ML19210B775
| ML19210B775 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 10/16/1979 |
| From: | Gallen K, Heistand O, Hiestand O DAIRYLAND POWER COOPERATIVE, MORGAN, LEWIS & BOCKIUS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911120314 | |
| Download: ML19210B775 (5) | |
Text
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5lX*O 7 UNITED STATES OF AMERICA M
A yf ff NUCLEAR REGULATORY COMMISSION W-O N
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In the Matter of
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Docket No. 50-409
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Amendment to DAIRYLAND POWER COOPERATIVE
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Provisional Operating
)
License No. DPR-45 (La Crosse Boili.ng Water Reactor)
)
(Spent Fuel Pool)
APPLICANT'S PROPOSED CONCLUSIONS OF LAW AND PROPOSED FORM OF ORDER Pursuant to 10 C.F.R. 5 2.754, Dairyland Power Cooperative, the Applicant for an amendment to Provisional Operating License No. DPR-45 in the above-referenced proceeding, hereby submits its proposed conclusions of law and proposed form of order, as follows:
CONCLUSIONS OF LAW Based upon its evaluation of the Staff's Safety Evaluation and Environmental Impact Appraisal, the Licensee's safety evaluation, the affidavits submitted in connection with the summary disposition motions, the written testimony of all of the witnesses, as well as the answers elicited from these witnesses in response to questions of the Board and the parties, the Board makes the following conclu-sions of law:
1.
There is reasonable assurance that the activities authorized by the requested operating license amendment relating to the expansion of the spent fuel storage pool capacity at the La Crosse Boiling Water Reactor can be conducted without endangering the health and safety of the public; a.1
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The activities authorized by the operating license amendment will be conducted in compliance with the Commission's regula-tions; 3.
The issuance of the license amendment will not be inimical to the common de-fense and security or to the health and safety of the public; and 4.
The issuance of the license amendment is not a major Commission action signifi-cantly affecting the quality of the human environment and does not require the preparation of an environmental impact statement under the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321, et seq.,
and Part 51 of the Commission's regulations, 10 C.F.R. Part 51.
FORM OF ORDER Wherefore, the Board having considered and decided all matters in controversy among the parties and having satisfied its own concerns with respect to other issues in this proceeding, it is ORDERED, in accordance with the Atomic Energy Act, as amended, and the regulations of the Nuclear Regulatory Commission, that the Director of Nuclear Reactor Regulation is authorized to make appropriate findings in accordance with the Commission's regula -ions and to issue a license amendment authorizing the re-quested expansion of the spent fuel storage pool capacity at the La Crosse Boiling Water Reactor.
It is further ORDERED, in accordance with 10 C.F.R. 2.760, 2.762, 2.764, 2.785, and 2.786, that this Initial Decision shall be effective immediately and shall constitute the final action of the Com-mission forty-five (45) days after the issuance thereof, subj ect to any review pursuant to the above-cited Rules of Practice.
Exceptions to th'.s Initial Decision may be filed within ten (10) days after service of this Initial Decision.
A brief in support of the exceptions shall be
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-3 filed within thirty (30) days thereafter (forty (40) days in the case of the NRC Staff).
Within thirty (30) days of the filing and service of the brief of the Appellant (forty (40) days in the case of the NRC Staff), any other party may file a brief in support of, or in opposition to, the exceptions.
IS SO ORDERED.
Respectfully submitted,
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Attorney for Dairyland Power Cooperative OF COUNSEL Kevin P. Gallen Morgan, Lewis & Bockius 1800 M Street, N.W.
Washington, D.C.
20036 Dated:
Octobe:- 16, 1979
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
Docket No. 50-409
)
Amendment to DAIRYLAND POWER COOPERATIVE
)
Provisional Operating
)
License No. DPR-45 (La Crosse Boiling Water Reactor)
)
CERTIFICATE OF SERVICE Service has on this day been effected by personal delivery or first class mail on the following persons:
Charles Bechhoefer, Esq., Chrm.
Docketing & Service Section Atomic Safety and Licensing Office of the Secretary Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Atomic Safety and Licensing Mr. Ralph S. Decker Board Panel Route 4 U.S. Nuclear Regulatory Box 190D Commission Cambridge, Maryland 21613 Washington, D.C.
20555 Dr. George C. Anderson Atomic Safety and Licensing Department of Oceanography Appeal Board University of Washington U.S. Nuclear Regulatory Seattle, Washington 98195 Commission Washington, D.C.
20555
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-2 Colleen Woodhead, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard Shimshak Plant Superintendent Dairyland Power Cooperative La Crosse Boiling Water Reactor Genoa, Wisconsin 54632 Fritz Schubert, Esquire Staff Attorney Dairyland Power Cooperative 2615 East Avenue, South La Crosse, Wisconsin 54601 Coulee Region Energy Coalition P. O. Box 1583 La Crosse, Wisconsin 54601 Attn:
Anne Morse Robert H. Owen, Jr., Esquire 2327 Willard Avenue Madison, Wisconsin 53704 5
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0 S. Hiestand Dated:
October 16, 1979 l 3 } 3
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