ML19274E037
| ML19274E037 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 02/02/1979 |
| From: | Swanson D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7903070393 | |
| Download: ML19274E037 (5) | |
Text
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N [0 02/02/79
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hl.C P[ '1 4 no:Lu UNITED STATES OF AMERICA NUCLEAR REGULATORY COM'4ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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'PUGET 56UND POWER & LIGHT COMPANY, ET AL'.
Docket Nos. STN 50-522
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(Skagit Nuclear Power Project,
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Units 1 and 2)
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NRC POSITION ON EFFECT OF STATE OF WASHINGTON DETERMINATION OF NEED FOR POWER At the recent lawyers' conference held by this Licensing Board in the captioned proceeding, the Licensing Board requested the parties to submit briefs on the legal impact of the State of Washington's legis-lative determination that there exists a need for power in the State (Tr.ll499-501). The Licensing Board Chairman indicated that the legis-lative determination was identified in a letter from the Chairman of the Energy Facility Site Evaluation Council of the State of Washington (EFSEC) to the Licensing Board Chairman, dated December 12, 1978 (Id_.).
In its Post Conference Order, dated January 26, 1979, the Licensing Board also requested the parties to address executive, administrative and judicial determinations by the State of Washington regarding need for power, if any.
In our view, the State of Washington's legislative determination may only be considered as an indication of a need for power generally in the State of Washington but is not dispositive with respect to the need for the Skagit facility. The need for the Skagit facility with respect to need for power can only be based on the evidentiary record of this proceeding 7903070333
. The Appeal Board's which would include the views of all the parties.
recent decision in the Shearon Harris proceeding (ALAB-490) is supportive In that Decision the Appeal Board stated:
of the Staff's position.
... although the National Environmental Policy Act candates the power to be tSat this Commission ~ satisfy itself that generated by the nuclear facility under consideration will be needed, we do not read that statute as foreclosing the placement of heavy reliance upon the judgment of local f insur-
. regulatory bodies which are charged with the duty o ing that the utilities within their jurisdiction fulfill This is so the legal obligation to meet customer demands.
at least where, as here, the utilities commission not merely has spread on the record a detailed development of the reasons for its conclusion but, as well, has made avail-able for examination by the parties to our proceeding one of the principal participants in the load forecast under-taking.
(Shearon Harris Nuclear Power Plant, Units 1, Carolina Power & Licht Co.
The Appeal Board also 2, 3, and 4) ALAB-490, 8 NRC 234, 241 (1978).
(d)espite that such commissions might be expected to indicated that "...
possess considerable familiarity with the primary factors bearing upon present and future demand, they are no more entitled to be treated as infallible'than are other governmental agencies."
Id No information has yet been provided as to the bases or analysis that was Presumably, used to support the general conclusion as to need for power.
the State Attorney General's office vill provide this supporting infor-Furthermore, no information is available as to the mation in its brief.
extent to which the general conclusion applies to the need for the Skagit
. facility. Until there is evidence relating to the general determination to the Skagit facility, the importance of the general determination cannot be known. That matter must await the development of more infor-mation by the interested parties.
The Staff is unfamiliar with any State executive, administrative or judicial determinations on need for power.
Respectfully submitted, hc U b'M Daniel T. Swanson Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of February, 1979 e
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PUGET SOUND POWER & LIGHT
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Docket Nos. STN 50-522 COMPANY, ET AL.
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SIN 50-523
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(Skagit Nuclear Power Project,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC POSITION ON EFFECT OF STATE OF WASHINGTON DETERMINATION OF NEED FOR POWER" in the above-captioned pro-ceeding have been served on the following by deposit in the United States mial, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Cocmission's internal mail system, this 2nd day of February, 1979:
Valentine B. Deale, Esq., Chairman
- Robert C. Schofield, Director Atomic Safety and Licensing Board Skagit County Planning Department 1001 Connecticut Avenue, N.W.
120 W. Kincaid Street Washington, D. C.
20036 Mount Vernon, Washington 98273
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Dr. Frank F. Hooper, Member Roger M. Leed, Esq.
Atomic Safety and Licensing Board 1411 Fourth Avenue School of Natural Resources Seattle, Washington 98101 University of Michigan Ann Arbor, Michigan 48109 Mr. Nicholas D. Lewis Chairman Mr. Gustave A. Linenberger, Member
- Washington State Energy Facility Atomic Safety and Licensing Board Site Evaluation Council U.S. Nuclear Regulatory Commission 820 East Fifth Avenue Washington, D. C.
20555 Olympia, Washington 98504 Robert Lowenstein, Esq.
F. Theodore Thomsen, Esq.
Lowenstein, Newman, Reis Perkins, Cole, Stone, Olsen
& Axelrad
& Williams Suite 1214 1900 Washington Building 1025 Connecticut Avenue, N.W.
Seattle, Washington 98101 Washington, D.C.
20036 Richard D. Bach, Esq.
Mr. Lloyd K. Marbet Rives, Bonyhadi & Drum =ond c/o Forelaws on Board 1400 Public Service Building 19142 S. Bakers Ferry Road 920 S.W. 6th Avenue Boring, Oregon 970C9 Portland, Oregon 97204
. Richard M. Sandvik, Esq.
Thomas F. Carr, Esq.
State of Oregon Assistant Attorney General Department of Justice Temple of Justice 500 Pacific Building Olympia, Washington 98504 520 S.W. Yamhill Portland, Oregon 97204 Atomic Safety and Licensing Board Paael*
Canadian Consulate General U.S. Nuclear Regulatory Commission Robert Graham Washington, D.C.
20555 Vice-Consul 412 Plaza 600 Atomic Safety and Licensing Appeal 6th & Stewart Street Panel (5)*
Seattle, Washington 98101 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Donald W. Godard, Supervisor Siting and Regulation Docketing and Service Section (3)
Department of Energy Office of the Secretary Room 111, Labor and Industries U.S. Nuclear Regulatory Commission Building Washington, D.C.
20555 Salem, Oregon 97310 Donald S. Means Russell W. Busch, Esq.
Attorney for Swinomish Tribal Attorney for Upper Shagit Indian Community Tribe and Sauk-Suiattle Indian P. O. Box 277 Laconner, Washington 98257 Tribe Evergreen Legal Services
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520 Smith Tower Seattle, Washington 98104
%/' E Daniel T. Swanson Counsel for NRC Staff O