ML19321B278

Memorandum of Points & Authorities in Support of Motion for Reconsideration of Initial Decision.Decision Does Not Discuss Issues Raised in State of or Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl

ML19321B278
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	07/23/1980
From:	Ostrander F OREGON, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19321B276	List: ML19321B275 ML19321B277 ML19321B278 ML19321B279 ML19321B280
References
TAC-11299, TAC-13152, NUDOCS 8007300494
Download: ML19321B278 (4)

Text

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O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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Docket No. 50-344

-PORTLAND GENERAL ELECTRIC

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COMPANY, et al.

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(Control Building Proceeding)

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(Trojan Nuclear Plant)

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STATE OF OREGON'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF.ITS MOTION FOR RECONSIDERATION 10 CFR 2.760 (c) (1)provides:

" (c) an initial decision will be in writing and will be based on the whole record and supported by reliable, probative and substantial evidence.

The initial decision will include:

" (1)

Findings, conclusions and rulings with the reasons or basis for them, on all material issues of fact, law, or discretion presented on the record,"

(Emphasis supplied. )

As is readily apparent from the language of 10 CFR 2.760 (c) quoted above, an initial decision must include findings, conclusions and rulings on material issues presented to the Board.

As set forth in its Proposed Findings and its Memorandum of Points and. Authorities in Support of its Proposed Findings, (copies of which are attached for the Board's convenience), the State of. Oregon retains concerns as to the engineering analysis that remains to be completed by the Licensee particularly as to any changes in or deviations from the proposed modifications 1 - MEMORANDUM OF POINTS AND AUTHORITIES 8007300ff[

t to the Trojan complex'as reviewed by the Board.

The State of Oregon therefore proposed that the board exercise its discretion under 140 CFR 50.59(b) to require accelerated reporting of' design changes.

The. Licensee opposed Oregon's Proposed Findings in its response dated May 29, 1980.

-The issues raised by the state of Oregon and the Licensee's response are clearly issues of fact, law and discretion within the meaning of 10 CFR 2.760 (c) (1).

Upon review of the initial decision, however, Oregon can find no discussion of the issues raised in Oregon's Proposed Findings of Fact and Conclusions of Law or the Licensee's response.

For this reason, the State of Oregon; believes that the initial decision fails to follow the requirements of 10 CFR 2.760(c) (1) and should be recon-

'sidered by the Board.

Respectfully submitted, i-

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.. D FRANK W.

OSTRANDER, JR.

Assistant Attorney General of Attorneys for State of Oregon Department of Justice 500 Pacific Building 520 S.W. Yamhill Street Portland, Oregon 97204 July 23, 1980.

2 - MEMORANDUM OF POINTS AND AUTHORITIES

CERTIFICATE OF SERVICE I, Frank W.

Ostrander, Jr. hereby certify that on this 23rd day of July, 1980 I served the within " State of Oregon's Motion for Reconsideration of the Initial Decision" and

" State of Oregon!s Memorandum of Points and Authorities in Support of Its Motion for Reconsideration" upon the following parties $f record by then depositing in the United States Post Office at Portland, Oregon, full, true, and correct copies thereof, addressed to the said parties of record at the follow-ing addresses listed below, and prepaying the postage thereon:

Marshall E. Miller, Esq., Chair.

Mr. David B. McCoy Atomic Safety and Licensing Board 348 Hussey Lane U.S. Nuclear Regulatory Comm'n Grants Pass, OR 97256 Washington, DC 20555 Ms. C. Gail Parson Dr. Kenneth A. McCollom, Dean 800 S.W. Green #6 Division of Engineering, Portland, OR 97205 Architecture & Technology Oklahoma State University Ronald W. Johnson, Esq.

Stillwater, OK 74074 Corporate Attorney Portland General Electric Dr. Hugh Paxton 121 S.W. Salmon Street 1229-41st Street Portland, OR 97204 Los Alamos, New Mexico-97544 William W.

Kinsey j

Mr. John A.

Kullberg 1002 N.E.

Holladay 15523.S.E. River Forest Dr.

Portland, OR 97232 Portland, OR 97222 Ms. Nina Bell.

Columbia Environmental Council 632 S.E.

18th 203 S.:First Street Portland, OR 97214

+St.

Helens, OR -97051 Mr. Stephen M. Willingham Maurice Axelrad, Esq.

555 N. Tomahawk Drive Lowenstein, Newman, Reis, Portland, OR 97217 Axelrad &. Toll Suite:1214 Mr. Eugene Rosolie 1025. Connecticut Avenue NW Coalition for Safe Power

Washington, DC 20036 215 S.E. 9th Avenue Portland, OR 97214 3

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Dr. Reed Johnson

-Atomic Safety and Licensing Office.of the Executive Legal Appeal Board Director U.S. Nuclear Regulatory Comm'n U.S. Nuclear Regulatory Comm'n Washington DC, 20555

. Washington, DC 20555 Joseph R. Gray Docketing and Services Section Counsel for NRC Staff Office of the Secretary U.S. Nuclear. Regulatory Comm'n U.S.

Nuclear Regulatory Comm'n Washington,-DC 20555 Washington, DC 20555

. Alan S.-Rosenthal, Esq.

Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board 4

Appeal Board U.S.

Nuclear Regulatory Comm'n U.S. Nuclear Regulatory Comm'n Washingon, DC 20555 Washington, DC 20556 Dr. John Buck Atomic Safety and Licensing Appeal Board

- U.S. Nuclear Regulatory Comm'n Washington, DC 20555 t', -h i

s i, ACm vs v FRANK W.

OSTRANDER, JR.

Assistant Attorney General l

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