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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20138G3821985-12-12012 December 1985 Order Denying Utils 851029 Request for NRC to Reconsider 850918 Denial of Fee Exemption Request.Situation Does Not Merit Special Treatment.Final Action Will Be Taken After Fee Correctness Matters Resolved.Served on 851212 ML20138K0661985-12-12012 December 1985 Transcript of 851212 Affirmation/Discussion & Vote in Washington,Dc Re SECY-85-367A on Palo Verde 1 Leaseback & SECY-85-371 on Refund on Black Fox License Fee.Pp 1-4 ML20127B0071985-06-14014 June 1985 Application for Waiver of Withdrawal Fees Under 10CFR170.12 for Plant.Assessment of Fees Would Violate Fairness, Public Policy & Value to Applicant Principles.Cancellation of Project Due to NRC Actions.Certificate of Filing Encl ML20127B0221985-06-12012 June 1985 Brief in Support of Application for Waiver of Withdrawal Fees Under 10CFR170.12.Unique Circumstances Described. Informal Hearing Requested.Certificate of Filing Encl ML20132B4341985-06-12012 June 1985 Application for Waiver of Withdrawal Fees Under 10CFR170.12(b).Assessment of Fees Violates Fairness,Public Policy & value-to-applicant Principles of Independent Ofcs Appropriation Act of 1952.Supporting Brief Encl.W/O Encl ML20073B9761983-04-0707 April 1983 Motion to Dismiss Remaining Environ Issue.Aslb 830307 Order Revoked Plant LWA & Published Notice of Withdrawal of Application for Cps.Certificate of Svc Encl ML20071B8151983-02-25025 February 1983 Response to Applicant Motion for Termination of Proceeding & Withdrawal of Application.State of Ok Does Not Intend to File Objections to Motion.Certificate of Svc Encl ML20064N5181983-02-0707 February 1983 Motion for Extension Until 830223 to Respond to Util 830123 Motion for Termination of Proceeding & Withdrawal of Application.W/Certificate of Svc ML20028F1971983-01-24024 January 1983 Notice of Substitution of ML Bardrick for Sj Drake as State of Ok Representative.Certificate of Svc Encl ML20070N7831983-01-23023 January 1983 Motion for 2-day Extension to Respond to ASLB 830107 Order Until 830123.Certificate of Svc Encl ML20070N8211983-01-23023 January 1983 Motion for Termination of Proceeding & Withdrawal of Application.Site Will Be Used for Alternative Power Generation Facility.Site Redress Plan Will Address Return of Site to Undisturbed Condition.Certificate of Svc Encl ML20028C3361983-01-0404 January 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054J8331982-06-23023 June 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054G1811982-06-18018 June 1982 Memorandum & Order Denying W/O Prejudice,Applicant 820406 Motion for Termination of Proceeding & Withdrawal of Application.Insufficient Info Exists to Grant Motion Since Util Undecided on Future Plans for Site ML20053D1951982-05-24024 May 1982 Affidavit of JB West on NRC Concerns Expressed During 820517 Site Visit Re Potential Offsite Environ Impact of Erosion & Siltation in Area of Inclined Reactor Pressure Vessel Haul Road Leading from Barge Slip Facilities ML20052G8341982-05-14014 May 1982 Response to ASLB 820429 Order Re Site Redress.Final Decision on Site Redress Should Be Deferred Until Decision Made by End of 1982 on Future Power Projects.Certificate of Svc Encl ML20052G8381982-05-13013 May 1982 Affidavit of JB West Describing Preliminary Site Const Activities Undertaken & Current Plans for Site Redress ML20050E2821982-04-0606 April 1982 Motion for Termination of Proceeding & Withdrawal of Application W/O Prejudice.Util on 820216 Decided to Cancel Plants.Certificate of Svc Encl ML20040H4671982-02-12012 February 1982 Response to NRC & Applicant Opposition to Intervenor Motion to Reopen Record on ECCS Matters ML20040H4741982-02-11011 February 1982 Affidavit of Gc Minor Re ECCS Issues.Results of Tests or Analyses Which Erode Basis for Assumed