ML19284A715
| ML19284A715 | |
| Person / Time | |
|---|---|
| Site: | 05000477, 05000478 |
| Issue date: | 02/15/1979 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7903150236 | |
| Download: ML19284A715 (4) | |
Text
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NRC PUBLIC DOCUMENT ROOM UNITED STATES OF AMERICA YSIf NUCLEAR REGULATORY COMMISSION
.0 EEBL61979p -
g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD eg a L
ero sr In the Matter of
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PUBLIC SERVICE ELECTRIC AND Docket Nos. STN 50-477 GAS COMPANY STN 50-478 (Atlantic Generating Station,
)
Units 1 and 2)
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ORDER After Applicant, pursuant to 10 C.F.R. 5 2.107, had filed a Notice Of Withdrawal Of Application on December 20, 1978, an inter-vening party, the Atlantic County Board of Chosen Freeholders, on December 29, 1978, filed a Notice Of Motion To Impose Terms And Conditions Pursuant To 10 C.F.R. Section 2.107. Therein Atlantic County requested that we impose certain terms and conditions upon Applicant's withdrawal of the application for construction 1/
permits, and stated that a brief in support of its Motion would be 1/ The tenns and conditions sought to be imposed were:
1.
Applicant should pay to the Intervenor, County of Atlantic, the cost of intervention incurred by the County of Atlantic. An itemized bill of said costs to be submitted upon an Order being entered direct-ing the Applicant to pay said costs.
2.
Applicant should post a bond or cash in lieu of bond in an amount of $250,000 to cover legal costs and expert costs that will be incur-red by Intervenors in the event a substantially similar application is filed in the future. Said bond or cash deposit should be for a term of ten (10) years.
3.
The Order of Dismissal should be with prejudice.
790315023G g
W,.
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filed before January 15, 1979. On January 15, 1979 Applicant filed a Motion To Strike the aforementioned Motions of Atlantic County and of 31 Ocean County. The Intervenors did not respond. Ultimately, on January 23, 1979, Atlantic County filed its Brief in support of its Motion of December 29, 1978.' Applicant filed its Brief in Opposition on February 8,1979 and on Footnote lf continued:
4.
That an Order be entered precluding the Applicant from filing a substantially similar application for the next ten (10) years or such other reasonable period of time.
5.
That an Order be entered precluding the Applicant from filing an application to site a floating nuclear power plant or plants in the coastal or bay waters of New Jersey for the next 10 years or such other reasonable period of time.
6.
For such other relief as may be just and appropriate.
2/ On January 9,1979, the Ocean County Board of Chosen Freeholders filed a motion substantially -imilar to that previously filed by Atlantic County except that Ocean County deleted the fifth term or condition. Therein, Ocean County stated it would rely upon the brief to be filed by Atlantic County. Since Ocean County indicated that it would rely upon the brief to be filed by Atlantic County, we will con-sider the motions as being a Joint Motion.
j3 Therein, inter alia, Applicant argued that, contrary to 10 C.F.R.
s 2.730(b), the two intervenors had failed to " state with particularity the grounds" for the motions. The Motion To Strike is mooted because, hereinafter, we recognize the validity of Applicant's argument and utilize it as one of the reasons for denying the Intervenors' Joint Motion.
d February 12, 1979, the NRC Staff filed a Response opposing the imposition of the terms and conditions.
The Joint Motion of the two intervenors is denied.
In the first place, Intervenors did not comply with 10 C.F.R.12.730(b) in fail-ing to submit briefs at the time the Notices of Motion To Impose Terms And Conditions were filed and therein to " state with particularity the grounds" in support of their motions. Neither Intervenor filed a motion for leave to file a brief by January 15, 1979 and, in fact, the brief was not filed until January 23, 1979. Parties must comply with our Rules of Practice. Second, except for discussing in the brief the payment of attorney's fees, the Intervenors do not " state 5
with particularity the grounds" relied upon in support of the imposi-tion of the balance of the terms and conditions.~4/
We conclude that the Intervenors have abandoned all requests for tenns and conditions except for the imposition of attorney fees, We must deny the remaining request for attorney's fees because there is no statutory authorization for ordering such payment and because said fees cannot be imposed on the basis of a party's participation as a private attorney general. See 4/ At page 2 of its brief, Atlantic County states that "The narrow scope of this brief will be focused on the power and propriety of the NRC to impose attorney fees as a condition of withdrawal of an application".
~
e Alyeska Pipeline Service Company v. The Wilderness Society, et. al.,
421 U.S. 24') (1975).
In a separate Order being issued this day, pursuant to 10 C.F.R. 12.107 we are dismissing the instant proceeding.
FOR THE ATOMIC SAFETY AND LICENSING BOARD b
Sheldon J. %/lfe, Esquire Chairman Dated at Bethesda, Maryland this 15th day of February, 1979.