ML19309G114

Response in Opposition to State of Mn 800409 Request for Hearing & Petition to Intervene.No Rationale or Supporting Authorities Cited as Basis for Request Not to Issue Amend Until State Proceedings Are Completed.W/Certificate of Svc

ML19309G114
Person / Time
Site:	Prairie Island
Issue date:	04/17/1980
From:	Silberg J NORTHERN STATES POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8005020381
Download: ML19309G114 (5)

Text

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April 17, 1980 UNITED STATES OF AMERICA l NUCLEAR REGULATORY COMMISSION l In the Matter of )

NORTHERN STATES POWER COMPANY )

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Prairie Island Nuclear ) Docket Nos. 50-282 Generating Plant, Units 1 ) 50-306 and 2 )

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(Spent Fuel Pool Modification) )

NORTHERN STATES POWER COMPANY'S  !

ANSWER TO STATE OF MINNESOTA'S -

REQUEST FOR HEARING AND PETITION i FOR LEAVE TO INTERVENE i on March 12, 1980, the Nuclear Regulatory Commission published in the Federal Register a notice of opportunity for hearing with respect to the application of Northern States Power Company (NSP) to expand the spent fuel storage capacity of NSP's Prairie Island Nuclear Generating Plant, Units 1 and 2.

45 Fed. Reg. 16056. The notice provided that any person whose interest may be affected by the proceeding could file a petition for leave to intervene by April 11, 1980. .

In a filing dated April 9, 1980, the State of Minnesota requested that a hearing be held on NSP's application and that the State be permitted to intervent .

NSP does not take issue :h the State's showing of interest, nor with its description .f the aspects of the subject matter of the proceeding as to whi.h the State wishes to intervene. ,

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b NSP respectfully requests that an Atomic Safety and Licensing Board be promptly appointed and that a special prehearing conference pursuant to 10 C.F.R. S2.751a be expeditiously scheduled, so that the filing of contentions and a ruling on the State's petition and contentions may take place at the earliest practical time.

One point raised in the State's petition needs to be addressed. After noting that administrative proceedings on the proposed spent fuel expansion are underway before state agencies, I the State asks that the Nuclear Regulatory Commission not issue l

a license amendment until state proceedings have been completed.  ;

1 The State suggests no rationale for this proposal, nor does it cite any supporting authority. The Commission has on a i

number of occasions rejected similar suggestions. In Wisconsin l 1

plectric Power Co. (Koshkonong Nuclear Plant, Units 1 and 2), '

CLI-74-45, 8 AEC 928, 930 (1974), the Commission stated:

1 As a general rule it is the practice of the Commission to pursue its administrative procedures while other I state and local proceedings are under way. Such a i practice is hardly a waste of time; on the contrary, it is the efficient, economical and expeditious course.

See also, Southern California Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3), ALAB-171, 7 AEC 37, 39 (1974); 1 1

SouthernCalifornia Edison Co. (San Onofre Nuclear Generating Station, Units 2 and 3), ALAB-189, 7 AEC 410, 412 (1974);

Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, 1

Units 1 and 2), ALAB-443, 6 NRC 741, 748 (1977). The State's  !

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b suggestion must therefore be rejected.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Jay EI Silberg .

Counsel for Northern States Power Company 1800 M Street, N.W.

Washington, D.C. 20036 (202) 331-4100 1

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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NORTHERN STATES POWER COMPANY )

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Prairie Island Nuclear ) Docket Nos. 50-282 Generating Plant, Units 1 ) 50-306 and 2 )

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(Spent Fuel Pool Modification) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Northern States Power Company's Answer to State of Minnesota's Request for Hearing and Petition for Leave to Intervene" were served by deposit in the United States mail, first class, postage prepaid, this 17th day of April, 1980, to the parties identi-i fied on the attached Service List. l Jay E. Silberg

o SERVICE LIST Jocelyn F. Olson, Esq.

Minnesota Pollution Control Agency 1935 West County Road B2 Roseville, Minnesota 55113 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joseph D. Bizzano, Jr.

Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Office of the Executive Legal Director

! U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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