Adequacy Must Be Resolved or Possible Design Deficiencies Corrected to Assure Safe Operation.Certificate of Svc Encl ML20040G6171982-02-10010 February 1982 Response to Citizens Action for Safe Energy,Younghein & Burrell 820201 Reworded Contention on Financial Qualifications.Contention Should Be Admitted.Certificate of Svc Encl ML20040F3641982-02-0101 February 1982 Proposed Contentions in Light of SER Suppl 3 ML20040F3741982-02-0101 February 1982 Reworded Contention Re Financial Qualifications Per ASLB 811217 Order.Certificate of Svc Encl ML20040D5691982-01-25025 January 1982 Interrogatories & Request for Production of Documents,Per ASLB 811014 & 1217 Orders.Certificate of Svc Encl ML20040D5711982-01-25025 January 1982 Interrogatories & Request for Production of Documents,Per ASLB 811014 & 1217 Orders.Certificate of Svc Encl ML20040D8371982-01-25025 January 1982 Reply Opposing Citizens Action for Safe Energy,L Burrell & I Younghein 820120 Motion to Abate Proceedings.Ok Corporation Commission Opinion Only Advisory & Alternatives to Cancellation Are Viable.Certificate of Svc Encl ML20040C0801982-01-21021 January 1982 Motion for Extension of Time Until 820102 to Respond to Intervenors' Motion to Reopen Record Re ECCS Models Deficiencies.Licensee Affiant Seriously Ill & No Other Affiant Available.Certificate of Svc Encl ML20040C0591982-01-20020 January 1982 Motion to Abate Proceedings Until 820125.OK Corp Commission 820115 Order Directed Applicants to Advise Commission of Decision on Whether to Proceed W/Const within 30 Days. Certificate of Svc Encl ML20040A9641982-01-15015 January 1982 Decision of Ok Corporation Commission Denying Util Request for Rate Base Treatment of Const Investment for Facility. Proposes Facility Be Converted to Coal.Nrc Dilatory Actions Re TMI Accident Cited as Influencing Factors ML20040A8221982-01-11011 January 1982 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20039G1041982-01-0707 January 1982 Motion for Extension of Time Until 810122 to Reply to Intervenor Motion to Reopen Record Re ECCS Model Deficiencies.Info Supporting Motion to Reopen Record within GE Custody So GE Must Review Matl.Certificate of Svc Encl ML20039E8671982-01-0505 January 1982 Affidavit That Neither Interim Containment Loads Rept, Mark III Containment, Revisions 3 or 4 or Info in Mb Fields Dec 1981 Memo Have Any Significant Effect on Preliminary Mark III Containment Design of Facility ML20039E1111981-12-29029 December 1981 Motion to Reopen Record Re ECCS Model Deficiencies.Board Notification 81-49 Indicates Discovery of Info of Matters of Serious Safety Significance & Warrants Reopening of Record. Certificate of Svc Encl ML20039C2351981-12-22022 December 1981 Response to NRC & Applicant Responses to Contentions Re Hydrogen Control Issues.Contention Should Be Accepted by Aslb.Certificate of Svc ML20039B0841981-12-14014 December 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20062M3441981-12-0808 December 1981 Response to Citizens Action for Safe Energy,L Burrell & I Younghein 811120 Proposed Contentions.Opposes Hydrogen Control Contention as No Issue of Fact Suitable for Resolution Stated & Contention Lacks Reasonable Specificity ML20039A1791981-12-0808 December 1981 Notice of Appearance in Proceeding ML20005C0661981-11-10010 November 1981 Reply to Intervenors 811105 Motion for Extension Until 811121 to File Addl Contentions.Util Does Not Opppose Motion.Response Date of 811208 Should Be Established. Certificate of Svc Encl ML20005C1051981-11-0505 November 1981 Motion to Modify ASLB 811014 Order by Extending Until 811121,time within Which to Identify & Propose Contentions Re Hydrogen Control.J Callo 811021 Ltr & Certificate of Svc Encl ML20005C0201981-11-0505 November 1981 Proposed Contentions for Continued Radiological & Safety Hearings ML20010D1671981-08-18018 August 1981 Notice of Change of Svc