ML17250A327
| ML17250A327 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 06/12/1980 |
| From: | Grossman H Atomic Safety and Licensing Board Panel |
| To: | ROCHESTER COMMITTEE FOR SCIENTIFIC INFORMATION, ROCHESTER GAS & ELECTRIC CORP. |
| References | |
| NUDOCS 8006160104 | |
| Download: ML17250A327 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'A't'om'i'c'afet a'.id'i'c'e'ns'in' B'oa'rd Herbert Gros sman, Chairman Dr. Richard Cole, Member Dr. Emmeth 'A. Luebke,'ember OcKQEg UShtRC
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~acket~a~ g'~+/y Braochte vice In the Matter of ROCHESTER GAS AND ELECTRIC CORPORATION (R. E. Ginna Nuclear Power Plant, Unit No.
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Docket No. 50-244 OL ORDER'I'SMISSING INTERVENOR'CSI On Mmch 13, 1974, a document. entitled "Stipulation Terminating Proceeding as to the Rochester Committee for Scien-tific Information," dated March 12, 1974, was filed with the Board.
The 'stipulation was executed by,attorneys for the Appli-
- cant, Rochester Gas 6 Electric Corp.,
and Intervenor, the Rochester Committee for Scientific Information (RCSI),
and included an agreement by RCSI to withdraw its Petition to Inter-vene and Request for Hearing, apparently in return for a number of commitments made by the Applicant in the document.
Subsequently, on December 13, 1979, a different document with that same title and executed by the same parties, dated December 10,
- 1979, was served on the Board and parties.
The second document appeared to update the earlier one by relieving, the Applicant of certain of the earlier requirements, by indi-cating the Applicant's compliance with certain other requirements,
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and by continuing to bind those two parties to the March 12, 1974 stipulation.
Neither of the stipulations was accompanied by a motion requesting that the Board adopt the stipulation, presumably because such a motion might have been improper:
the matters agreed to by the parties had not been brought befoxe the Board and many appear to be outside of the scope of the proceeding.
The Board assumes that the earlier document was filed to notify the Board and the parties of the Intervenor's agreement to withdraw from the pro-ceeding and the basis for thewithdrawa'1.
Although the 'purpose for serving the later document is less cleax, the Board assumes that the purpose was to reaffirm that agreement to withdraw in view of the Board's never having formally approved the withdrawal.
On the 'understanding that the stipulations were presented to the Board for the purpose of indicating RCSI's agreement to withdraw and not also for the purpose of the Board's adopting and enforcing any of the other agreements contained therein, the Board approves the termination of RCSI's intervention.
Moreover, in furtherance of the Commission's policy to encourage the fair and reasonable settlement of contested issues (10 C.F.R.
g 2.759),
which appears to be consumated by the filed stipulations, the Board encourages the parties to continue to abide by their agreements.
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In the event the Board's understanding is not correc't, RCSI and the Applicant are given 14 days from the servicing of k
this Order to request a reconsideration of it.'Y ORDER OF THE BOARD FOR THE ATOMIC SAFETY:AND'"..:.
LICENSING BOARD er ert
- rossman, C airman Dated at Bethesda, Maryland this 12th day of June, 1980
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