ML19274F798

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Orders Parties to Amend Petitions to Intervene to State How Interests Are Affected by NRC 790507 Order.Each Petitioner Must Set Forth Contentions.Aslb Will Hold 790801 Prehearing Conference to Consider Requests
ML19274F798
Person / Time
Site: Rancho Seco
Issue date: 07/03/1979
From: Glaser M
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7908030551
Download: ML19274F798 (3)


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k UNITED STATES OF AMERICA 3 fD b C

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Offic, of m* Seretary NUCLEAR REGULATORY COMMISSION 6

4 M PUBLIC DOCU3ENT ROOM C'

In the Matter of:

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SACRAMENTO MUNICIPAL UTILITY DISTRICT

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Docket No. 50-312

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Rancho Seco Nuclear Generating Station

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ORDER FOR FILING OF AMENDED AND SUPPLEMENTED REQUESTS FOR AND NOTICE OF PREHEARING CONFERENCE

's By a confirmatory Order, dated May 7,1979,. the Nuclear Regulatory Commission directed that the Rancho Seco ~ facility, licensed to the Sacramento Municipal Utility District, then in a shut-down condition, should remain shut down until certain actions specified in the Order were satisfactorily completed, as confirmed by the Director, Office of Nuclear Reactor ReguIation.

The Order also directed the licensee

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to accomplish as promptly as practicable the long-term modifications.

set forth in Section II of the Order.

The Order stated further:

4 "Within twenty (20) days of the date of this Order, the licensee or any person whose inter--

est may be affected by this Order may request a hearing with respect to this Order.

Any such request shall not stay the immediate effectiveness of this Order."

Requests for a hearing were received from E*riends of the Earth, the EnvironmentalCouncil of Sacramento and Original SMUD Ratepayers Association and from members of the Board of Di t

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mento Municipal Utility District.

6 By Order dated June 21, 1979, the Coc=tission directed the Chair-man of the Atomic Safety and Licensing Board Panel to select a Licens-ing Board to determine whether the requests for hearing meet the requi-1/

site personal interest test for intervention -

and to conduct any 790803055I O

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See, Section 2.714 of the Commission's Regulations, 7 CFR 52.714 (1979).

hearings that may be required.

On June 22, 1979, this Licensing Board was establishedl to carry out the proceedinsJs ordered by the Commission.

The Licensing Board has reviewed all of the-requests for hearing and associated pleadings, and it has determined ?_ hat. some or all of the requesters may be entitled to a hearing depe=nding upon a more precise description of how their interests may. be affected by the Commission 's Order of May 7,1979.

In this regard, the requesters for hearing may amend their requests to specifice11y state, pursuant to Section 2.714 of the Commission's Regulations., 47 CFR 52.714, how their interests may be affected by the actions ordered by the Com-mission's May 7, 1979, order.-2/

Such amended petitions shall be filed with the Commission by July 16, 1979.

In addition, the requesters-may ss:upplement their requests for hearing to include: (1) a list of time contentions which each seeks to have litigated in this proceeding; and (2) the basis for each contention set forth with reasonable s cig.

The supplement shall be filed July 16, 1979.

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There is a substantial body of Commission precedence defining the kind of interest required for interven+-4 on in a Commission hearing.

Kansas Gas & Electric Co., et al.

(Wolf Creek. Gener-ating Station, Unit 1), ALAB-424, 6 NRC 122', 128 (19'77) ; Tennessee Valley Authority (Watts Bar Nuclear Plan, U lits 1& 2), ALAE-413, 5 NRC 1418, 1420-21 (1977); Detroit Edison Co. 426 (1977); Publir:

Service Co. of Oklahoma, et al. (Black Fox Nuclear Power StaI: ion, Units 1& 2), LSP-77-17, S NRC 657 (1977) ; P>crtland General Electric Company (Pebble Springs Nuclear Pl. ant, Units 1& 2),

ALAS-333, 3 NRC 804 (1976); Louisiana Power- & Light Co. (Water-ford Steam Electric Station, Unit 3), ALAS-12 5, 6 AEC 371, 372, n.

6 (1973); Portland General Electric Co.

(Trojan nuclear Plant),

ALAB-496, 8 NRC 308 (September 12, 1978); River Bend, supra, 7 AEC 222 (1974) ; Vircinia Electric and Power Co.

(North Anna Power Station, Units 1 & 2), ALAS-146, 6 AEC 631- (1973) ; Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1& 2), ALAB-107, 6 AEC 188 (1973) ; Waterford, supra, 6 AEC 371 (1973); Pacific Gas and Electric Co. (Humooldt Bay Power Plant, Unit 3), ASLB Order (May 15, 1978).

Pursuant to Section 2.751(a) of the Commission's Regulations, the Licensing Board will hold a prehearing conference in this matter to consider the amended and supplemented requests for hearing which are to be filed July 16, 1979, and to establish a schedule for fur-ther actions in this proceeding, including discovery, and. to further 3/

identify key issues.-

The prehearing conference will be held on August 1,1979,' at 10 :00 a.m., in the Conference Room, West 1140, Federt ~_ Building, 2800 Cottage Way, Sacramento, California, and will proceed until it is completed.

It is so ordered.

ATOMIC SAFETY AND LICENSING BOARD By:

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Mid:hael L.

Glaser Chairman Dated: 'f.. f' 0, /Q '?

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It should be recognized that this proceeding is a show cause enforcement proceeding.

The Commission has already identified in its Cune 21, 1979, Order the broad issues to be considered.

Each recuester for hearing can, of course, assert in its July 16 filing that further issues should be specified as long as they are related to the action taken by the Commission in its May 7, 1979, Order.

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