List.Ja Basile Should Replace Vl Conrad ML19345A7161980-10-31031 October 1980 Order Transferring Civil Action 80-2659 to Us District Court for Central District of Il.Reed Rept May Not Be Released Pending Disposition ML19344E2531980-08-25025 August 1980 Motion for Appearance of FW Taylor & Withdrawal of Rf Berger in Civil Action 80-1566 Before Us Court of Appeals for DC Circuit ML19344B3121980-08-18018 August 1980 Notice of Withdrawal in Proceeding.Certificate of Mailing Encl ML19344B3131980-08-18018 August 1980 Notice of Appearance in Proceeding.Certificate of Mailing Encl ML19330B2201980-06-30030 June 1980 Notices of Jg Thomas & CS Rogers Withdrawal & Rf Berger Appearance in Proceeding.Certificate of Svc Encl ML19320A7861980-06-24024 June 1980 Motion to Intervene as Interested State in Case 80-1566 Before Us Court of Appeals for DC Circuit.Nrc Regulations Grant States Legal Right to Intervene at Appeal Stage. Certificate of Svc Encl.Related Correspondence ML19344D7871980-04-0707 April 1980 Brief Amicus Curiae Re Certified Question of Whether Litigation of Health Effects of Normal Radioactive Releases Is Barred as Matter of Law.Issue Is Precluded in Absence of Special Circumstances.W/Certificate of Svc ML19305E0841980-04-0707 April 1980 Memorandum Stating Views Re Question Certified in ALAB-573. Consideration of Health Effects from Emission within App 1 Limits Is Central & Controlling Factor.Certificate of Svc Encl ML19305E1741980-04-0101 April 1980 Statements of Position Re Certified Question of App 1 of 10CFR50 Concerning Litigation of Health Effects of Routine Radioactive Emissions.Urges Dismissal of Inquiry.Certificate of Svc Encl 1985-06-14
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20127B0071985-06-14014 June 1985 Application for Waiver of Withdrawal Fees Under 10CFR170.12 for Plant.Assessment of Fees Would Violate Fairness, Public Policy & Value to Applicant Principles.Cancellation of Project Due to NRC Actions.Certificate of Filing Encl ML20132B4341985-06-12012 June 1985 Application for Waiver of Withdrawal Fees Under 10CFR170.12(b).Assessment of Fees Violates Fairness,Public Policy & value-to-applicant Principles of Independent Ofcs Appropriation Act of 1952.Supporting Brief Encl.W/O Encl ML20028F1971983-01-24024 January 1983 Notice of Substitution of ML Bardrick for Sj Drake as State of Ok Representative.Certificate of Svc Encl ML20028C3361983-01-0404 January 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054J8331982-06-23023 June 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20052G8341982-05-14014 May 1982 Response to ASLB 820429 Order Re Site Redress.Final Decision on Site Redress Should Be Deferred Until Decision Made by End of 1982 on Future Power Projects.Certificate of Svc Encl ML20040A8221982-01-11011 January 1982 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20039B0841981-12-14014 December 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20039A1791981-12-0808 December 1981 Notice of Appearance in Proceeding ML20010D1671981-08-18018 August 1981 Notice of Change of Svc List.Ja Basile Should Replace Vl Conrad ML19344B3121980-08-18018 August 1980 Notice of Withdrawal in Proceeding.Certificate of Mailing Encl ML19344B3131980-08-18018 August 1980 Notice of Appearance in Proceeding.Certificate of Mailing Encl ML19330B2201980-06-30030 June 1980 Notices of Jg Thomas & CS Rogers Withdrawal & Rf Berger Appearance in Proceeding.Certificate of Svc Encl ML19305D9131980-03-14014 March 1980 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale.Certificate of Svc Encl ML19250C4091979-10-19019 October 1979 Advises of Settlement Reached Between PSC of Ok & Mhb Technical Associates,As Stated in J Gallo 790730 Ltr,Re Payment of Costs & Expenses Associated W/Taking of Depositions.Supporting Documentation Encl ML19209A4141979-08-10010 August 1979 Notice of Appearance of La