ML19257C367

Motion by CA Energy Commission to Terminate Action Re ASLB 791219 Referral of Board Ruling Rejecting Emergency Planning Issue.Proposes Withdrawal of Issue Due to Commencement of Proposed Rulemaking.W/Certificate of Svc

ML19257C367
Person / Time
Site:	Rancho Seco
Issue date:	01/14/1980
From:	Ellison C, Lanpher L CALIFORNIA, STATE OF
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8001280493
Download: ML19257C367 (5)

Text

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NUCLEAR REGULATORY COMMISSION

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.,_. ',A' BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD y

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In the Matter of

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SACRAMENTO MUNICIPAL UTILITY DISTRICT

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Docket No. 50-312 (SP)

)

(Rancho Seco Nuclear Generating Station) )

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MOTION OF THE CALIFORNIA ENERGY COMMISSION TO TERMINATE ACTION ON REFERRAL By its Order Accepting Referral, dated December 19, 1979,

(" Order"), this Board accepted the referral of the Licensing Board's ruling that rejected the proposed issue on emergency planning of the California Energy Commission (" CEC").

In the Order, this Board specifically requested the parties to address the relevancy of the recent proposed rulemaking on emergency planning.

See Order, pg.

2.

After consideration of the Order and a review of the proposed rulemaking, the CEC, for the reasons set forth hereafter, now requests this Board to terminate action on the referred issue.

In August 1979, when the CEC submitted the energency planning issue to the Licensing Board, the Nuclear Regulatory Commission

("NRC") had not taken new steps to upgrade the emergency response capabilities of licensed facilities.

In that context, we urged strongly that the issue was within the Licensing Board's juris-diction and that the Doualas Point line of cases was inapplicable.

After the Licensing Board ruled against the CEC on the Douglas Point issue, we sought this referral.

Other parties supported 1819 232 3 oo,,, g qq 3

. referral of the Licensing Board's ruling that this issue was within the scope of the Licensing Board's jurisdiction absent the Douglas Point rule.

Since that time, on Decmber 19, 1979, the NRC commenced a proposed rulemaking on emergency planning and scheduled various regional meetings, including a meeting in San Francisco on January 17, 1980, to obtain comments from interested state and local agencies.

In light of this new develop-ment, CEC now proposes to withdraw the emergency planning issue, subject to the right to resubmit this issue in the event that the SRC does not proceed with the new rulemaking proceeding.

While we continue to believe that the Douglas Point rationale would not preclude Licensing Board jurisdiction over this issue, we also believe that the specific facts before us do not require that we now press this matter further.

Accordingly, we request that this Board terminate the referral proceeding.

Respectfully submitted, CALIFORNIA ENERGY COMMISSION A*vtL Christopner Ellison Lawrence Coe Lanpher Attorneys for the California Energy January 14, 1980 Commission 1819 233

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of

)

)

SACRAMENTO MUNICIPAL UTILITY DISTRICT

) Docket No. 50-312 (SP)

)

(Rancho Seco Nuclear Generating Station)

)

)

)

CERTIFICATE OF SERVICE I hereby certify that a copy of the " Motion of the California Energy Commission to Terminate Action on Referral" was served this 14th day of January,1980, upon the persons identified on the attached Service List by deposit in the U.S. mails, first class, postage prepaid.

h Lawrence Coe Lanpher' HILL, CHRISTOPHER AND PHILLIPS, P.C.

1900 M Street, N.W.

Washington, D.C.

20036 (202) 452-7011 Attorney for the California Energy Commission 1819 234

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of

)

)

SACRAMENTO MUNICIPAL UTILITY DISTRICT

) Docket No. 50-312 (SP)

)

(Rancho Seco Nuclear Generating Station)

)

)

SERVICE LIST Elizabeth S.

Bowers, Esquire Gary Hursh, Esquire Chairwoman Suite 700 Atomic Safety and Licensing Board 520 Capitol Mall U.S. Nuclear Regulatory Commission Sacramento, California 95814 Washington, D.C.

20555 Ric'ard F.

Cole Mr. Richard D.

Castro Dr.

a Atomic Safety and Licensing Board 2231 K Street Panel Sacramento, California 95816 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Mr. Frederick J. Shon James S.

Reed, Esquire Atomic Safety and Licensing Board Michael H.

Remy, Esquire Panel Reed, Samuel & Remy U.S.

Nuclear Regulatory Commission 717 K Street, Suite 405 Washington, D.C.

20555 Sacramento, California 95814 David S.

Kaplan, Esquire Christopher Ellison, Esquire Secretary and General Counsel California Energy Commission Sacramento Municipal Utility 1111 Howe Avenue District Sacramento, California 95825 P.O. Box 15830 Sacramento, California 95813 Stephen H.

Lewis, Esquire Thomas A. Baxter, Esquire Richard K. Hoefling, Esquire Lex K. Larson, Esquire Office of the Executive Legal Matias F.

Travieso-Diaz, Esquire Director Shaw, Pittman, Potts'& Trowbridge U.S. Nuclear Regulatory Commission 1800 M Street, N.W.

Washington, D.C.

20555 Washington, D.C.

20036 1819 235

.. Atomic Safety and Licensing Atomic Safety and Licensing Board Board Appeal Panel Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Richard S. Salzman, Esquire Dr. John H. Buck Chairman Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Docketing and Service Station Thomas S. Moore Office of the Secretary Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Commission Board Washington, D.

C.

20555 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 1819 236