ML19323J221

Reply Withdrawing 800508 Motion to Dismiss Application. Applicant Response to Motion & Mecca Affidavit Provided Detailed Info Re Applicant 800414 Rept.Progress Rept Must Be Filed by 800601 by Applicant.Certificate of Svc Encl

ML19323J221
Person / Time
Site:	Skagit
Issue date:	06/04/1980
From:	Gendler M, Leed R LEED, R.M., SKAGITONIANS CONCERNED ABOUT NUCLEAR POWER (SCANP)
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006190447
Download: ML19323J221 (5)

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UNITED STATES OF AMERICA JUN 1 11980 , ;2; Crra l NUCLEAR REGULATORY COMMISSION  % 'h,$ g g'/

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD p ci In the Matter of )

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PUGET SOUND POWER & LIGHT ) DOCKET NOS. STN 50-522 COMPANY, et al., ) 50-523

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(Skagit Nuclear Power Project, ) June 5, 1980 Units 1 and 2) )

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SCANP'S REPLY TO ANSWERS OF APPLICANT AND STAFF TO SCANP'S MOTION TO DISMISS APPLICATION SCANP has received the responses of the Applicant (Puget Power) and the Staff to our motion to dismiss the application filed Ma'y 8, 1980. / Because Puget Power's response, and par-ticularly the af fidavit of Mr. Mecca, provides detailed infor-mation of the sort that should have been provided by Puget Power in its report dated April 14, SCANP hereby withdraws its motion to dismiss the application for failure to pursue the application diligently.

It is significar.t that neither Puget Power nor Staff dis-puted our s tatement that the pendency of this application, and its attendant uncertainties, causes serious injury to SCANP members and Skagit County residents, which is not to be taken ligh tly . It is significant also that neither Puget Power nor Staf f strenuously def ended the sufficiency of their April status reports. and that Puget Power in part icular provided S

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SCANP appreciates the difficultles of Puget Power 's pre-sent position, and appreciates also that major decisions, such as that faced here, cannot be made instantaneously. On the other hand, the Board is extending great leeway to Puget Power under these circumstances, and SCANP should not be required to ins is t on full disclosure at every turn. In view of the major uisruption caused by this application in the lives of SCANP members and all Skagit County r es ident s , Puget Power's minimum r es pons ibility is to provide f ull disclosure of the steps it is taking to provide electricity for future years, and should indicate in detail the particular progress made in

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pursuit of the Skagit application, or, the progress made in facilitating a decision to abandon the Skagit site. These reports should be provided to the public willingly, and not only in response to mot ions of the nature filed by SCANP on May 8.

On April 14, Puget Power indicated that it would be pre-pared to declare its intent by the end of May. In response to our motion of May 8, Puget Power asks that its response be taken as a substitute for a mid-May repcrt, and advises the Board and the parties that it will be prepared to state its intentions by the end of June. SCANP request's that Puget Power provide a detailed progress report at the beginning of June,

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and urges the Board to accept no further excuses or delays regarding Puget 's declaration of its ultimate intent past the end of June, 1980.

DATED this N day of June, 1980.

Respect fully submieted, ROGER M. LEED Michael W. Gendler Counsel for Intervenor SCANP

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UNITED STATES OF AMERICA ~

NUCLEAR REGULATORY COMMISSION g Cli;teoftu3,gc Cocion; c g g En-a BEFORE THE ATOMIC SAFETY AND LICENSING BOARD c) ,

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PUGET SOUND POWER & LIGHT ) DOCKET NOS. STN 50-522 COMPANY, et al., ) 50-523

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(Skagit Nuclear Power Project, )

Units 1 and 2) ) June __, 1980

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CERTIFICATE OF SERVIC I hereby certify that copies of:

SCANP'S REPLY TO ANSWERS OF APPLICANT AND STAFF TO SCANP'S MOTION TO DISMISS APPLICATION dated June f( 1980, have been served on the following by depositing the same in the United States mail, postage prepaid, on this d day of June, 1980.

Valentine B. Deale, Esq. Chairman Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 1001 Connecticut Avenue N.W. Washington, D.C. 20555 Washington, D.C. 20036 Richard L. Black, Esq.

Dr. Frank F. Hooper. Member Counsel for NRC Staff Atomic Safety and Licensing Board U.S. Nuclear Regulatory School of Natural Resources Commission Univers ity of Michigan Office of the Executive Legal Ann Arbor, MI. 48104 Director Washington, D, C. 20555 Gustave A. Linenberger, Member Atomic Safety and Licensing Board Nicholas D. Lewis, Chairman U.S. Nuclear Regulatory Energy Facility Site Evaluation Commission Council Washington, D.C. 20555 820 East Fifth Avenue Olympia, Washington 98504 Certificate - 1

o-Richard M. Sandvik, Esq., Russel W. Busch Assistant Attorney General Evergreen Legal Services Department of Justice 520 Smith Tower 500 Pacific Building Seattle, Washington 98104 520 S. W. Yamhill Portland, Oregon 97204 Thomas Moser Deputy Prosecuting Attorney Robert Lowenstein, Esq. Skagit County Courthouse Lowenstein, Newman, Reis & Mt. Vernon, Washington 98273 Axelrad 1025 Connecticut Avenue, N.W. Warren Hastings Washington, D.C. 20036 Portland General Electric Co.

121 S.W. Salmon Street James W. Durham, Esq. TB 13 Portland General Electric Co. Portland, Oregon 97204 121 S.W. Salmon Street TB 17 Portland, Oregon 97204 CFSP and FOB E. Stachon & L. Marbet 19142 S. Bakers Ferry Road Boring, Oregon 97009 Canadian Consulate G9 neral Peter A. van Brakel Vice-Consul 412 Plaza 600 6th and Stewart Street Seattle, Washington 98101 F. Theodore Thomsen Perk ins , Cole, Stone, Olsen

& Williams 1900 Washington Building Seattle, Washington 98101 Alan P. O' Kelly Paine, Lowe. Coffin, Herman

& 0' Kelly 1400 Washington Trust Financial Center

' Spokane, Washington 99204 DATED: Vu ,

/9b ROGER M. EED By Certificate - 2 W"