ML19317E243

Joint Motion of Applicant & Municipal Intervenors to Accept Settlement & Terminate Proceeding.Settlement Agreement Dtd 750328, & Order on Joint Motion of AEC & DOJ to Place Conditions on Facility OLs Encl

ML19317E243
Person / Time
Site:	Oconee, Catawba, McGuire
Issue date:	03/28/1975
From:	Avery G, Golden T, Tally J DUKE POWER CO., TALLY, TALLY & BOUKNIGHT, WALD, HARKRADER & ROSS
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19317E244	List: ML19317E243 ML19317E262
References
NUDOCS 7912170494
Download: ML19317E243 (3)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Duke Power Company ) 24-(Oconee Units 1, 2 and 3

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Dkt.

Nos(30-2e7A,50-26p,'50-27 50-369A, McGuire Units 1 and 2) ) and 50-370A JOINT MOTION OF APPLICANT AND MUNICIPAL INTERVENORS TO ACCEPT SETTLEMENT AND TERMINATE PROCEEDING To the Atomic Safety and Licensing Board:

Duke Power Company ( Applicant) and the cities of Albemarle, High Point, Lexington, Lincolnton, Monroe, Shelby and the town of Landis (collectively, the municipal inter-venors) respectfully request the Board to enter an order accepting the settlement attached hereto as Appendix A 1/

and terminating the above-captioned proceeding.-

Attached hereto as Appendix A is a settlement reached between Applicant and the municipal intervenors in 2/

this proceeding.- The settlement incorporates a Statement of Commitments, the provisions of which Applicant has agreed

-1/ This motion is made pursuant to SS2.718, 2.730 and 2.759 of the Commission's Rules of Practice, 10 C.F.R. Part 2.

2/ The settlement also is applicable to another proceeding pending before the NRC, Duke Power Co. (Catawba Units 1 and 2) , Dkt. Nos. 50-413A and 50-414A. Additional parties which are intervenors in that proceeding, therefore, also are parties to the settlement. Simultaneous herewith, a like motion will be filed in the Catawba proceedirg.

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to be conditions to the licenses issued herein. This Statement of Commitments also formed the basis of a settlement previously reached in this proceeding among

he Applicant, the Department of Justice and the staff 4

of the NRC's predecessor agency, the Atomic Energy Commission.

By order issued May 24, 1974, the Board accepted the latter settlement. Further, in that order, the Board found the provisions contained in the Statement of Commit-ments to be in the public interest.-4/ Accordingly, the Board directed that the said commitments "be made conditions to all permits and licenses issued or to be issued by

! the Atomic Energy Commission [now NRC] with respect to the t -5/

Oconee and McGuire nuclear reactors."

After the issuance of the Board's May 24, 1974, order, Applicant and the Intervenors continued negotiations in an attempt to resolve their differences. Such resolu-tion now has been reached. The settlement involving matters before the NRC has been reduced to writing and is attached as Appendix A.

3/ Order on Joint Motion of the Regulatory Staff of the  !

Atomic Energy Commission and the Department of Justice to Place Conditions on Oconee and McGuire Licenses, issued May 24, 1974.

l 4/ Id. at p. 3.

5/ Id. at pp. 4-5.

3-Applicant and the municipal intervenors believe the settlement to be in the public interest. They jointly, therefore, respectfully request the Board to accept it in full settlement of the proceeding. Since all parties now will have fully resolved their differences, no issues remain outstanding. Accordingly, Applicant and the municipal intervenors request that the Board terminate the above-captioned proceeding.

We have been authorized by the Department of Justice and the Staff of the NRC to state that they have no objection to this motion.

Respectfully submitted, George A. Avery Toni K. Golden Wald, Harkrader & Ross 1320 Nineteenth St., N.W.

Washington, D. C. 20036 Ccunsel for Applicant J. O. Tally, Jr.

David F. Stover Tally & Tally P. O. Box 1660 Fayetteville, N.C. 28302 March 28, 1975 Counsel for Municipal Intervenors