ML19341A608

Reply Supporting Applicant Earlier Motion to Withdraw CP Application W/O Prejudice.Opposes Intervenor York Committee for Safe Environ Response Supporting Withdrawal of Application W/Prejudice.Certificate of Svc Encl

ML19341A608
Person / Time
Site:	05000463, 05000464
Issue date:	01/23/1981
From:	Irwin D PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8101270315
Download: ML19341A608 (5)

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UNITED STATES OF AMERICA y D;ttfr:2aS$ [ ,,, '

NUCLEAR REGULATORY COMMISSION f Branch

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ro Before the Atomic Safety and Licensing Board In the Matter of )

PHILADELPHIA ELECTRIC COMPANY ) Docke t Nos. 50-463,

( Fulton Generating Station, Units 1 and 2) ) 50-464 APPLICANT'S REPLY TO INTERVENORS' RESPONSE TO APPLICANT'S MOTION TO WITHDRAW APPLICATION AND TERMINATE PROCEEDINGS The Applicant, Philadelphia Electric Company, hereby replies to the " Response of Intervenors York Committee for a Saf e Environment. . . " to its pending request to withdraw the Fulton construction permit application and to terminate these construction permit proceedings without prejudice. Intervenors have opposed that portion of the Applicant's motion which would terminate these proceedings without prejudice.

Intervenors have shown no basis for their proposal that the termination of these proceedings should be with prejudice.

Indeed, each of the Applicant's acts referred to by Intervenors was merely consistent with good faith prosecution of a properly filed application. The unilateral cessation of work on the project by PE's reactor supplier in 1975 hardly furnished a reason to prefer withdrawal of the application then oy eek-

< m ing to amend it with a new type of reactor, espe [isl I 'n of the fact that prehearing review of the projh t W \

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i Regulatory Staff was nearly complete. Similarly, the adaptation of the project to an Early Site Review in early 1979 (an action which Intervenors challenged, unsuccessfully, at the time) was perfectly proper under the Commission's regulations.

The Applicant's recent decision to withdraw its application simply reflects the accumulation of two additional years of circumstances, including the NRC's post-TMI licensing s. pen- ,

sion and a continuation of lower rates of load growth.

Further, the fact that the timing of the motion to withdraw was intended to save the Applicant and its customers possible addi-tional regulatory fees is hardly an argument for penalizing the Applicant. Equally important, however, no factual or legal determinations adverse to the Fulton application have ever been made; to the contrary, the Regulatory Staff's Final ,

Environmental Statement and Safety Evaluation Repor t were both,

on balance, favorable to the proposal.1!

In short, the Applicant's actions with respect to the form and continuation of the Fulton application have been con-sistently proper and reasonable in light of shif ting and in-creasingly adverse circumstances. Further, the record of this  ;

application to date furnishes no basis for a conclusion that the Fulton site would not have proven suitable for a power re- ,

I actor. Prejudicial dismissal of this application, which might, 1/ Intervenors had filed no detailed factual materials at the time work was terminated on the project.

D' in turn, unfairly prejudice a successor application for a power reactor on the Fulton site, is not warranted.

The Applicant submits that its motion for withdrawal of

its Construction Permit application and termination of these proceedings without prejudice should be granted as initially requested.

Respectfully submitted, fl ,-

Donald P. Irwin Counsel for Philadelphia Electric Company Hunton & Williams P. O. Box 1535 707 East Main Street Richmond, Virginia 23212 of Counsel:

Eugene J. Bradley, Esquire Philadelphia Electric Company 2301 Market Street Philadelphia, Pennsylvania 19899 DATED: January 23, 1981 4

l

. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

PHILADELPHIA ELECTRIC COMPANY ) Docket Nos.

( Fulton Generating Station, Units 1 and 2) ) 50-463, 50-464 CERTIFICATE OF SERVICE I hereby certify that I have served copies of the Applicant's Reply to Intervenors' Response to Applicant's Motion to Withdraw Application and Terminate Proceedings on the following persons by hand or by U.S. mail, first class postage prepaid, this date:

l Mr. Hugh K. Clark, Chairman Eugene J. Bradley, Esq.

P.O. Box 127A Philadelphia Electric Company Kennedyville, MD 21645 2301 Market Street Philadelphia, PA 19101 Dr. Donald P. deSylva

, Associate Professor of Marine Dr. A. Dixon Callihan Science Union Carbide Corporation Rosential School of Marine and P.C. Eox Y Atmospheric Science Oak Ridge, TN 37830 University of Miami Miami, FL 33149 W. Jeffrey Sidebottom, Esc.

Barley, Snyder, Cooper & Barber Mr. Gustave A. Linenberger 115 East King Street Atomic Safety and Licensing Board Lancaster, PA 17602 U.S. Nuclear Regulatory Commission Washing to n , DC 20555 Gilbert G. Malone, Esq.

Ports, Beers, Feldmann & Malone Lawrence Sager, Esq. 145 East Market Street Sager & Sager Associates York, PA 17401 45 High Street i Pottstown, PA 19464 l l

York Committee for a Safe Mr. Walden S. Randall Environment Riverhill Farm Dr. Chauncey R. Kepford R.D. #2 433 Orlando Avenue Holtwood, PA 17532 State College, PA 16801 Jean Royer Kohr, Esq.

Theodore A. Adler, Esq. Minney, Mecum & Kohr Widoff, Reager, Selkowitz 150 E. Chestnut Street

& Adler Lancaster, PA 17602 P.O. Box 1547 Harrisburg, PA 17105 Atomic Safety and Licensing Board Panel Michael J. Scibinico U.S. Nuclear Regulatory Special Assistant Attorney Commission General Washing ton , DC 20555 Department of Natural Tawes State Office Building Atomic Safety and Licensing Annapolis, MD 21401 Appeal Panel U.S. Nuclear Regulatory Executive Director Commission Susquehanna River Basin Wa shing to n , DC 20555 Commission 1721 N. Front Street Docketing and Service Section (7)

Harrisburg, PA 17102 Office of the Secretary U.S. Nuclear Regulatory Commission George L. Boomsma Washington, DC 20555 Save Solanco Environment Conservation Fund James A. Humphreys, III P.O. Box 64 Barley, Snyder, Cooper &

Quarryville , PA 17566 Barber 115 E. King Street Lancaster, PA 17602

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.d Donald P. Irwin W

DATED: January 23, 1981

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