were the subject of the l Memorandum of Understanding", but does not indicate whether those j )
L. options lnclude. a determination to seek reconsideration of the lilinois ~ Commerce' Commission's rejection of its restructuring plan. ~ Accordingly,.the Staff supports a deferral. of briefing of the g l l Interveners' appeal until, such ' time as clarification is. received from the l ~ . Applicant.as to whether (a) it is,. in fact, withdrawing its application to amend the Braidwood. license, and/or (b) a final decision is issue # ' or. becomes effective with respect to the lilinois. Commerce Commission's rejection of Applicant's restructuring plan. Respectfully submitted, Elaine I.. Chan Counsel for NRC Staff Dated at Bethesda,' Maryland this 31st day of July,1987 oe l l l l l .J.* l l
l At' tac lJ.Ciit '. I. Commonwealth Edison O_ne First National Plaza. CNcago, Illinolq_ l Address Flepy to: Post OffM;e 50x 757 CWcago, Illinois 60600 0767 July 30, 1987 l: Mr.~ Thomas R. Murley,' Director office of Nuclear Reactor Regulation .U.s. Nuclear Regulatory Commission Washington, DC 20555 Subjects Byron Station Unit 2 Braidwood Station Units 1 and 2 Facility Operating Licenses NPF-66 and 'NPF-72 Construction Permit CPPR-133 Applications for. Amendment NRC Docket Nos. 50-4@,, 50-456 and 50-457 ~ References (a):. April 16, 1987 K. h. Ainger letter to T. E. Murley.. (b): May.28,.1987 S. C. Hunsader letter to T. s. Murley (c): June 15, 1987 6. C. Hunsader letter to T. E. Murley D2ar Mr. Hurley: Reference (a) provided the application for amendment to Facility Operating License NPF-66 for Byron station Unit 2 addressing Commonwealth Edison's_ plan to establish a wholly-owned subsidiary corporation to hold title .tc Eyren Unit 2 and to be added as co-licensee of the facility. Reference (b) provided a similar amendment application for Facility Operating License NpF-70 (now NPF-72) for Braidwood. Station Unit 1.. Reference (c) provided the application for amendment to Construction Permit CPPR-133 for Braidwood station Unit'2 addressing this same issue. The purpose'of this letter is to notify you of our desire to withdraw - cur' applications as presented in these references. The applications for amendments were submitted to implement a settlement entered into by Edievn, cartain state and loca1' government entities, and certain industrial customers. The settlement, which is embodied in a document entitled "Metrorandum of Understanding" had been submitted to the Illinois Commerce Ceemission for its cyproval, on July 16,.1987, the I111ncis commerce Commiss: ion denied Edison's j l
k, 1. l i i T. 2. MurleY- ~2-July 30, 1987 l l l Petition seeking such approval. Accordingly, these applications have become , moot. Commonwealth Edison is considering its options with_ respect to the issues which were the subject of the Memorandum of Understanding. should license amendments and a construction permit amendment become necessary in the ., future, we will submit appropriate applications at that time. Please address any questions you may have concerning this matter to this office. Very truly yours, {f v-ll 4^-- ^
- 5. C. Hunsader Nuclear Licen::ing Administrator cc:
L. 01shan - NRR
- 3. Stevens - NRR Byron Resident Inspector Braidwood Resident Inspector Regional Administrator Office - RIII M. C. Parker - IDNS 1
3412x
(, -. w 4 OtvETED s-owc - a UNITED STATES OF AMERICA ' 87 NdU -3 P12.10 NUCLEAR REGULATORY COMMISSION BEFORE THE' ATOMIC SAFETY AND LICENSING APPEAL BOARD. gq [ Dl . 50Lc . In the Matter of. ). ~ ) Docket Nos. 50-456 . COMMONWEALTH EDISON COMPANY )- 50-457 t ) i H- '.(Braldwood Station, Units 1 and 2) ) 7 4 i~ CERTIFICATE OF SERVICE i hereby certify. that copies of "NRC STAFF'S RESPONSE-TO APPEAL
- BOARD ORDER. OF JULY 21, 1987". In ;the above-captioned proceeding have been served on<the following by deposit :in. the' United States mail, first. class, or,.,as Lindicated by an asterisk, by deposit in the. Nuclear Regulatory Commission's. Internal mall system, - this 31st. day of July, 1987.
'Ivan Smith Esq.,- Chairman Commonwealth Edison Company Administrative Judge ATTN: Cordell Reed -Atomic. Safety. and Licensing Board Assistant Vice President U.S. Nuclear Regulatory Commission- - P.O. Box 767 . Washington, DC 20555 Chicago, IL 60690 Dr. ' A'. Dixon Caillhan Region ill Administrative Judge . U.S. Nuclear Regulatory Commission 102 Oak Lane Office of inspection &- Enforcement. Oak Ridge, TN 37830. 799 Roosevelt Road Glen Ellyn, IL 60137 Dr.: Richard F. Cole Joseph Gallo, Esq. Administrative Judge Isham, Lincoln & Beale Atomic Safety and Licensing Board Suite 1100 - ' U.S. Nuclear Regulatory. Commission 1150 Connecticut Ave., NW Washington, DC 20555 Washington, DC 20036 Michael I. Miller, Esq.- Douglass W. Casmi, Jr., Esq. Rebecca J. Lauer, Esq.. Timothy Wright, Esq. j lsham, Lincoln & Beale Robert Guild, Esq. Three First National Plaza 109 North Dearborn Street. . Suite 5200 Suite 1300 Chicago,.- lL 60602 Chicago, IL 60602 1 C. Allen Bock, Esq. Thomas J. Gordon, Esq. . P.O. Box 342 Waller, Evan & Gordon . Urbana,111 61801 Champaign, il 61820 1 .m ml-
3 .m s (( 2 e' ' ' Atomic Safety and Licensing Board Atomic Safety and 'Licen, sing Appeal Panel * : Panel
- U.S. ' Nuclear Regulatory. Commission U.S. Nuclear Regulatory. Commission
' Washington,; DC 20555 Washington, DC 20555 Docketing and Service Section ' William C. Parler* Office of the Secretary General Counsel . U.S. Nuclear Regulatory Commission .U.S. Nuclear. Regulatory ; Commission Washington,. DC. 20555' Washington, DC 20555 ' Samuel' J.- Chilk* George L. ~ Edgar, Esq. Secretary of the Commission. Newman s Holtzinger, P.C. U;S. Nuclear Regulatory Commission 1615 L Street, NW, Suite 1000 Washington; DC 20555 Washington, DC 20036 Erie Jones, Director H. Joseph Flynn, Esq. 'lilinois Emergency Services- . Associate General' Counsel-and Disaster; Agency. FEMA
- 110 East Adams:
, 500 C Street, SW Springfield, IL: 62705 Washington, DC 20472 Lorraine Creek Ms. Bridget. Little Rorem f . Route 1, Dox 182 117 North. Linden Street o Manteno, IL z.60950 Essex, IL 60935 Elaine 1. Chan Counsel for NRC Staff I
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