ML20151T473

Order Dismissing Proceeding.* Licensee Withdrew Petition Re Proposed Amend to Tech Specs Re MSIV Leakage Control Sys. Proceedings Terminated by Board Upon Participant Agreement W/Course of Action.Served on 880426

ML20151T473
Person / Time
Site:	Perry
Issue date:	04/26/1988
From:	Carpenter J, Linenberger G, Margulies M Atomic Safety and Licensing Board Panel
To:
References
CON-#288-6157 88-562-02-LA, 88-562-2-LA, OLA, NUDOCS 8804290035
Download: ML20151T473 (3)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: h0cYfth'M'h'r,Ify y

Morton B. Margulies, Chainnan James H. Carpenter Gustave A. Linenberger, Jr.

SERVED APR 2619%

In the Matter of Docket No. 50-440-OLA

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THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, ET AL. (ASLBP No. 88-562-02-LA)

(Perry Nuclear Power Plant.

Units 1and2) April 26, 1988 ORDER DISMISSING PROCEEDING On September 18, 1987, Licensees filed an application for amendment of the Facility Operating License for operation of the Perry Nuclear Power Plant, Unit No. I to (1) delete Technical Specifications relating to the Pain Steam Isolation Valve Leakage Control System (MSIVLCS) and (2) revise the leakage criteria for primary containment allowable leakage through the main steam lines.

On January 7, 1988 Ohio Citizens for Responsible Energy, pursuant to Federal Register notice, filed a petition to intervene and requested a formal adjudicatory hearing. Its interest only extended to the first of the amendments which would delete the Technical Specifications pertaining to the MSIVLCS. This Board was appointed on January 28, 1988 to preside in the matter.

8804290035 880426 DR ADOCK 050 0 y f

2 By letter of March 11, 1988, for reasons specified, the Nuclear Regulatory Comission Staff notified Licensees that the proposed license amenament was not acceptable to the Staff. On March 16, 1988 the Board inquired of the participants in the proceeding regarding their willingnets to proceed in light of the Staff's position.

In a letter dated April 18, 1988, Licensees' counsel advised that Licensees had withdrawn that part of the app'ication pertaining to the 14SIVLCS Technical Specifications. Counsel fucther requested that as a consequence the Board should terminate the proceeding. He stated that the NRC Staff and Ohio Citizens for Responsible Energy agree to that course of action.

The issue before this Board in the proceeding was to consider the proposed amendment of the Technical Specifications pertaining to the MSIVLCS. With the withdrawal of the proposed amendment, without objection by the other participants, there is no longer a justiciable issue in the proceeding before the Board. Therefore, the Board orders that the proceeding be dismissed.

3 IT IS SO ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD orton . .a'rguli(4, Chainnan ADMINISTRATIVE LAW JUDGE J

A ILdA-s H. Carpenter INISTRATIVE JUDGE [/

<+, oe e--Gdstave A. Linenbstfer, Jr.

ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 26th day of April, 1988.