ML19259B665
| ML19259B665 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 02/05/1979 |
| From: | Cordaro W, Olmstead W, Walsh P LAKESHORE CITIZENS FOR SAFE ENERGY, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), WISCONSIN, STATE OF |
| To: | |
| Shared Package | |
| ML19259B664 | List: |
| References | |
| NUDOCS 7903130517 | |
| Download: ML19259B665 (8) | |
Text
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- r c-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before The Atomic Safety and Licensing Board In the Matter of
)
Docket No. 50-305
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Amendment to License WISCONSIN PUBLIC SERVICE CORPORATION
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No. DPR-43 Wisconsin Power and Light Company
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(Increase Spent Fuel Madison Gas and Electric Company
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Storage Capacity)
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(Kewaunee Nuclear Power Plant)
)
JOINT MOTION Pursuant to published notice by the Commission, Lakeshore Citizens for Safe Energy and Safe Haven, Ltd.
("Intervenors") filed a petition for leave to intervene in the above-captioned proceeding on the application of Wisconsin Public Service Corporation ("WPSC") for amendment of License No. DPR-43 to permit expansion of the spent fuel pool capacity at the Kewaunee Nuclear Plant.
Intervenors were admitted as parties by Order of 'the Licensing Board dated July 17, 1978.
No other petitions for leave to inter-vene were filed.
The sole parties to the proceeding are WPSC, Intervenors, and the NRC Regulatory Staff.
The State of Wisconsin, through the Wisconsin Department of Justice, was granted 1 cave to participate as an interested State pur-suant to 10 C.F.R. Section 2.715(c).
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'..f' WPSC, Intervenors, and the NRC Regulatory Staff b2Ve entered into a settlement Agreement, attached hereto, and Intervenors have agreed to withdraw as parties to this proceeding.
Accordingly, pursuant to said Agreement among the parties, and in accordance with the provisions of Section 2.759 of the Commission's Rules of Practice:
1.
Intervenors hereby request the Licensing Board for leave to withdraw as parties to this proceeding; and 2.
Intervenors, WPSC, the NRC Staff, and the State of Wisconsin hereby move the Licensing Board to enter an order approving the withdrawal of Intervenors as parties to this proceeding; and 3.
Intervenors, WPSC, the NRC Staff, and the State of Wisconsin move the Licensing Board, upon the entry of such an order approving Intervenors' withdrawal from this pro-ceeding, to enter an order dismissing this proceeding.
A Proposed Form of Order is attached hereto.
Respectfully submitted, Y
OdY
, 1979 LAKESHORE CITIZENS FOR SAFE ENERGY 1
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Willia ~m Cordaro', Agent of Record M.
30,, /97f, 1979 SAFE HAVEN, LTD.
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, 1979 WISCONSIN PUBLIC SERVICE CORPORATION By MO Steven E. Keane, Attorney for Wisconsin Public Service. Corporation b0tu%
f, 1979 NUCLEAR REGULATORY COMMISSION STAFF d
By h William J. OYmstead, Counsel for NRC Staff
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, 1979 STATE OF WISCONSIN f
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Patrick W. Walsh, Assistant Attorney General, State of Wisconsin e
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Uf ITED STATES OF AMERICA iUCLEAR REGULA10RY COR4ISSION BEFORE THE ATOMIC SAFETY AND LICEllSIf;G BOARD In the Matter of
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WISCONSIN PUBLIC SERVICE CORPORATION
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Docket No. 50-305 WISC0NSIll POWER AND LIGHT COMPANY
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Amendment to License r-AND
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tio. DPR-43 i
MADISON GAS AND ELECTRIC COMPANY
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(Increase Spent Fuel
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Storage Capacity)
(Kewaunee fluclear Power Plant)
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AGREEMENT BETWEEN flRC STAFF LAKESHORE CITIZEitS AND SAFE HAVEN, LTD.
Pursuant to 10 CFR 52.759 of the Commission's Rules of Practice, the NRC Staff, Lakeshore Citizens for Safe Energy (Lakeshore) and Saf:
Haven, Ltd. (Safe Haven), have entered into this agreement in order to secure a fair and reasonable settlement of the above-captioned proceeding between Wisconsin Public Service Corporation, the NRC Staff, Lakeshore, and Safe Haven. The NRC Staff, Lakeshore and Safe Haven agree as follows:
1.