Wilson-Zalko on Behalf of State of Ok.Certificate of Svc Encl ML19246B7771979-05-21021 May 1979 Certificate of Svc Re Util 790521 Motion to File Reply ML19269D4161979-04-26026 April 1979 Notice of Filing by Util to Proposed Findings of Fact & Conclusions of Law from NRC & Intervenors.Notice of Appearance of Me Gibbs on Behalf of Util & Certificate of Svc Encl ML19289F0021979-03-28028 March 1979 Advises of Filing of Util Proposed Findings of Fact Re Load Combination Methodology for Reasons Discussed in 790326 Finding of Facts,Conclusions of Laws & Proposed Order. Certificate of Svc Encl ML19263C8171979-02-13013 February 1979 Notifies of Appearance of Jr Farris on Behalf of Intervenors,Citizens Action for Safe Energy,I Younghein & L Burrell.Certificate of Svc Encl ML19261B4191979-02-0202 February 1979 Notice of Withdrawal of Ih Younghein & L Burrell as Attys for Intervenors Citizens Action for Safe Energy,Effective 790203.Certificate of Svc Encl ML20147G8301978-12-13013 December 1978 Notice of Appearance of AP Bielawski on Behalf of Psok. W/Cert of Svc ML20147H9341978-12-0707 December 1978 Notice of Appearance of DC Dambly in Proc.Cert of Svc Encl ML20153A9801978-11-15015 November 1978 Orders & Gives Notice That Evidentiary Hearings on Health & Safety Issues Re Subj Facils Will Resume on 781205 & Continue Thru 781215 in Tulsa,Ok.On 781213 ASLB Will Hear Oral Argument on Ge'S Motion to Quash of 781030 ML20150D1841978-11-0909 November 1978 NRC Staff Response to Applicant'S Motion to Supplement the Record on Appeal.Believes That 780711 Owrb Findings of Fact & Conclusions of Law & 780711 Owrb Stream Water Permit Should Be Admitted Into Record.W/Cert of Svc ML20150C3641978-11-0606 November 1978 NRC Staff Motion for Extension of Time in Which to Submit Its Response to GE Motion to Quash Intervenors' Subpoena. Staff Seeks Extension to 781109.Cert of Svc Encl ML20148E1351978-10-30030 October 1978 Notice of Special Appearance in Connection W/Ge 781018 Motion to Quash Intervenor Subpoena ML20150B8571978-10-30030 October 1978 Notice of Special Appearance on Behalf of Gen Elec in Connection W/Gen Elec'S Motion to Quash Intervenor'S Subpoena 1985-06-14
[Table view] |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of the Application of )
PUBLIC SERVICE COMPANY OF OKLAHOMA, )
ASSOCIATED ELECTRIC COOPERATIVE, INC., ) Docket Nos.
AND ) STN 50-556 WESTERN FARMERS ELECTRIC COOPERATIVE ) STN 50-557 (Black Fox Station, Units 1 and 2) )
APPLICATION FOR WAIVER OF WITHDRAWAL FEES UNDER 10 C.F.R. S 170.12(b)
PUBLIC SERVICE COMPANY OF OKLAHOMA, ASSOCIATED ELECTRIC COOPERATIVE, INC., and WESTERN FARMERS ELECTRIC COOPERATIVE (the "BFS Co-Owners") respectfully ask the Nuclear Regulatory Commis-sion (the "N.R.C.") to waive fees for withdrawal of their nuclear construction-permit application. A total withdrawal fee of
$1,009,275 has been charged _against the cancelled Black Fox Station nuclear project (the "BFS Project"). Of this, the BFS Co-Owners paid $125,000 when they filed their construction-permit application for the BFS Project in 1975.- By color of 10 C.F.R.
S 170.12(b), the N.R.C. issued invoice #C0203 dated May 3, 1984 for the $884,275 balance plus interest at the rate of .75% per month.
The~BFS Co-Owners' request for a waiver of this withdrawal fee rests upon the unique facts surrounding their construction-85092gO p _
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permit application. These facts show that assessment of with-drawal fees against the BFS Co-Owners would violate the fairness, public-policy, and value-to-applicant principles of the Independent Offices Appropriation Act of 1952, Title V, 31 U.S.C.A. S 9701(b) (West 1983) (the "IOAA"). In support of this request, the BFS Co-Owners state:
- 1. Before November 1981, withdrawal of a construction-permit application was charge-free under 10 C.F.R. S 170.12(b).
