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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:PLEADINGS
MONTHYEARML20073B9761983-04-0707 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 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 ML20070N7831983-01-23023 January 1983 Motion for 2-day Extension to Respond to ASLB 830107 Order Until 830123.Certificate of Svc Encl 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 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 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 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 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 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 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 ML19290F1831980-03-0404 March 1980 Response in Opposition to Citizen'S Action for Safe Energy,L Burrell & I Youngheim 800226 Motion to Strike Applicants' Class 9 Accident Pleadings Alleging Lateness.Five Addl Days Granted by Rules When Svc Is by Mail.W/Certificate of Svc ML19305C9251980-02-26026 February 1980 Intervenor Response to Applicant Motion to Strike Response of Ok Attorney General to ASLAB-573.State of Ok Response Contains Important & Substantive Comments & Should Be Adopted to ALAB-573.Certificate of Svc Encl ML19305C9321980-02-26026 February 1980 Intervenor Motion to Strike Applicant Motion to Dismiss Class 9 Accident Inquiry & Motion to Strike Response of Ok Attorney General to ALAB-573.Proceeding Should Be Judged on Merits & Not Technicalities.Certificate of Svc Encl ML19290F1291980-02-26026 February 1980 Response in Opposition to Applicant'S 800211 Pleadings to Strike State of Ok Response to ALAB-573.Urges Commission to Reject Applicants Late Responses Re Need to Consider Class 9 Accident Consequences ML19290F1321980-02-26026 February 1980 Motion to Strike Applicant'S 800211 Motion to Dismiss Class 9 Accident Inquiry,Applicants' 800211 Motion to Delete State of Ok Response to ALAB-573 & Applicants 800211 Response to Aslab Inquiry Re Need to Consider Class 9 Consequences ML19290F1351980-02-26026 February 1980 Response in Opposition in Applicants 800211 Motion to Strike State of Ok Response to ALAB-573.Although Not Participating Party,State of Ok May Give Advice to Commission W/O Taking Position on Issues Per 10CFR2.715(c) ML19290F1371980-02-26026 February 1980 Response in Opposition to Applicant'S 800211 Motion to Dismiss Class 9 inquiry.Safety-related Class 9 Issues Differ from Question of Timely Class 9 Environ Impact Analysis ML19211C8701980-01-0404 January 1980 Motion to File Brief If Commission Accepts Review of Certified Issue Re Litigation of Radioactive Effects. Significant Interest by Tx Utils Generating Co Justifies Filing as Amicus Curiae.W/Certificate of Svc ML19260A6101979-11-16016 November 1979 Motion for Clarification of Commission 791105 Final Statement Modifying Adjudicatory Procedures.Questions Whether Final Statement Supersedes or Supplements Commission 791005 Interim Statement.Certificate of Svc Encl ML19276H4861979-10-30030 October 1979 Response in Opposition to Applicants' 791015 Suggestion of Hearing Schedule.Applicant Failed to Show That near-term Hearings Should Be Held.If Schedule accepted,long-term TMI-2 Issues Should Be Heard.Certificate of Svc Encl ML19210C2951979-10-15015 October 1979 Suggests Hearing Schedule.Supports NRC 791109 Response to Applicants' Request for Hearing & to Intervenors' & Atty General Supplemental Answers.Suggests Prehearing Conference to Establish Procedures.W/Excerpt of 791004 Transcript ML19254E4111979-09-20020 September 1979 Response in Opposition to Applicant Motion for Commission Hearings.Urges ASLB Forestall Issues Concerning TMI-2, Publication of Results