ML19340D103

Response of Intervenors York Committee for Safe Environ & Central PA Committee on Nuclear Power,In Opposition to Applicant 801205 Request to Withdraw CP Application W/O Prejudice.Certificate of Svc Encl

ML19340D103
Person / Time
Site:	05000463, 05000464
Issue date:	12/17/1980
From:	Kepford C Environmental Coalition on Nuclear Power
To:	NRC COMMISSION (OCM)
References
NUDOCS 8012290083
Download: ML19340D103 (4)

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ENVIRONMENTAL COALITION ON NUCLEAR POWER ~},p.

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Ce Derectors: Mr. George Boomsma-R.D. et, Peach Bottom, Pa. 17563 717-548 4 836 .

, qDy or. Judith Johnsrud-433 Orlando Avenue, State Cohegk Pa.1680k S14-2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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f In the Matter of # cu to PHILADELPHIA ELECTRIC COMPANY Docket Numbers 50-463 (Fulton Generating Station. 50-464

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Units 1 and 2)

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PISPONSE OF INTERVENORS YORK COMMITTEE FOR A SAFE ENVIRONMENT AND CENTRAL PENNSYLVANI A COMMITTEE ON NUCLEAR POWER TO APPLICANT'S i REQUEST OF CECEMBER S,1980, TO WITHDRAW APPLICATION WITHOUT

• PREJUDICE AND TO TERMINATE CONSTRUCTION PERMIT PROCEEDINGS By letter to the Director of the NRC Office of Nuclear Reactor

• Regulation, dated December 5,1980, the Applicant withdraws its applica-tion for a pennit to construct two H,igh Temperature Gas Cooled reactors at its Fulton site in Pennsylvania, and states 'that a motion to withdraw'

. , the application without prejudice and to terminate construction permit proceedings has been filed with the Atomic Safety and Licensing Board and accompanies the letter. The Intervenors York Consnittee for a Safe Environ-ment and Central Pennsylvania Comittee on Nuclear Power, both member groups

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l of the Environtental Coalition on Nuclear Power, support the Applicant's l Motion to withdraw application and teminate construction pemit proceed-ings but oppose the Applicant's request that the application be withdrawn without prejudice. .

For seven years, this application has remained pending. Time, effort, research, and money have been expended by the AEC and NRC Staff and by the unfunded public-interest Intervenors. Since 1975, Applicant has known that I its nuclear steam supply vendor was out of the comercial HTGR business.

Since 1978, the Applicant has attempted to bypass the requirements of the National Environmental. Policy Act by its application for an Early Site l Suitability Review of the Fulton site. Applicant in 1979 opposed termina-tion of this proceeding, despite declining growth projections, lack of demonstrated need for power, escalating costs of construction and delays i

of Applicant's Limerick Nuclear Station. Now, suddenly a prospective

) " substantial additional fee liability" is put forth as the justification for the belated request to cancel this multi-billion dollar nuclear project.

( There is no recompense proposed by Applicant for other parties who have in-I curred major costs in consequence of Philadelphia Electric Company's 9503 5032260 (f S

frivolous insistence upon keeping alive for seven years a nuclear project yy y.

" . .. ., that has clearly lacked viability for the last several years. There are N h* '

members of our organization whose physical and mental health has,been adversely affected in consequence of the uncertainties imposed by the

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. refusal to abandon this nuclear power project. Their real pmperty has been in linto in terms of sale price of land in the im- ,

mediate vicinity of the proposed reactors, and these adverse economic impacts have been especially signifi, cant to them in the many months since the accident began at Three Mile Island.

For the reasons cited above, the Intervenors move that the Nuclear Pegulatory Cocmission dismiss the Philadelphia Electric Company's applica-tion to constmct the Fulton Generating Station, Units 1 and 2, with prejudice, and terminate the construction permit and early site review proceedings. As taxpayers, the Intervenors also recomend that the NRC seek restitution for costs incurred by the NRC in its seven years of processing this application.to be paid by the -stockholder; of the Applicant.

- Paspectfully sub itte2

.sst:ncW ;7/ /p-Chauncey Ke ord Papresentative of the Dated this /-7 day >

Intervenors of December,1980 .

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w' CERTIFICATE OF SERVICE

! a I hereby certify that ccpies of RESPONSE OF INTERVENORS YORK C0m!TTEE FOR A 4

SAFE ENVIRONMENT AND CENTRAL PENNSYLVANI A COMMITTEE ON NUCLEAR POWER TO APPLICANT'S REQUEST OF DECEMBER 5,1980, TO DUMP FULTON 1 & 2 have been served d I

on tne following y ceposit in tne U.S. Mail first class postage paid, on this / 7 day o December, 1980:

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Mr. Walden S.'~Randall

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Riverhill Farm Theodore A. Adler, Esq. R.D. #2 Widoff, Reager, Selkowitz Holtwood, PA 17532 l & Adler P.O. Box 1547 Jean Royer Kohr, Esq.

Harrisburg, PA 17105 Minney, Mecum & Kohr

, 150 E. Chestnut Street 17602 Michael J. Scibinico Lancaster, PA Special Ass.istant Attorney a

General Atomic; Safety and Licensing Department of Natural Board Panel Tawes State Office Buildin9 U.S. Nuclear Regulatory Annapolis, MD 21401 Commission Washington, DC 20555 Executive Director Susquehanna River Basin Atomic Safety and Licensing Co= mission Appeal Panel

~1721 N. Front Street U.S. Nuclear Regulatory ,

Harrisburg, PA 17102 Commission Washington, DC 20555 -

i George L. Boomsma Save Solanco Environment Docketing and Service Section Conservation Fund Office of the Secretary P.O. Box 64 U.S. Nuclear Regulatory Commission Quarryville, PA 17566 Washing ton, DC 20555 l

James A. Humphreys, III Barley, Snyder, Cooper &

Barber 115 E'.' King Street *

! Lancaster, PA 17602 .. .

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Mr. Hugh K. Clark, Chairman

" -- P.O. Box 127A Dr. A. Dixon Callihan Kennedyville, MD 21645 Union Carbide Corporation P.O. Box Y Dr. Donald P. deSylva Oak Ridge, TN 37330 Associate Professor of Marine 6, Science W. Jeffrey Sidebottom,'Esq. Rosentiel School of Marine and Barley, Snyder, Cooper & Barber Atmospheric Science 115 East King Street University of Miami Lancaster, PA 17602 Miami, FL 33149 Gilbert G.'Malone, Esq. Mr. Gustave A. Linenberger Ports, Beers, Feldmann & Malone Atomic Safety and Licensing Board 145 East Market Street U.S. Nuclear Regulatory Commission York, PA 17401 Washing ton, DC 20555

- Lawrence Sager, Esq.

, Mr. Donald P. Williams Sager & Sager Associates Hunton and Williams 45 High Street f P.O. Box 1535 Pottstown, PA 19464 / .

Richmond, Virginia 23212 G

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