ML19260A908
| ML19260A908 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 11/16/1979 |
| From: | Grossman H Atomic Safety and Licensing Board Panel |
| To: | GEORGIANS AGAINST NUCLEAR ENERGY |
| References | |
| NUDOCS 7912060120 | |
| Download: ML19260A908 (2) | |
Text
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UNITED STATES OF AMERICA
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NUCLEAR" REGULATORY COMMISSION 3
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Atomic Safety and Licensing Board 3
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Herbert Grossman, Chairman eg:;gl$TE Glenn O. Bright, Member
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Richard F. Cole, Member y'/
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- In the Matter of
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Docket Nos. 50-321 and 50-3G6 GEORGIA POWER COMPANY
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(Edwin I. Hatch Nuclear Plant,
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(Spent Fuel Expansion)
Units 1 and 2)
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ORDER DISMISSING PROCEEDING In a conference call on November 1, 1979 with a member of the Licensing Board, the NRC staff's attorney and the licensee's attorney, and confirmed by a letter dated November 2,1979, the attorney for the petitioner, Georgians Against Nuclear Energy (GANE), withdrew its Petition for Leave to Intervene, for the expressed purpose of terminating GANE's participation in this pro-ceeding.
Petitioner's attorney indicated his understanding that the withdrawal of GANE, the sole petitioner, would terminate the proceeding before the Board, although not the staff's continuing review of the safety matters implicit in the proposed amendment of operating license.
The withdrawal of the only petitioner removes both the need and the occasion for evidentiary hearings in this proceeding.
There are no longer any =atters which the parties wish to resolve in this proceeding and, consecuently, there is no i sue to be heard 1$10134 by the Board.
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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.or any requests for hearing by interested persons, 10 C.F.R. 5s2.104, 2.105, 2.714, 50.58(b), and 50.91, and is consistent with the general powers of the presiding officer in 10 C.F.R. 52.718.
Moreover, dismissal of a proceeding pursuant to agreement of the parties is consistent with the general policy of administrative law favoring harmonious settlement of contested issues, and with the provisions of 10 C.F.R.
S2.759, which specifically encourages the fair and reasonable settlement of NRC licensing proceedings.
IT IS ORDERED that petitioner GANE's request to withdraw its petition to intervene be granted.
There being no outstanding p'etitions to intervene or requests for hearing, IT IS FURTHER ORDERED that this proceeding, which was begun with the establishment of the Atomic Safety and Licensing Board on Sept. 27, 1979, as published at 44 Fed. Reg. 57541 (Oct. 5, 1979), is hereby dismissed.
Board members Glenn O. Bright and Richard F. Cole c oncur in this Order.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
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Herbert Grossman, Chairman
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dated at Bethesda, Maryland s
CD N{N this 16th day of November, 1979 c