ML19316B087
| ML19316B087 | |
| Person / Time | |
|---|---|
| Site: | 05000514, 05000515 |
| Issue date: | 06/10/1980 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006110289 | |
| Download: ML19316B087 (5) | |
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June 10,1980 S
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PORTLAND GENERAL ELECTRIC
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Docket Hos. 50-514 COMPANY
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50-515
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(Pebble Springs Nuclear Plant,
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Units 1 and 2)
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NRC STAFF'S REPLY TO FORELANS ON BOARD'S RESPONSE
__T0 BOARD ORDERS, ETC., AND REQUEST FOR DEFERRAL Introduction Consolidated Intervenors Forelaws on Board and Lloyd K. Marbet in a filing 27, 1980, S ave responded to two Atomic Safety and Licensing Board dated May h
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(Board) Orders requesting views of the parties on:
(1) Staff's suggestions
[as of March 10,1980] relative to proceeding in this matter; and (2) the effect, if any, of the State Siting Council decision suspending consideration of Applicant's Pebble Springs state application until, at least, July 1,1981.S The Board now has the views of all parties on these matters, and it has scheduled a prehearing conference for July 22, 1980, in Portland, Oregon, to consider the further course of these proceedings.
M"Forelaws on Board Response to Board's Orders of flarch 27 and April 3,1980, and Supplement No.1 to the Final Environmental Impact Statement Related to Construction of Pebble Springs Nuclear Plant, Units 1 and 2," Parts I and II.
U" Order Relative to Pending Matters" issued on March 27, 1980, where the parties were granted leave by the Board to respond to NRC Staff (Staff) suggestions relative to proceeding 10 this matter (see Staff counsel's letter to the Board dated March 10,1980); and " Order Relative to Status of Oregon Energy Facility Siting Council Proceeding" issued by the Board on April 3,1980, wh'ch requested all the parties' advice as to the effect on this proceeding of an Oregon Energy Facility Siting Council Order dated March 14, 1980, suspending that Council's consideration of Applicant's Pebble Springs state application until, at least, July 1,1981. On May 5, 1980, the Board issued an " Order Granting Additional Time to Forelaws on Board".to respond to the two Orders. The additional time within which to respond was granted to Intervenors as they had not received the two Orders in question at the time of original service.
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~ Part III of Intervenors' May 27, 1980, filing " raises [six] contentions with respect to the issuance of the Staff's Supplement No.1 to the final environ-mental statement related to construction of Pebble Springs Plant, Unit 1 and 2" (at page 3).
By order of May 5,1980, the pro se, Intervenors were allowed to propose additional contentions based upon Staff's issuance of Supplement No.1 to the FES of April 15, 1980. S In this filing, Staff seeks a deferral of time within which to respond to the contentions newly asserted by Intervenors.
Discussion The Staff seeks deferral of the time in which to respond to these contentions l
until July 15, 1980, one week before the prehearing conference. The present posture of the proceeding caused by Applicant's request for a partial initial decision on site suitability matters in lieu of its prior applications for limited work authorizations or construction permits make the Staff's request appropriate.
The Staff requires this additional time so that it may have an opportunity to discuss the alternative sites aspects of the proceeding with Intervenors, the State of Oregon and Applicants.S Staff counsel also intends to pursue discussions with the other parties regarding a possible stipulation
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S NUREG-75/025, Supp. No. 1.
Preparation of the draft and final supplement in question, related to alternative sites, was undertaken, on the Staff's own motion, well prior to Applicant's February 15, 1980, announcement that Pebble Springs was now planned for meeting energy demands "for the 1990's."
4l e Staff notes that, in general, the newly advanced contentions are on their Th face devoid of bases for each contention set forth with reasonable specificity as required by 10 C.F.R. 2.714(b). See BPI v. AEC, 502 F.2d 424 (D.C. Cir.
1974).
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. -- o as to further procedures and scheduling in this proceeding.
In the Staff's view, such discussions would save substantial time and efforts on the part of the Board and parties regarding, inter alia, appropriate treatment of Intervenors' recently asserted alternative site contentions.
Conclusion Intervenors have now timely responded to two outstanding Board Orders. The Staff requests that the Board defer its time to respond to Intervenors' proposed contentions on the Staff's alternative sites reanalysis until July 15, 1980.
Respectfully submitted, b
Bernard M. Bordenick Counsel for NRC Staff Dcted at Bethesda, Maryland, this 10th day of June,1980.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PORTLAND GENERAL ELECTRIC Docket Nos. 50-514 COMPANY 50-515 (Pebble Springs Nuclear Plant, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S REPLY TO FORELAWS ON BOARD'S RESPONSE TO BOARD ORDERS, ETC., AND REQUEST FOR DEFERRAL" 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 by deposit in the Nuclear Regulatory Commission internal mail system, this 10th day of June,1980:
- Elizabeth S. Bowers, Esq.
Atomic Safety and Licensing Board
- Richard S. Sal: man, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal,
Washington, D. C.
20555 Board l
U. S. Nuclear Regulatory Commission Dr. William E. Martin Washington, D. C.
20555 Senior Ecologist Battelle Memorial Institute James W. Durham, Esq./ Warren Hastings, Es:.
Columbus, Ohio 43201 Portland General Electric Company 121 S.W. Salmon Street Dr. Walter H. Jordan TB17 J
881 West Outer Drive Portland, Oregon 97204 Oak Ridge, Tennessee 37830 Richard M. Sandvik, Esq.
- Alan S. Rosenthal, Esq., Chairman Department of Justice Atomic Safety and Licensing Appeal 520 S. W. Yamhill Board Portland, Oregon 97204 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Donald W. Godard, Supervisor Siting and Regulation Dr. Lawrence R. Quarles Department of Energy Atomic Safety and Licensing Appeal Room 111, Labor & Industries Bldg.
Board Salem, Oregon 97310 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 J. Carl Freedman Box 553 Cannon Beach, Oregon 97110 s
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2 Mr. Lloyd K. Marbet
- Atomic Safety and Licensing Forelaws on Board Apoeal Panel 19142 S. Bakers Ferry Road U.
S'. Nuclear Regulatory Commissic-Boring, Oregon 97009 Washington, D. C.
20555 Frank Josselson, Esq.
- Atomic Safet and Licensing William L. Hallmark, Esq.
Board Panel R. Elaine Hallmark, Esq.
U. S. Nuclear Regulatory Commissicr 8th Floor Washington, D. C.
20555 One Southwest Columbia Portland, Oregon 97258
- Docketing and Service Section Office of the Secretary Ms. Bernice Ireland U. S. Nuclear Regulatory Commissic.
Coalition for Safe Power Washinoton, D. C.
20555 10544 N.E. Simpson Portland, Oregon 97220 Kathleen H. Shea, Eso.
Lowenstein, Newman, Reis
& Axelrad 1025 Connecticut Avenue, N.W.
Washinaton, D. C.
20036 9
Bernard M. Bordenick Counsel for NRC Staff 1
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