ML19276F557

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Denies Motions to Reopen Need for Power Issue.Rejects Postponement of Hearing,Dismisses Motions to Order Utility to Provide Financial Info as Moot & Grants NRC Motion to Adopt Procedures for Radon Issue
ML19276F557
Person / Time
Site: 05000471
Issue date: 03/14/1979
From: Luton E
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7904060054
Download: ML19276F557 (4)


Text

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NRC PUBLIC DOCUMENT ROOM

.m UNI'IED STATES OF AMERICA NUCLEAR RECULATORY CCMESSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD SERVED ygp g 5 gg79 In the Matter of

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BOSTON EDISON COMPANY

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Docket No. 50-471

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(Pilgrim Nuclear Generating

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Station,. Unit 2)

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$4N,g;;'M

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\\e Upon ccnsideration of the papers before us, the Board makes the following rulings:

1.

Reopening of the record cn the issue of "need for power" is not warranted. Thus, the Camonwealth's 'ibtion to Supplement the Hearing Record," dated April 27,1978, and the Cleetcn's similar motion dated January 25, 1979, are both hereby denied.

2.

The speculative basis that the Massachusetts Department of Public Utilities might, at scme future time, render a decision affecting Bostcn Edison's #inancial abilit'f regarding Pilgrin 2 is not enough to warrant postpone-trent of the hearing of that issue by this Board. The issue of financial qualifications will be heard at the vooaoscoyy g

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. same time as the other issues outstanding in this case.

The Cleeton's January 25, 1979 motion to defer hearing on this issue is denied.

3.

The Cleeton's January 25, 1979 motims (1) "That. Boston discn be Ordered to Make Available to the Cleetons Certain Infor-mation Re Financial Qualifications," and (2) "That the Board Order the NRC Staff to Provide to the Parties a Detailed Evaluaticn of the Impact Upon this Proceeding of the NRC's Decision announced January 19,1979 Re the 1975 Reactor Safety Study," are dismissed as moot.

It is the Board's understanding that 1) counsel for Boston Edison will or has made the requested financial information available to the Cleetons, and 2) the Regulatory Staff will or has made available to the parties its evaluaticn of the inpact upon this proceeding of the Ccumission's January 19, 1979 policy statement concerning the Reactor Safety Study.

4.

The Regulatory Staff has moved the Board to adopt certain pro-cedures for the consideration of the radon issue. The moticn 8

is granted, as follows:

a.

Within twenty-one (21) days of the service of this order, any party may request that the Board (a) receive e

additional written evidence on the radon question;

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(b) call for a further hearing on the Perkins radon a

  • / Duke Power Ccupany (Perkins Nuclear Station, Units 1, 2 and 3),

Docket Nos. SIN-50-488, STN 50-489 and SIN 50-490.

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. record; or (c) consider objecticns to any aspect of the Perkins radon proceeding. Each such request shall specify the mmner in which the Perkins record is believed to be incomplete, inaccurate, or objectionable.

b.,

Responses to any such request are to be filed, within a period of fourteen (14) days following service of the request.

c.

Within twenty-cne days of the service of this Order, any party may submit to the Board a usucrand rn addressing the following questions:

1) whether the Perkins evidentiary record supports the generic findings of the Perkins licensing board respecting the amount of the radon emissions in the mining and milling process and resultant health effects; and
2) whether the radon missions and recultant health effects are such as to tip the NEPA balat., against construction of the facility.

A party who files a request pursuant to paragraph 4.a. of this Order may defer the subnission of the nunorandum invited by

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. paragraph 4.c., pending the disposition of such request and the conclusion of any proceedings necessitated thereby.

SO ORDERED.

THE Al m IC SAFEIY AND LICENSING BOARD Edward Luton, Chairman Dated at Bethesda, Maryland this 14th day of March 1979.