ML19330A370
| ML19330A370 | |
| Person / Time | |
|---|---|
| Site: | 05000514, 05000515 |
| Issue date: | 07/15/1980 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007170201 | |
| Download: ML19330A370 (6) | |
Text
{{#Wiki_filter:* 07/15/80 UNITED STATES OF Af1 ERICA. NUCLEAR REGULATORY COMilSSION REFORE THE ATIVilC SAFETY AND LICENSING BOARD In the Matter of ) ) PORTLAND GENERAL ELECTRIC ) Docket Nos. 50-514 COMPANY ) 50-515 ) (Pebble Springs Nuclear Plant, ) linits 1 and 2) ) NRC STAFF'S MOTION FOR POSTPONEi1ENT OF PRETRIAL CONFERENCE INTRODUCTION On February 15, ??"O, Applicant announced that it had concluded the proposed Pebble Sorinos facility cannot be completed in time to meet its late 1980's eergy requirements and that it was evaluating other energy ootions. Acolicant stated that it now planned on Pebble Sorines for meeting its energy demands for the 1990's. The Apolicant also requested the Licensing Board to proceed on what it termed " site suitability issues" and to issue a partial decision on those matters. On Maren 10, 1980, the NRC Staff generally suoported Acolicant's request (see Licensing Board " Order Relative to Pendino Matters" dated ' March 27, 1980). In this pleading the Staff moves that the prehearing conference scheduled Yor' July 23,1980,3 be costponed. S s stated in the Board's Order of June 23, 1980, the puroose of the pre-A hearing conference was "to consider those issues appropriate for an early site suitability hearing." Y gS50/ 800 717 0 $0I p
DICCUSSION There are many environmental-site suitability issues in this proceeding'where-the record is closed. S However, there are some issues where the record is 4 still open. As to some of those open record issues, there is no dispute among the parties that further hearings are inapprooriate at this time since the record on those issue; would be outdated at the time the Board issues any j decision which would authorize the Staff to issue an LWA or construction permit. Those issues include, by way of example, the "need for power" and " alternative energy" areas. There are other open record issues where, in general, it l would be possible for the Board to proceed with further hearings in the near i future (see Potomac Electric Power Cocoany (Douglas Point Nnlear Generating Station, Units' 1 and 2), ALAB-277,1 NRC 539 (1975); and Houston Lichtinc and Power Comoany (Allens Creek Nuclear Generatina Station, linits 1 and 2), LBP-75-66; 2 NRC 776 (1975)). Principal among these is "alterrative sites" which is the subject of Staff's Supplement No.1 to the Final Environmental Statement issued on April 15, 1980. 3 However, in view of the present posture of this proceeding, caused by Applicant's latest deferral of the Pebble Sprinos project until the 1990's and Lthe Oregon Energy Facility Siting Council decision suspending consideration of U e health and safety aspects of this proceeding remain ooen. Staff review Thin this area has been indefinitely deferred. Accordinoly, issuance of con-struction oermits in this proceeding, in any event, are not likely during -either 1980 or 1981. din a filing. dated May-27, 1980,. Consolidated Intervenors Forelaws on Board and Lloyd-X. Marbet timely raised six contentions with resoect to the " alternative sites" issue. As.noted by the Staff in a filing dated June 10, 1980, the newly advanced contentions were on their face devoid of bases for each contention set -forth with reasonable soecificity as recuired by-10 C.F.R. - 2.714(b). In view of Staff's motion, infra, further consideration 1 of these contentions, at. this time, is unnecessary.
