ML20062F994
| ML20062F994 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/02/1978 |
| From: | Early P POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML100271758 | List: |
| References | |
| NUDOCS 7812260019 | |
| Download: ML20062F994 (2) | |
Text
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POWER AUTHORITY OF THE STATE OF NEW YORK 10 Cot.uMaus CIRC 1.E NEW YCRK, N. Y.10019 (212) ss7-e2co a:OR o,s,,v;,gR,n, y rausrrrs rRsOcnicx R. etARx
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in GEORCE L. INGALLS MAmAosa maa.
vics cwasmuAss counsn RICHARD M. FCYNN AsseTAM ommemak ROSENT L MILLON11 JOHN W.SOsTOM es eo Wii LIAM F. LUCDY
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August 2, 1978 g cu, p
Mr. Harold R. Denton 4 <}-
o Director
. lb U.S. Nuclear Regulatory 3
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g Commission Office of Nuclear Reactor 6
Regulation g
Washington, D.C. 20555
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RE: Power Authority of the State of New York (Indian Point Station, Unit No. 3), NRC Docket No. 50-286
Dear Mr. Denton:
The Power Authority of the State of New York, holder of Facility Operating License No. DPR-64, pursuant to 10 CFR 550.30 (1977), encloses herewith for filing three (3) signed originals, and nineteen (19) copies of a document entitled " Application for an Extension of the Period of Interim Operation Using the Installed Once-Through Cooling System and Motion for Expedited Ccmmission Consideration", dated Aug,ust 1, 1978.
Also enclosed are an original and twenty (20) copies of an affidavit in support of this Application executed by Paul J. Early, Assistant Chief Engineer-Projects of the Power Authority, dated August 1, 1978.
This Application requests, pursuant to 12.E.(1) of the License, an extension of the period of interim operation of Indian Point 3 using the installed once-through cooling system, pending a final determination of cooling system issued by EPA or the appr.o-priate state agency (including judicial review, if any) under the Clean Water Act, and subject to the ccmpliance schedule, if any, that may be imposed in or pursuant to that determination.
This Application also requests expedited consideration by the Commission.
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Because this Application seeks essentially a legal deter-mination in light of S511(c) (2) of the clean Water Act, no fee is required.
In the alternatIive, the Power Authority is enti-tied to an exemption from the Commission's fee schedule under 10 CFR S170.11(b) (1) (1977), and requests that the Commission so determine.
Subject to the Commission's decision in this respect, however, and in the interest of avoiding any delay in i
the processing of this Application, the Authority is enclosing a check in the amount of $1,200 to cover the fee prescribed for i
a Class II amendment of an operating license, pursuant to SS170.12 (c) and 170.22.
In this regard, the Power Authority notes that the Application is based on a question of law which requires action by the commission on a " pro forma" basis within the meaning of tha fee schedule.
An agency may not charge a regulated entity a fee for a determination of that agency's jurisdiction, which is the subject matter of this Application.
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l In addition, the proposed action involves no matters of safety, s
and no matters of environmental significance that have not previously been fully reviewed.
A certificate'of service'is enclosed, i'
Very truly yours, PCWER AUTHORITY OF THE STATE OF NEW YORK i
By
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Encs.
cc: Mr. Samuel J. Chilk Samuel W. Jen'sch, Esq.
Mr. R. Beecher Briggs Dr. Franklin C. Daiber Atomic Safety and Licensing Appeal Panel i
Hon. George V. Begany j
Sarah Chasis, Esq.
i Jeffrey Cohen, Esq.
Steven H. Lewis, Esq.
Howard L. Shapar, Esq.
l Paul S. Shemin, Esq.
Hendrick Hudson Free Library l
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