ML19282A988
| ML19282A988 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 02/14/1979 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7903080580 | |
| Download: ML19282A988 (3) | |
Text
(%
/
NRC PUDLIC la:U: Gb P00M
//
A 67... : 4Y-g%g > *6*g 5
- 5 il e
UNITED STATES OF AMERICA i
g, NUCLEAR REGULATORY COMMISSION
.p BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
.g a
<n In the Matter of WISCONSIN PUBLIC SERVICE CORPORATION
)
Docket No. 50-305 WISCONSIN POWER AND LIGHT COMPANY
)
Amendment to License AND
)
No. DPR-43 MADIS0N GAS AND ELECTRIC COMPANY
)
(Increase Spent Fuel
)
Storage Capacity)
(Kewaunee Nuclear Power Plant)
)
)
February 14, 1979 ORDER DISMISSING PROCEEDING In a joint motion dated February 5,1979, Wisconsin Public Service Corporation (WPSC), Lakeshore Citizens for Safe Energy and Safe Haven, Ltd. (Intervenors), the NRC Staff, and the State of Wisconsin moved this Board for an order approving the withdrawal of Intervenors from this pro-ceeding in accordance with a settlement agreement entered into among Intervenors, WPSC, and the NRC Regulatory Staff dated February 5, 1979.
Since all parties and participants, including Intervenors, have moved for the Board's acceptance of Intervenors' withdrawal, the Board accord-ingly accepts the withdrawal of Intervenors as parties to this proceeding.
In the same motion, all three parties and the State of Wisconsin moved the Board for an order dismissing this proceeding.
The withdrawal of the only Intervenors removes both the need and the occasion for further 79030805 TD
.. evidentiary hearings in this proceeding. There are no longer any matters which the parties wish to resolve in this proceeding and, consequently, there is no issue to be heard by the Board.
In addition, the Board is satisfied that the issues raised by the two Board questions posed in the Order dated October 11, 1978, have been adequately addressed in the sub-missions of WPSC and the NRC Staff.
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 mattles in controversy,10 CFR 95 2.104, 2.105, 50.58(b), and 50.91, and is con-sistent with the general powers of the presiding officer in 10 CFR 9 2.718.
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 CFR S 2.759 which specifically encourages the fair and reasonable settlement of outstanding issues in NRC licensing proceedings. The joint motion to dismiss the proceeding will, therefore, be granted, and the proceeding before this Board will be terminated.
Accordingly, IT IS ORDERED, that the proceeding before this Board, noticed in the Board's " Notice of Hearing on Amendment to Facility Operating
, License", dated July 12, 1978, 43 Fed. Reg. 31077 (July 19,1978), be, and it hereby is, dismissed.
Dr. Emmeth A. Luebke and Dr. Oscar H. Paris, members of this Board, join in this Order.
FOR THE ATOMIC SAFETY AND LICENSI;iG BOARD RAfiwfn -
RobertM.Lazo,Ch'apan
~
Dated at Bethesda, Maryland, this 14th day of February,1979.