ML20073B976

Motion to Dismiss Remaining Environ Issue.Aslb 830307 Order Revoked Plant LWA & Published Notice of Withdrawal of Application for Cps.Certificate of Svc Encl

ML20073B976
Person / Time
Site:	Black Fox
Issue date:	04/07/1983
From:	Gallo J, Styles L ISHAM, LINCOLN & BEALE, PUBLIC SERVICE CO. OF OKLAHOMA
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8304120621
Download: ML20073B976 (6)

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UNITED STATES OF AMERIQ gg NUCLEAR REGULATORY COMMI$'SIION" II I41011 BEFORE THE ATOMIC LICENSING AND SAFETYIAPPEALiBOARD In the Matter of the Application of )

. Public Service Company of Oklahoma )

Associated Electric Cooperative, Inc. ) Dccket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )

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(Black Fox Station, Units 1 and 2) )

MOTION TO DISMISS Public Service Company of Oklahoma, Associated Electric Corporative, Inc. and Western Farmers Electric Cooperative (" Applicants" ) hereby move the Atomic Safety and Licensing Appeal Board to enter an order dismissing.the remaining environmental issue pending before it in the Black Fox Station Licensing proceeding. In support of the Motion, Applicants-state:

1. On December 7, 1979, the Atomic Safety and Licensing Appeal Board affirmed, in part, the initial decision of the Atomic Safety and Licensing Board in the Black Fox Station docket.1 The initial decision decided the environ-l mental phase of the licensing proceeding and sanctioned a l'

l limited work authorization ( " LWA" ) for pre-construction activities at the Black Fox Station Nuclear Plant.S! As part 1/ ALAB-573, 10 NRC 775 (1979).

2/ LBP-78-26, 8 NRC 102, modified, LBP-78-28, NRC 281 (1978).

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of its decision in ALAB-573, the Appeal Board retained jurisdiction to review further one aspect of the initial decision, namely, the effect, if any, of emissions attributable to the mining and milling of uranium for use as fuel in the Black Fox Station (and other) nuclear pcwer

-reactors:(the " radon issue") on the environmental cost-benefit balance required to be performed for the Black Fox Station nuclear plant.2 This matter remains pending for the Appeal Board's consideration.

2. On February 16, 1982, Applicants announced their decision to cancel the Black Fox Station nuclear project. In light of that decision, on April 6, 1982,AI and again on January 23, 1983,EI Applicants' moved the Atomic Safety and Licensing Board, pursuant to 10 C.F.R. S2.107(a),

to enter an order terminating the Black Fox Station proceeding and permitting Applicants to withdraw, without prejudice, l 3/ 10 NRC at 807. The Appeal Board had deferred review of l this matter pending the completion of separate l proceedings. See, Philadelphia Electric Co., et al.,

(Peach Bottom Station, Units 2 and 3), ALAB-480, 7-NRC 796 (1978), ALAB-562, 10 NRC (1979).

4/ Applicants' April 6, 1982 Motion was denied by the Licensing Board, without prejudice, on June 18, 1982.

i 5/ Applicants filed their January 23, 1983 Motion based on the November 26, 1982 publically announced. decision to '

l construct the.Inola Station, a coal-fired electric

! power-generating station, to be built at the site of the

! cancelled Black Fox Station nuclear project. See Further l

affidavit of John B. West, Black Fox Station project manager, with accompanying attachments, dated January 14, 1983. Exhibit 4, as submitted with Applicants' January 23, 1983 Motion.

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e their application for construction permits. These-motions were supported by the NRC Staffb and were not objected to by Intervenors or by the State of Oklahoma, as an interested state.1! On March 7, 1983, the Licensing Board granted, subject to certain conditions, Applicants' Motion to terminate and withdraw its application for construction permits.8/

3. The Licensing Board's March 7 Order vacated the Partial Initial Decision, LBP-78-26, 8 NRC 102 (1978),

authorizing issuance of the LWA for Black Fox Station, Units 1 and 2. Order at 3. The Order also authorized the Director of Nuclear Reactor Regulation to revoke the outstanding Black Fox Station LWA, as amended, and to cause to be published in the Federal Register a notice of~ withdrawal of the application for construction permits.

4. The March 7, 1983 Order effectively terminated, without prejudice, all Licensing Board proceedings in the Black Fox Station construction permit docket, thereby rendering resolution of the radon issue moot. Therefore, in 6/ Reply of NRC Staff, dated June 2, 1982, and February 7, 1983. -

7/ State of Oklahoma's Response to Applicants' Motion for Termination of Proceeding and Withdrawal of Application, dated February 25, 1983. Intervenors did not file a response to either motion.

-8/ Licensing Board Memorandum and Order (Granting, Without Prejudice, But Subject to Conditions, Applicants' Motion to Terminate and to Withdrawl, dated March 7, 1983 (hereinafter " Order").

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order to close out the Black Fox Station licensing proceeding in its entirety, Applicants request that the Appeal Board vacate its jurisdiction over the radon issue and dismiss the instant proceeding.

5. Counsel for the NRC Staff has no objection to the grant of Applicants' motion. Counsel for Intervenors and the Attorney General for the State of Oklahoma also do not object to the grant of the motion.

For good cause shown, Applicants' motion should be granted.

Respectfully submitted, Or d /Xh b gj;' Joseph Gallo a

Lisa C. StgZe5 - ' ,

Two of the Attorneys for Public Service Company of Oklahoma Isham, Lincoln & Beale 1120 Connecticut Avenue, N.W.

Suite 840 Washington, D.C. 20036 Telephone: (202) 833-9730 Dated: April 7, 1983 6

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

, BEFORE THE ATOMIC LICENSING AND SAFETY APPEAL BOARD In the Matter of the Application of )

Public Service Company of Oklahoma, )

Associated Electric Ccoperative, Inc. ) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )

)

(Black Fox Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of MOTION TO DISMISS in the above-captioned proceeding were served upon the persons shown below 1

by deposit in the United States mail, first-class postage prepaid, this 4th day of January, 1983.

Allan S. Rosenthal, Esq. Mr. Frederick J. Shon Chairman .

Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel United States Nuclear Regulatory United States Nuclear Commission Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Sheldon J. Wolfe, Esquire Dr. W. Reed Johnson Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing

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Appeal Board Panel Board Panel United States Nuclear Regulatory United States Nuclear Commission .

Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Paul W. Purdom Docketing and Service Section Administrative-Judge Office of the Secretary of the United States' Nuclear Commission Regulatory Commission U. S.-Nuclear Regulatory c/o~ Environmental Studies Commission Group Washington, D.C. 20555

- Drexel University 32nd and Chestnut Streets Philadelphia, PA 19104

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Joseph R. Farris, Esquire Elaine I. Chan, Esquire

'Feldman, Hall, Franden, Office of the Executive Reed & Woodard Legal Director 816 Enterprise Building U. S. Nuclear Regulatory Tulsa, Oklahoma 74103 Commission Washington, D.C. 20555 Atomic Safety and Licensing Ms. Ilene H. Younghein Board Panel 3900 Cashion Place U. S. Nuclear Regulatory Oklahoma City, OK 73112 Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Mrs. Carrie Dickerson Citizens Action for Safe Energy, Inc.

P. O. Box 924 Claremore, Oklahoma 74107 Mr. Lawrence Burrell Route 1 - Box 197 Fairview, Oklahoma 73737 Ms. Sara J. Drake Office of the Attorney General State of Oklahoma 112 State Capitol Building Oklahoma City, Oklahoma 73105

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% s-Lisa C. Sty [es I