The NRC Staff will on receipt, reproduce and mail a copy of the Licensee Event Reports (LERs), and the Licensee's monthly Operating Reports which concern'the Kewaunee facility. These documents will be mailed to:
Joan Estes 3314 Gass Lake Road Manitowoc, Wisconsin 54220 6
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2.
During the tena of this agreement, the NRC will inspect the spent fuel pool at least once every twelve months.
Copies of NRC inspection reports, excluding proprietary information, will be sent to Joan Estes as indicated in paragraph 1.
3.
Lakeshore and Safe Haven will enter whatever agreements with the other parties to this proceeding which may be necessary to settle the issues in controversy and shall take all reasonable steps to secure termination of said proceeding, including the filing of, or joinder in, appropriate motions before the Atomic Safety and Licensing Board to secure termination.
4.
This agreement shal' remain in effect until Lakeshore or Safe Haven informs the NRC it no longer wishes to receive the information referenced in paragraph 1.above or notifies the NRC that they have disbanded or otherwise ceased to er;ist.
1979 LAKESHORE CITIZENS FOR SAFE ENERGY By William Cordaro, Agent of Record 1979 SAFE HAVEN, LTD.
By
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1979 NUCLEAR REGULATORY COMMISSION STAFF
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By //
M" William J. Oimsteac Counsel for NRC Staff
. ;T-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before The Atomic Safety and Licensing Board In the Matter of
)
Dccket No. 50-305
)
Amendment to License WISCONSIN PUBLIC SERVICE CORPORATION
)
No. DPR-43 Wisconsin Power and Light Company
)
(Increase Spent Fuel Madison Gas and Electric Company
)
Storage Capacity)
)
(Kewaunee Nuclear Power Plant)
)
PROPOSED FORM OF ORDER In a joint motion dated
, 1979, Wisconsin Public Service Corporation ("WPSC"),' Citizens for Safe Energy and Safe Haven, Ltd. ("Intervenors"), the NRC Staff, and the State of Wisconsin moved this Board for an order approving the withdrawal of Intervenors from this pro-cceding in accordance with a settlement agreement entered into among Intervenors, TiPSC, and the NRC Regulatory Staff dated 1979.
All parties and participants, including Intervenors, having moved for the Board's acceptance of Intervenors' withdrawal, the Board accordingly accepts the withdrawal of Intervenors as parties to this proceeding.
In the same motion, all three parties and the State of Wisconsin moved the Board for an order dismissing this proceeding.
The withdrawal of the only intervenors
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removes both the need and the occasion for further evidentiary hearings in this proceeding.
There are no longer any matters which the parties wish to resolve in this proceeding and, consequently, there is no issue to be heard by the Board.
In addition, the Board is satisfied that the issues raised by the two Board questions posed in the Order dated October 11, 1978 have been adequately addressed in the submiss [ons of WPSC and the NRC Staff.
Dismissal of this proceeding is consistent with the Commission's requirements which do not contemplate a hearing on an application for an operating license, or an amendment thereto, in the absence of any matters in controversy, 10 C.F.R. Sections 2.104, 2.105, 50. 58 (b), and 50. 91, and is consistent with the general powers of the presiding officer in 10 C.F.R. Section 2.718.
Moreover, dismissal of a pro-ceeding pursuant to agreement of the" parties is consistent with the general policy of administrative law favoring harmonious settlement of cont'ested issues, and with the pro-visions of 10 C.F.R.
Section 2.759 which specifically en-courages the fair and reasonable settlement of outstanding issues in NRC licensing proceedings.
The joint motion to dismiss the proceeding will, therefore, be granted, and the proceeding before this Board will be terminated.
Accordingly, IT IS ORDERED, that the proceeding before this Board, noticed in the Board's " Notice of Hearing on Amendments to Facility Operating Licenses, and of Special Pre-Hearing Conference," dated December 17, 1977, 42 Fed.
Reg. 65335 (December 30, 1977), be, and it hereby is, dismissed.
ATOMIC SAFETY AND LICENSING BOARD e