ML19254D999
| ML19254D999 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 09/27/1979 |
| From: | Furbush M, Locke R, Morrissey J PACIFIC GAS & ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19254E000 | List: |
| References | |
| NUDOCS 7910300433 | |
| Download: ML19254D999 (5) | |
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?UBLIC DOCUMEE ROOMI
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k UNITED STATES OF AMERICA 4
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 3
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Matter of
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Docket No. 50-133 PACIFIC GAS AND ELECTRIC COMPANY
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License No. DPR-7
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(Humboldt Bay Power Flant, Unit No. 3)
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MOTION TO HOLD PROCEEDINGS IN ABEYANCE Pursuant to the provisions of 10 C.F.R. 2.711 (al,
Pacific Gas and Electric Company (PGandE) hereby requests that all further proceedings in this matter be stayed and held in abeyance fvr an additional period of twelve (12)' months to and including October 1, 1980.
On June 9, 1977, the Nuclear Regulatory Commission (NRC) issued a Notice of Proposed Issuance of Amendment to Facility
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Operating License regarding the above-captioned proceeding (42 Fed. Reg. 31847, June 23, 1977).
The Notice provided that any person whose interest might be affected by the proceedings could file a petition to intervene no later than July 25, 1977.
Two petitions f)r leave 'o intervene were thereafter filed in this proceeding.1/
While these petitions for intervention
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The Petition of Thomas K.
Collins, Dr. Elmont Honea, Frederick P. Cranston, Wesley Chesbro, Demetrios L. Mitsanas and the Six Rivers Branch of Friends of the Earth was filed on or about July 20, 1977.
The Petition of the Sierra Club was filed on or about August 16, 1977.
Responses to these petitions were filed by the NRC Staff on August 26, 1977.
PGandE responded to both petitions on October 14, 1977.
1236 083 791ea co +3 3
e were under consideration, PGandE filed a Motion To Hold Proceedings In Abeyr?ce on March 24, 1978.
In that motion, PGandE requested an additional nine months' time to perform certain geological and other work which it proposed to do in connection with its amendment.
PGandE indicated in that motion that, at that time, it felt that it would be in a position to proceed in the matter at the expira-tion of this period.
Thereafter, on May 16, 1978, the Licensing Board, which had been constituted to hear the Petitions for Intervention, issued an order (1) denying without prejudice PGandE's Motion To Hold Troceedings In Abeyance and (2) granting the Petitions for Intervention.
In that order, the Lisensing Board observed that its function was merely to rule on the Petitions for Intervention and that once another Licensing Board had been appointed to hear the case, PGandE cculd, if it wished, renew its Motion To Hold In Ab yance.
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No further action was taken in the matter until a newly constituted Licensing Board, which had been appointed to hear and decide the case, issued an order on January 11, 1979, requiring PGandE and the Regulatory Staff to submit by February 2,
- 1979, their written responses to any of the filed contentions which tha parties believed should not be admitted as issues in the pro-ceeding.
On January 26, 1979, PGandE renewed its Motion To Hold Proceedings In Abeyance until October 1,
'979, in order for it to conduct further geologic and seismic ir"estigations and analyses.
At that time, PGandE contemplated that the additional time sought 1230 004 n
s would be sufficient to complete these tasks.
By Order dated May 7, 1979, the Motion was granted upon the condition that 60-day reports of the current status of the ongoing geologic investi-gations be made.
Since that time two Status Reports have been furnished to the Board outlining the progress of the additional geologic and seismic investigations.
However, the work has not progressed on the originally contemplated schedule.
Indeed, during the investigations, it has become apparent that additional work is necessary in order to resolve the issues identified by the NRC Staff.
The scope of that additional work together with a proposed schedule was has been furnished to PGandE by its consultant, Woodward-Clyde Consultants (WCC) (a copy of which is attached to this Motion).
According to the WCC program, the additional I
investigations will take at least 12 months (assuming a September
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15, 1979, s, tarting date).
As part of that additional work program, which PGandE has directed WCC to proceed with forthwith, PGandE proposes to continue with the 60-day Status Reports on the progress of the work.
pGandE believes that holding these proceedings in abeyance for this additional period of time is warranted since it would allow for more comprehensive knowledge of the geologic and seismic issues involved.
Finally, since the plant is not currently in operation (and cannot be placed in operation without NRC approval), no prejudice can result to any of the other interested parties, including the intervenors, ir the Motion is granted.
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For the foregoing reasons, PGandE requests that the Motion be granted.
Respectfully submitted, JOHN C.
MORRISSEY MALCOLM H.
FURBUSH PHILIP A. CRANE, JR.
RICHARD F.
LOCKE By /
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' RICHARD F.
LOCKE Counsel for PACIFIC GAS AND ELECTRIC COMPANY 77 Beale Street, 31st Floor San Francisco, California 94106 Telephone:
(415) 781-4211 DATED:
September 27, 1979
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1236 086 - - - -..
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Mat *cr of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket No. 50-133
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License No. DPR-7 (Humboldt Bay Power Plant, Unit No. 3) )
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CERTIFICATE OF SERVICE The foregoing document of Pacific Gas and Electric Company has been served today on the following by deposit in the United States mail, properly stamped and addressed:
Linda J. Brown, Esq.
- Edward Luton, Esq., Chairman 100 Van Ness Avenue, 19th Floor Atomic Safety and Licensing Board San Francisco California 94102 Panel U.S. Nuclear Regulatory Commission
- Barry Smith, Esq.
Washington, D.C.
20555 Office of Executive Legal Director Mr. Gustave A. Linenberger, Member BETH 042 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Panel Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 washington, D.C.
.,20555
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4
- Secret'ary Dr. David R. Schink U.S. Nuclear Regulatory Department of Oceanography Commission Texas A & M University Washington, D.C.
20555 College Station, Texas 77840 Attn:
Docketing and Service Section Michael R.
Sherwood, Esq.
Sierra Club Legal Defense Fund, Inc.
311 California Street, Suite 311 San Francisco, California 94104 Dated:
September 27, 1979 g,/
L.
RICHARD F.
LOCKE Attorney Pacific Gas and Electric Company
- Express Mail 1236 087
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