of Kemeny Commission & Rogovin Special Inquiry.Certificate of Svc Encl ML19250B7901979-09-20020 September 1979 Response to Applicants' Motion for Commission Action.Issues Raised by TMI-2 Accident Should Be Addressed in Applications for CP.Long-term Lessons Learned Recommendations & Kemeny Commission Rept Should Be Incorporated.W/Certificate of Svc ML19259D6641979-08-27027 August 1979 Response by Intervenors to Util 790811 Request for Hearing & Motion Establish Hearing Schedule.Hearings Should Be Held After Study of TMI Repts.Operating Data Should Be Available Certificate of Svc Encl ML19209B0851979-08-27027 August 1979 Response Submitted by Intervenor State of Ok to Util 790811 Request That ASLB Reopen Record for Hearings.Public Interest Requires Reopening Record for Litigation of TMI-related Issues.Supporting Documentation & Certificate of Svc Encl ML19249F0181979-08-11011 August 1979 Requests That ASLB Deny State of Ok 790419 Motion for Indefinite Stay.Seeks Reopening of Hearings to Explore Aspects of TMI Pertinent to Proceedings.Aslb Should Reopen Record & Establish Hearing Schedule ML19224C8171979-05-31031 May 1979 Seeks Denial of NRC 790518 Request for Deferral of Decision on Question of Opening Record.If Any Pending Motion Is Decided Adversely to Util,Ruling Should Be Referred to Aslab.Certificate of Svc Encl ML19224D6941979-05-21021 May 1979 Requests That ASLB Allow Ps of Ok to Responds to NRC 790518 Answer to State of Ok Motion for Indefinite Stay.Parties Request Various Forms of Relief.Parties Have No Objection to Motion.Certificate of Svc Encl ML19261E3701979-05-18018 May 1979 Request by Util Re Intervenors 790427 Motion to Reopen Record.Seeks Denial of Request Re Financial Qualification, Tmi,Class 9 Accidents & Emergency Planning & post-accident Monitoring.Certificate of Svc Encl ML19224C8291979-05-17017 May 1979 Answer by Util to NRC 790509 Finding of Facts Re Eccs. Requests That ASLB Treat Findings as Final & Make Record Ready for Decisions.Nrc Is Not Following Rules of Practice. Certificate of Svc Encl ML19261D8331979-05-11011 May 1979 Response by Applicants to State of Ok Motion for Indefinite Stay in Issuance of Initial Decision.State Lacks Standing to File Motion W/Aslb;Legal Requirements for Obtaining Stay Have Not Been Met.W/Supporting Ltr & Certificate of Svc ML19224C8251979-05-10010 May 1979 Notifies ASLB of Participation of County of Columbia,Ny & Town of Stuyvesant,Ny,Per 10CFR2.715(c).Contentions of Concerned Citizens for Safe Energy,Inc Will Be Adopted If Necessary ML19224C8191979-05-10010 May 1979 Forwards & Adopts Contentions of Concerned Citizens for Safe Energy.Contentions Supplement Petition to Intervene ML19224C8241979-05-10010 May 1979 Contentions of Concerned Citizens for Safe Energy,Inc & Town of Stuyvesan,Ny,In Response to NRC 790205 Notice.Submits Contentions Re Choice of Stuyvesant as Alternate Site & Cost & Benefit of Facility.Reserves Right to Amend Contentions ML19263E6631979-05-0404 May 1979 Requests ASLB Grant Extension Until 790518 for Util to File Answer to Intervenors 790419 Motion for Indefinite Stay of Initial Decision.Motion Seeks Addl Relief,Reply Is Warranted.Certificate of Svc Encl ML19263E3031979-04-30030 April 1979 Util Request That ASLB Grant Extension Until 790501,to Permit Util to File Answer to State of Ok 790419 Motion for Indefinite Stay in Issuance of Initial Decision. Certificate of Svc Encl ML19269D4181979-04-26026 April 1979 Response by Util to Proposed Findings of Fact & Conclusions of Law from NRC & Joint Intervenors Citizens Action for Safe Energy,I Younghein & L Burrell.Limited to Findings Where Clarification of Record Is Required ML19289E8781979-04-0303 April 1979 Requests Extension Until 790412 to File Proposed