ML19271A994
| ML19271A994 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 08/05/1980 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | DAIRYLAND POWER COOPERATIVE |
| References | |
| ISSUANCES-SC, NUDOCS 8008110493 | |
| Download: ML19271A994 (4) | |
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x LSQi ATOMIC SAFETY AND LICENSING BOARD N Charles Bechhoefer, Chairman Dr. George C. Anderson Ralph S. Decker In the Matter of DAIRYLAND POWER COOPERATIVE
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Docket No. 50-409-SC
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Prov. Op. Lic. DPR-45 (La Crosse Boiling Water Reactor)
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MEMORANDUM AND ORDER (August 5, 1980)
By order dated February 25, 1980, the NRC Staff directed Dairyland Power Cooperative (Licensee) to show cause why a site-dewatering system designed to prevent liquefaction in certain circumstances should not be developed and installed on a specified schedule.
That order was published in the Federal Register on March 3, 1980 (45 Fed. Reg. 13850), and it provided an opportunity for the Licensee and other interested persons to request a hearing.
The Licensee responded to the show-cause order by submitting a study which, it claimed, demonstrated that a dewatering system was not needed but requesting a hearing if the Staff disagreed.
Two other requests for a hearing have also been received.
- l. 67 B008110
. By order dated July 29, 1980, the Commission delegated to this Board the authority to consider and rule on the outstand-ing hearing requests (and to conduct the hearing if necessary).
Before making this ruling, we invite the Licensee and NRC Staff to' file responses to the two petitions now before us.
(No response to the Licensee's conditional request is warranted, inasmuch as, if the Staff should continue to believe that a dewatering system should be installed, the Licensee would have a right to a hearing under 10 CFR 82.202(c).)
Responses by the Licensee and NRC Staff should be filed by August 29, 1980.
A prehearing conference to consider the various hearing requests will tentatively be held during the week of September 8-12, 1980, in La Crosse, Wisconsin, at a time and place to be announced.
The Licensee, the NRC Staff, and the two petitioners for a hearing are directed to appe.ar at this conference.
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Because the Commission has specified in reasonably precise terms the general issues to be considered in this show-cause proceeding, and because the precise subissues which may be in contention depend to some degree on the position to be taken by the Staff on the Licensee's response to the show-cause order, it will not be necessary for the petitioners for a hearing to file supplements to their petitions, as provided by 10 CFR 92.714(b), prior to the prehearing conference.
They should be prepared, however, to discuss at the conference the matters which they believe should be litigated, taking into account the
. positions taken by the Licensee and NRC Staff.
We note that the time frame contemplated by the issues specified by the Commission will require that this proceeding be completed expeditiously.
FOR THE ATOMIC SAFETY AND LICENSING BOARD L [, f.1, Na, p /.t / v Charles Bechhoefer, ChIirman Dated at Bethesda, Maryland this 5th day of August 1980.
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Docket No. (s) 50-409 E
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CERTIFICATE OF SERVICE EL E
I hereby certify that I have this day served the foregoing document (s)
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accordance with the require =ents of Section 2.712 of 10 CFR Part 2-
[5 Rules of Practice, of the Nuclear Regulatory Co==ission's Rules and i[.
Regulations.
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Dated at Washington, D.C. this EE day of
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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DAIRYLAND POWER COOPERATIVE
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Docket No. (s) 50-409
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(Lacrosse Boiling Water Reactor)
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SERVICE LIST Charles Bechhoefer, Esq., Chairman James A. Williamson, Jr., Esq.
Atomic Safety and Licensing Board Kevin P. Gallen, Esq.
U.S. Nuclear Regulatory Commission Morgan, Lewis & Bockius Washington, D.C.
20555 1800 M Street, N.W.
Washington, D.C.
20036 Dr. George C. Anderson Department of Oceanography Fritz Schubert, Esq.
University of Washington Dairyland Power Cooperative Seattle, Washington 98195 2615 East Avenue South Lacrosse, Wisconsin 54601 Mr. Ralph S. Decker Route 4. Box 190D Mr. Frederick M. Olsen, III Cambridge, Maryland 21613 609 North lith Street Lacrosse, Wisconsin 54601 Counsel for NRC Staff Office of the Executive Legal Director Ms. Ann Morse U.S. Nuclear Regulatory Commission Coulee Region Energy Coalition Washington, D.C.
20555 P.O. Box 1583 Lacrosse, Wisconsin 54601 0.S. Hiestand, Jr., Esq.
George L. Edgar, Esq.
Morgan, Lewis & Bockius 1800 M Street, N.W.
Washington, D.C.
20036 7