ML20094C234

Motion to Terminate Proceeding Based on ML Slade 840724 Withdrawal of Outstanding Contentions.No Contentions Remain to Be Heard or Decided.Proceeding Should Be Terminated. Certificate of Svc Encl

ML20094C234
Person / Time
Site:	Ginna
Issue date:	08/03/1984
From:	Voigt H LEBOEUF, LAMB, LEIBY & MACRAE, ROCHESTER GAS & ELECTRIC CORP.
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8408070420
Download: ML20094C234 (5)

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NUCLEAR REGULATORY COMMISSION' b BEFORE THE ATOMIC SAFETY AND LICENSING BOARD m, n; t u:  ;

In the Matter of )

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nocuRSTER GA5 AND ELECTRIC )

'8! ISO-6 P2:37 CORPORATION ) Docket No. 50- 244._OL

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(R.E. Ginna Nuclear Power ) ' hdf' C' 'lN," K ,

Station, Unit No. 1) )  ;

NOTION TO TERMINATE PROCEEDING ,

By a pleading dated July 24, 1984, intervenor Michael L.  !

Slade withdrew all of his outstanding contentions in enis i

proceeding. Because there are now no contentions to be heard f or decided in this proceeding, Rochester Gas & Electric Corporation (" Applicant") hereby requests that it be terminated.

To date, there have been two intervenors admitted in this proceeding. Michael L. Slade was admitted as an intervenor pursuant to the Atomic safety and Licensing Board's order of June 8, 1973. The Rochester Committee for Scientific Inforestion ("RC51") was admitted as an intervenor pursuant to the Licensing Board's order of August 8, 1973. The Licensing Board also granted t;he petition of the State of New York, l originally acting through its Atomic Energy Council, to 'l ,

participate in this proceeding as an interested state, pursuant to 10 C.F.R. $2.715(c). ggg Licensing Board Order, June 8, 1973.y y This status was subsequently confirmed by the Licensing i Board's Order of March 25, 1977, and most recently by the j Licensing Board's Memorandum of January 13, 1984. >

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2-In the spring of 1974, Applicant and RSCI reached an agreement that addressed several of the concerns of RCSI. On March 12, 1974, Applicant and RCSI filed a " Stipulation Terminating Proceeding as to the Rochester Committee for Scientific Information." The stipulation expressly reserved RCSI's right to make a limited appearance pursuant to 10 C.F.R.

S2.715(a). The terms of the stipulation have been satisfied.

As a result of the stipulation between Applicant and RCSI, Michael Slade became the sole intervenor in this proceeding.

-See Licensing Board's order of March 25, 1977, r. ing that v

"[1]n the? Board's view ... the only contentions presently being

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asserted are those stated in the Intervenor's [Slade's] written

.m agreement with the Regulatory Staff. All other contentions are

, y deemed to be withdrawn " Id."af,[1.,

s Michael Slade remained the sole intervenor when no new petitions for intervention were received pursuant to the Licedsing Board's Order of December 2, 1983, permittNg the ' filing bf additional petitions to s

intervene. k,oriover, Slade. did not submit any new or revised S ^

contentions pur'suant to :t.se' r.ic~ensing Board's' Order of March e ..

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' D U) 1984. -

-r On July 24, 1984, Mici$iicd-Slade withdrew all of his

.. [ ,$ut(tanding contentions,'th'ereby eliminating all admitted 4

a'.7 .c'ontentions in this proceeding. The State of New York remains v . wt ; A . , -

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as a' participant in thTfs grdceiding, buttonly as an interested i., _.

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state,-not as a party. , compare 10 C.F.R. S2.714 with d.

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S2.715. '

It has never filed any contentions,.and it has no Y. .: c .

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3-right to do so. Therefore, there are no contentions, and there is no reason to hold a hearing.

WHEREFORE, Applicant requests that the Licensing Board terminate this proceeding.

Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By dN*r4 f Af/

(Partner ~ g Of Counsel: 1333 New Hampshire Avenue, N.W.

Suite 1100 WILLIAM C. MARCOUX Washington, D.C. 20036 PAUL H. FALON (202) 457-7500 August 3, 1984 Attorneys for Rochester Gas and Electric Corporation i

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UNITED STATES OF AMERICA i.' '

NUCLEAR REGULATORY COMMISSION J.

BEFORE THE ATOMIC SAFETY AND LICENSING BOARDN;cr-

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In'the Matter of )

) 'gj Ib0 ~6 P2:37 ROCHESTER GAS AND ELECTRIC CORPORATION ) Docket No. 50-244

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(R.E. Ginna Nuclear Power Plant, )

Office cr c; c{.MEQgi3 py Unit No. 1) )

"D CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION TO TERMINATE PROCEEDING"

'in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this third day of August, 1984.

Herbert Grossman, Esq., Chairman Mr. Michael L. Slade Administrative Judge 12 Trailwood Circle Atomic Safety and Licensing Board Rochester, NY 14618 U.S. Nuclear Regulatory Commission

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Washington, DC 20555 Ezra Bialik Assistant Attorney

.Dr. Richard F. Cole General ,

Administrative Judge Environmental Protection Atomic. Safety and. Licensing Board Bureau U.S. Nuclear Regulatory Commission New York State Department Washington, DC 20555 of Law 2 World Trade Center Dr. Emmeth A. Luebke New York, NY 10047 Administrative Judge Atomic Safety and Licensing Board Mr.-Robert N. Pinkney U.S. Nuclear Regulatory Commission Supervisor Washington, DC 20555 Town of Ontario 107 Ridge Road West Mitzi A. Young, Esq. Ontario, NY 14519 Mary E. Wagner, Esq.

' Counsel for NRC Staff Stanley B. Klimberg, Esq.

-U.S. Nuclear Regulatory Commission General Counsel Washington, DC 20555 Jay Dunkleberger New York State Energy Office Agency Building 2 Empire State Building Albany, NY 12223 E

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Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Mr. Roger W. Kober Docketing & Service Section I Vice President Office of the Secretary Electric and Steam Production U.S. Nuclear Regulatory Rochester Gas and Electric Commission Corporation Washington, DC 20555 89 East Avenue Rochester, NY 14649 AArk / A/

HarryHf'Voigt (

Counsel for Applicant i

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