Findings of Facts & Conclusions of Law.Certificate of Svc Encl ML19274E4051979-03-0101 March 1979 Intervenors' Motion to Suppl Record W/Tulsa Urban Study, Prepared by Us Army Corps of Engineers.Excerpt from Study & Certificate of Svc Encl ML19274E4361979-02-27027 February 1979 State of Ok'S Petition to Participate as Interested State. Notices of Appearance of Jg Thomas & CS Rogers & Certificate of Svc Encl ML19261B2691979-01-24024 January 1979 Applicants' Response to NRC Motion for Preliminary Ruling Re Initiating Causes for Design Basis Fires.Urges Denial of Motion W/O Prejudice as Untimely & Informs of Intent to Submit Addl Testimony.Certificate of Svc Encl ML19270F0601979-01-0505 January 1979 Motion by Applicant W/Suggested Schedule for Proceeding in Hearings.Counsel for All Parties Are Amenable to the Timetable.Certificate of Svc Encl ML19289C8671979-01-0404 January 1979 Request by Intervenors That Oral Argument Be Postponed for Not Less than 60 Days.Intervenors Have No Funds at the Moment to Pay for Trip to Washington,Dc.Certificate of Svc Encl 1983-04-07
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. - 11/16/79 ,
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UNITED STATES OF AMERICA -
' -I NUCLEAR REGULATORY COMMISSION . . . . - .j g g >[;'
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Before The Commission (. ~.* '/C,
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_
In the Matter of the Application of ) 'C ' s .
Public Service Company of Oklahoma, )
Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )
)
(Black Fox Station, Units 1 and 2) )
MOTION FOR CLARIFICATION Public Service Company of Oklahoma, Associated Electric Cooperative, Inc. and Western Farmers Electric Cooperative (" Applicants") , by their attorneys, move the Nuclear Regulatory Commission (the " Commission" or the "NRC")
to issue an order clarifying the NRC's statement entitled
" Modified Adjudicatory Procedures" of November 5, 1979, as it relates to the instant proceeding. Specifically, Appli-cants request that the NRC Staff be directed to proceed with the licensing review of the Black Fox Station as pre-viously outlined in the Commission's October 5, 1979 Interim Statement of Policy and Procedure.
On September 5, 1979, Applicants filed a " Motion for Commission Action" in which they asked for certain relief relating to the conduct of the Black Fox Station construction permit proceeding in the wake of the accident at Three Mile Island. One of the courses of action urged upon the Commission 1461 199 g912030 C O y g G-
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by Applicants in that motion was the resumption of the re-actor licensing process based upon the implementation of certain licensing requirements set forth in the August 20, 1979 memorandum to the Commissioners from the Director of Nuclear Reactor Regulation.
On October 5, 1979, the Commission issued its Interim Policy S tatement. While applicable to all pending licensing matters, the October 5 statement was specifically denominated a response to Applicants' Motion. In regard to the question of the resumption of the licensing process, the statement provided:
The Commission's staff should continue its present policy of informing the Commission, NRC licensees, and NRC applicants of staff's views on the implications of the Three Mile Island accident in general and on what cor-rective or preventive actions are called for in specific cases as a result of its analysis of the accident. In particular, this means the staff is authorized to pro-coed with licensing reviews and present evidence on the implications of the accident for resolution of proceedings now before Atomic Safety and Licensing Boards. (Interim Statement at 2).