. Applicant's Pebble Springs application until at least July 1,1981,S the Staff has felt that it would be inappropriate to expend limited Staff resources to prepare for the prehearing conference; the Staff's time and expertise has been much more needed in other proceedings looking to issuance of operating licenses or construction permits in the much nearer term. Among these pro-ceedings are North Anna 2. Seouovah, and Salem 2, where plant operation is sought for this summer. There are also a number of other plants seeking licensing action over the next several months, eg., McGuire, Sur:mer and Farley. The change in licensing requirements caused by the accident at Three Mile Island, as reflected in the NRC Action Plan set out in NUREG-0660 has, of course, sub-stantially increased the amount of resources the Staff must dedicate to changes in existing plants, as well as to the licensing of new facilities. Thus, the Staff has been unable to devote Staff resources to the review of the Pebble Sorines project. In view of the minimal progress we feel can be made at the prehearing conference, the expenditure of limited travel funds does not appear to be warranted. In sum, while it would be possible for the Board to schedule further hearings in this matter at the present time, given the Applicant's deferral of the pro-posed facility and suspension of the State proceedings, and the inability of the Staff to devote resources to Pebble Sorinas, we do not feel that a prehearing conference will be fruitful at this time. S ee Licensing Board Order of March 27, 1980, suora, and " Order Relative to S Status of Oregon Energy Facility Siting Council Proceedings" issued on , Aoril 3,1980.
o -4 CONCLUSION Accordingly, the Staff moves that the prehearing conference now set for Portland, Oregon, on July 23,1980, "to consider those issues appropriate for an early site suitability hearing" 5_/ be postponed. Counsel for the State of Oregon and Mr. Lloyd K. Marbet have authorized the Staff to state that they have no objection to a postponement of the prehearing conference. However, it is Staff counsel's understanding that they may file responses to this motion setting forth their respective views regarding certain aspects of the pleading. Counsel for Applicant would not consent to the granting of Staff's motion. Accordingly, in view of the pendency of the prehearing, the Staff suggests that the Board may wish to set up =a conference call to hear Applicant's objections to the instant motion. Respectfully submitted, Bernard M. Bordenick Counsel for NRC Staff Dated at !!ethesda, Maryland this_15th day of July, 1980 SLicensing Board-Order Scheduling a Prehearing Conference" issued on-June 23, 1980.
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- 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 MOTION FOR POSTPONEMENT OF PRETRIAL CONFERENCE" 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, through deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of July,1980:
- Elizabeth S. Bowers, Esq.
Atomic Safety and Licensing Board
- Richard S. Salzman, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Washington, D. C. 20555 Board U. S. Nuclear Regulatory Commission Dr. William E. Martin Washington, D. C. 20555 Senior Ecologist Battelle Memorial Institute James W. Durham, Esq./ Warren Hastings, Esq. Columbus, Ohio 43201 Portland General Electric Company 121 S.W. Salmon Street Dr. Walter H. Jordan TB17 881 West Outer Drive Portland, Oregon 97204 Oak Ridge, Tennessee 37830 Frank N. Ostrander, Jr., 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 l ' U. S. Nuclear Regulatory Commission Washington, D. C. 20555 J. Carl Freedman ) Sox 553 Cannon Beach, Oregon 97110 a.
~ 2 Mr. Lloyd K. Marbet
- Atomic Safety and Licensing Forelaws on Board Apoeal Panel 19142 S. Bakers Ferry Road U.
S'. Nuclear Regulatory Commission Boring, Oregon 97009 Washington, D. C. 20555 Frank Josselson, Eso.
- Atomic Safety and Licensing.
William L. Hallmark, Esq. Board Panel R. Elaine Hallmark, Esq. U. S. Nuclear Regulatory Commission 8th Floor Washinnton, D. C. 20555 One Southwest Columbia Portland, Oregon 97258
- Docketing and Service Section Office of the Secretary Ms. Bernice Ireland U. S. Nuclear Regulatory Commission Coalition for Safe Power Washinoton, D. C.
20555 10544 N.E. Simpson Portland, Oregon 97220 Kathleen H. Shea, Eso. Lowenstein, Newman, Reis & Axelrad L1025 Connecticut Avenue, N.W. Washington, D. C. 20036 h M B(rnard M. Borcenick Counsel for NRC Staff .a.'.. t ..LO'. = - -}}