ML19296B275
| ML19296B275 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 02/12/1980 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002200355 | |
| Download: ML19296B275 (4) | |
Text
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2/12/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
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MAINE YANKEE ATOMIC POWER COMPANY
)
Docket No. 50-309
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(Spent Fuel)
(Maine Yankee Atomic Power Station)
)
NRC RESPONSE TO THE MOTIONS OF SENSIBLE MAINE POWER AND THE STATE OF MAINE FOR RELOCATION OF THE SPECIAL PREHEARING CONFERENCE Petitioner Sensible Maine Power, by action dated January 24, 1980,1/ and the State of Maine by motion dated January 22, 1980,2_/ request that tiie location of the special prehearing conference in the above proceeding, which was ordered to be held in Bethesda, Maryland and was later postponed for good cause shown,S/ e held in Wiscasset, Maine.
b 1_
This motion was filed with both the Nuclear Regulatory Commission and the Atomic Safety and Licensing Board (ASLB) in the above proceeding.
In a letter dated January 29, 1980 to David Santee Miller, counsel for Sensible Maine Power, the Commission noted that its Rules of Practice provide that such filings only be made with the ASLB in accordance with 10 CFR 2.730(a).
2_/
In its motion the State of Maine also requested a continuance of the special prehearing conference. This request, however, was later with-drawn.
See Order of this Board dated January 25,1980, at 2.
_3]
Order of January 4,1980.
4/
Order of January 25, 1980.
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. The reasons cited by the State of Maine and petitioner Sensible Maine Power in support of their Motions are (1) that the requested location would be more convenient for the State of Maine, the petitioner Sensible Maine Power and the Applicant and (2) that the public interest would be best served by granting the request since the citizens of Maine are most directly affected by operation of the facility and the relocation would allow them the oppor-tunity to observe the prehearing conference. The NRC Staff concurs and supports the request that the special prehearing conference be conducted in or near Wiscasset, Maine.N In addition, the State of Maine requested that all further conferences and hearings be held in or near Wiscasset, Maine.
As noted in Appendix A to 10 CFR Part 2 of the Commission's Regulations, it is the Commission's policy and practice to begin the evidentiary hearing in the vicinity of the site of the facility.
However, this Appendix notes several factors to be considered with respect to selecting the location of the prehearing conferences and further hearing sessions.O These include:
the convenience and necessity 5)
We note that Appendix A to Part 2 of the Commission's Regulations recog-nizes convenience of the parties and public interest as factors to be considered in determining the location of a prehearing conference. The Appendix provides, in part:
(b)
In fixing the time and place o# any conference, including prehearing conferences, or of any adjourned session of the evi-dentiary hearing, due regard shall be had for the convenience and necessity of the parties, petitioners for leave to intervene, or the representatives of such persons, as well as of the Board Members, the nature of such conference or adjourned session, and the public interest.
6/
See fn. 5, supra.
of the parties and the Board members, the nature of the particular conference or hearing session, and the public interest.
The Staff submits that it is premature to judge whether these factors weigh in favor of holding every conference or hearing session in or near Wiscasset, Maine.
Accordingly, this aspect of the State of Maine's motion should be denied.
Respectfully submitted,
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Henry J. McGurren Counse'l for NRC Staff Dated at Bethesda, Maryland this 12th day of February,1980
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSI"1 BOARD In the Matter of
)
)
MAINE YANKEE ATOMIC POWER COMPANY )
Docket No. 50-309
)
(Spent Fuel)
(Maine Yanke Atomic Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC RESPONSE TO THE MOTIONS OF SENSIBLE MAINE POWER AND THE STATE OF MAINE FOR RELOCATION OF THE SPECIAL PREHEARING CONFERENCE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 12th day of February, 1980:
Robert M. Lazo, Chaircan, Esq.*
John M. R. Paterson Atomic Safety and Licensing Board Deputy Attorney General U.S. Nuclear Regulatory Commission Department of the Attorney General Washington, DC 20555 State House Augusta, ME 04333 Dr. Cadet H. Hand, Jr.
71 rector, Bodega Marine Laboratory David Santee Miller University of California Counsel for Petitioner P. O. Box 247 213 Morgan Street, N.W.
Bodega Bay, CA 94923 Washington, DC 20001 Mr. Gustave A. Linenberger*
Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel
- U.S. Nuclear Reguoltory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 John A. Ritsher Atomic Safety and Licensing Appeal Ropes & Gray Panel (5)*
225 Franklin Street U.S. Nuclear Regulatory Commission Boston, MA 02110 Washington, DC 20555 Stanley Tupper Docketing and Service Section (7)*
Tupper & Bradley Office of the Secretary 102 Townsend Avenue U.S. Nuclear Regulatory Commission Boothbay Harbor, ME 04538 Washington, DC 20555 s.! ')
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Henry Jt.'McGurr'en Counsel'for NRC Staff