Four days after the issuance of the Commission's Interim Statement, the NRC Staff filed its " Answer to Appli-cants' Request for Hearing and Supplemental Answer to State of Oklahoma's Motion for Stay and Intervenors' Motion to Reopen" with the Atomic Safety and Licensing Board in this docket. In that pleading, the NRC Staf f referred to the 1461 200
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portion of the Interim Policy Statement. quoted above and explained that tae Staff had prepared a generic letter setting forth certain Three Mile Island-related requirements to be met by construction permit applicants. It was the Staff's position that once that letter had been sent to Applicants and an adequate response received, and after the NRC Staff had issued a Safety Evaluation Report Supplement, hearings in the Black Fox proceeding could be scheduled. The letter referenced by the NRC Staff was issued to all construc-tion permit applicants on October 10, 1979. Applicants responded by letter dated October 12, 1979.*
On November 5, 1979, the Commission issued a State-ment captioned " Modified Adjudicatory Procedures" (hereinafter referred to as " Final Statement") which suspended the imme-diate effectiveness rule (10 C.F.R. S 2.764), and set forth the procedures by which new licenses, permits and authorizations may be issued. In so doing, the Commissioners explained that the actions described in the Final Statement constituted their final action on Applicants' motion.
- Applicants were able to respond quickly to the Staff's letter of October 10 because they had made an independent evaluation of both the Three Mile Island accident gener-ally and the specific recommendations set forth in NUREG-0578, as amended by the ACRS and the Director of Nuclear Reactor Regulation. Thase evaluations are documented in Applicants submittals to the NRC Staff dated June 15, July 27, August 8 and August 24, 1979.
1461 201
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However, the Final Statement did not reiterate the position expressed in the Interim Policy Statement concern-ing the resumption of licensing reviews by the NRC Staff.
Thus, it is not clear whether the Final Statement was intended to supersede or supplement the Interim Statement. It is this lack of express guidance about the licensing review process, together with the events described below, which lead Applicants to request that the Commission clarify its Statement of November 5 with specific reference to the Black Fox application.
The lack of certainty concerning the Commission's position on this matter is-due largely to the changes in circumstances which have occurred in the 30-day interval be-
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tween the issuance of the Interim Policy Statement and the Final Statement. First, the Kemeny Commission report was made public on October 30. The sweeping changes that docu-ment recommends concerning NRC practices have created confusion as to when the licensing process for Black Fox Station will resume. Second, Applicants understand that the Commission has received a recommendation from the Director of Nuclear Reactor Regulation which suggests a reallocation of resources within the NRC Staff so that pending applica-tions like Black Fox would receive little attention during the next few months. Applicants are not aware of any action by the Commission on this recommendation. Finally, remarks made by the Commission in an appearance before Congress have 1461 202
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cast more doubts upon the NRC's timetable for resuming the licensing process with respect to pending applications.
The combination of these factors has led to uhat appears to be a general state of confusion among the NRC Staff as to what steps to take regarding the Black Fox Station.
It is to alleviate this mood of confusion that Applicants seek a clarification of the Final Statement. Applicants' original Motion for Commission Action of September 5 sought to have the Commission adopt the NRC Staff's August 20, 1979 recom-mendation concerning licensing. The appropriate relief now, however, in view of the changed circumstances explained above, would be an order authorizing the NRC Staff, as stated
- in the Interim Policy Statement, to proceed with licensing reviews and to present evidence on the implications of the Three Mile Island accident for resolution of proceedings now before Atomic Safety and Licensing Boards. In the case of Black Fox, such an order would enable the NRC Staff to issue Supplement No. 3 to its Safety Evaluation Report with respect to some of the Three Mile Island issues.*
- On October 23, 1979, the NRC Staff requested additional information from Applicants on the subject of emergency planning. This matter is being reviewed by Applicants and it is expected that this inquiry will be addressed by the NRC Staff in a further supplement to the Safety Evaluation Report. Thus, Supplement No. 3 will not represent a final disposition by the NRC Staff of TMI-related matters with respect to Black Fox Station. It would, however, mark a very definite step of progress in the licensing review process.
1461 203
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This clarification of NRC licensing policy would thus dispose of the one matter in Applicants' motion which has not been adequately dealt with by the Commission, for while the Final Statement purported to be a final disposi-
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tion of Applicants' petition, the request for relief regard-ing NRC Staff action on Black Fox was not addressed.