Except for the initial non-refundable fee, no additional fees fell due for the N.R.C. 's review of a construction-permit application unless such application were ultimately granted.
- 2. For withdrawals on or after November 6, 1981, a newly-adopted version of 10 C.F.R. S 170.12(b) imposes a withdrawal fee equal to the fee that would have been due had the construction-permit application actually been granted.
- 3. Apart from this change in N.R.C. fee rules, every assessment of withdrawal fees must comply with the principles of the IOAA: The withdrawal fee must be fair as applied to each withdrawing construction-permit applicant. The amount of the fee must be computed from the N.R.C. 's actual costs expended for the individual application withdrawn. The withdrawal fee charged against each withdrawing applicant must depend upon the value of the N.R.C. 's service to that applicant. The withdrawal fee must not contravene any public policy associated with assessment of such a fee. Finally, assessment of the withdrawal fee must rest upon the relevant facts surrounding the withdrawing construction-permit. applicant. See 31 U.S.C.A. S 9701(b) (1) & (2) (A)-(D) (West 1983).
- 4. The BFS Co-Owners filed their application for the BFS construction-permit in August 1975. A Limited Work Authorization issued for the BFS Project in July 1978. The administrative record was completed in February 1979. Issuance of the construc-tion-permit seemed almost assured in' ordinary course.
- 5. But less than one month after completion of the BFS administrative record, the accident occurred at Three Mile Island in ' March 1979. For the next three years, N.R.C. actions and inactions foreclosed issuance of the BFS construction-permit.
Understandably, the Three Mile Island accident triggered safety concerns. But BFS safety design differed materially from the reactor units at Three Mile Island. Even so, the BFS Co-Owners cooperated actively and fully from the very start, as the N.R.C.
sought to dictate new safety requirements that the BFS Co-Owners might meet to avoid another accident like Three Mile Island. This N.R.C. effort, however, to adopt new safety requirements proved almost interminable. The difficulty was not only regulatory inactivity, but activity with constantly changing course and focus. By January 1982, when the N.R.C. spoke with any finality about new safety requirements and design, the economic viability of BFS as a project was destroyed.
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- 6. The BFS Project became economically infeasible because of what new safety requirements the N.R.C.~ formulated and the long stall in their formulation. Whatever the justification for the N.R.C.'s regulatory actions between 1979 and 1982, such actions are the sole reason for demise of the BFS Project. As between the N.R.C. and the BFS Co-Owners, then, the N.R.C. must bear the ultimate responsibility for why the BFS Co-Owners were forced to withdraw their construction-permit application. Most pertinently to the withdrawal fee of almost a million dollars now sought by the N. R.C. , ' it was even N.R.C. actions which prevented the BFS Co-Owners from effecting withdrawal before November 6, 1981 when they could have easily avoided cach a withdrawal fee altogether.
- 7. The relevant facts surrounding the BFS Co-Owners and their Project are unique. To show that such facts render assess-ment of any withdrawal fees unfair, contrary to public policy, and otherwise impermissible under the IOAA, 31 U.S.C.A. S 9701(b), the BFS Co-Owners simultaneously submit with the present Application their Brief In Support Of Application For Waiver Of Withdrawal Fees Under 10 C.F.R. S 170.12(b).
WHEREFORE, the BFS Cc-Owners respectfully ask the Nuclear Regulatory Commission:
(A) to waive withdrawal fees for the cancelled Black Fox Station nuclear project, and (B) to set this matter for informal hearings and meetings with representatives of the Nuclear Regulatory Commission, so that 1
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further. elaboration and factual exchange may be conducted on-the present fee-waiver Application.
Respectfully submitted, i
DOERNER, STUART, SAUNDERS ,
DANIEL & ANDERSON 1000 Atlas Life Building Tulsa, Oklahoma 74103 (918) 582-1211 By:
Albert J. Givray V I
Hilary- .Z rrow
' Attorneys for Public Service Company of Oklahoma, Associated Electric Cooperative,'Inc., and Western Farmers Electric Cooperative,. as Co-Owners of the cancelled Black Fox Station nuclear project t
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