For the foregoing reasons, Applicants Motion for Clarification should be granted, and an order entered which directs the NRC Staff to proceed with the licensing review of the Black Fox Station. Consistent with the Commission's past practice, this action may be accomplished by reiterating on a generic basis that the NRC Staff is authorized to pro-
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ceed with licensing reviews and to present evidence on the implications of the Three Mile Island accident for resolu-tion of proceedings now before Atomic Safety and Licensing Boards.
Respectfully submitted, Isham, Lincoln & Beale 1050 17th Street, N.W.
C#m[
Jog 6ph Gallo Md Suite 701 8 Washington, D.C. 20036 . I 202/833-9730 Isham, Lincoln & Beale
[2 m /{{. Gibbs,2s
Martha E.
One First National Plaza Suite 4200 Attorneys for the Applicants Chicago, Illinois 60603 312/558-7500 November 16, 1979 4 04
*
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMM'.SSION Before The Commission In the Matter of the Application of )
Public Service Company of Oklahoma, )
Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )
)
(Black Fox Station, Jnits 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that the following MOTION FOR CLARIFICATION in the above-captioned proceeding was served upon the persons shown on the attached list by depositing copies thereof in the United States mail, first class postage
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prepaid, this 16th day of November, 1979.
'd, -
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JOSEPH GALLO On'e'of the Attorneys for the Applicants 1461 205
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Chairman Joseph M. Hendric Dr. W. Reed Johnson U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Commissioner Victor Gilinsky Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Jerome E. Sharfm :n, Esquire Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel Commissioner Richard T. Kennedy U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Commissioner Peter A Bradford Office of the Secretary of U.S. Nuclear Regulatory the Commission Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Commissioner John F. Ahearne (20 copies)
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Sheldon J. Wolfe, Esquire Commission
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Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Mr. Frederick J. Shon, Member Washington, D.C. 20555 Atomic Safety and Licensing Board Panel L. Dow Davis, Esquire U.S. Nuclear Regulatory Counsel for NRC Staff Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Dr. Paul W. Purdom, Director ~
Environmental Studies Group Joseph R. Farris, Esquire Drexel University John R. Woodard, III, Esquire 32nd and Chestnut Streets Feldman, Hall, Franden, Reed Philadelphia, Pennsylvania 19104 & Woodard 81ii Enterprise Building Richard S. Salzman, Esquire Tulsa, Oklahoma 74103 Atomic Safety and Licensing Appeal Board Mr. Clyde Wisner U.S. Nuclear Regulatory NRC Region 4 Commission Public Affairs Officer Washington, D.C. 20555 611 Ryan Plaza Drive Suite 1000 Arlington, Texas 76011 1461 206
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Andrew T. Dalton, Esquire 1437 South Main Street Room 302 Tulsa, Oklahoma 74119 Mrs. Carrie Dickerson Citizens Action for Safe Energy, Inc.
P.O. Box 924 Claremore, Oklahoma 74107 Mrs. Ilene H. Younghein 3900 Cashion Place Oklahoma City, Oklahoma 73112 Mr. Lawrence Burrell Route 1, Box 197 Fairview, Oklahoma 73737 Mr. Maynard Human General Manager Western Farmers Electric Cooperative P.O. Box 429 Andarko, Oklahoma 73005
- Mr. Gerald F. Diddle General Manager Associated Electric Cooperative, Inc.
P.O. Box 754
. Springfield, Missouri 65801 Mr. Vaughn L. Conrad Public Service Company of Oklahoma P.O. Box 201 Tulsa, Oklahoma 74102 Mr. T. N. Ewing, Manager Black Fox Station Nuclear Project '
Public Service Company of Oklahoma P.O. Box 201 Tulsa, Oklahoma 74102 1461 207 Charles S. Rogers, Esquire Assistant Attorney General 112 State Capitol Building Oklahoma City, Oklahoma 73105}}