ML19331D884

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Motion to Hold Proceedings in Abeyance Until 800923,when Mn Pollution Control Agency Will Act on Settlement. Settlement,If Adopted,Would Result in Withdrawal of Hearing Request
ML19331D884
Person / Time
Site: Prairie Island  Xcel Energy icon.png
Issue date: 08/28/1980
From: Olson J, Senechal M, Spannaus W
MINNESOTA, STATE OF
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML19331D885 List:
References
NUDOCS 8009030726
Download: ML19331D884 (3)


Text

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DOCKET NOS.53-282 5G-306 Prairie Island Nuclear Generating Plant, Units 1 and 2 (Spent Fuel Fool Modification)

STATE OF MINNESOTA'S MOTION TO HOLD PROCEEDINGS OF THE LICENSING BOARD IN ABEYANCE PENDING MINNESOTA POLLUTION CONTROL AGENCY'S CONSIDERATION OF PROPOSED SETTLEMENT The State of Minnesota hereby moves the Atomic Safety and Licensing Board (Licensing Board) to hold its proceedings in the above-captioned matter in abeyance until September 23, 1980. This motio:. is inede un Lue vrounds set forth below and is supported by the Af fidavit of Louis J. Breimhurst, attached hereto.

I. GROUNDS FOR THE MOTION On August 6, 1980, a prehearing conference was held in the above-captioned proceeding in St. Paul, Minnesota. At the pre-hearing conference, the counsel for the parties to this pro-ceeding, Northern States Power Company ("NSP"), the Nuclear Regulatory Commission Staff ("NRC Staff") and the State of Minnesota, by its Attorney General and its Minnesota Pollution Control Agency (" Minnesota"), advised the Atomic Safety and Licensing Board (" Licensing Board") that NbP had proposed a cett1ctent agreement which, if adopted by the partics,uculd recult in the withdrawal of the request for hearing in this case, 8000030726

. o Counsel for the NRC Staf f stated that the agreement would be acceptable to the NRC Staff. Counsel for Minnesota stated that tney would recommend the agreement to their clients for adoption.

Counsel for Minnesota rurther stated that the Minnesota Pollution Control Agency Board ("MPCA Board") would be meeting on August 26, 1980, at which time the settlement would be presented to the MPCA Board for its consideration. The Licensing Board determined that it would take no rurther action in this proceeding pending action by the MPCA Board.

The proposed settlement was presented to the MPCA Board on August 26, 1980. (bee Af fidavit of Louis J. Breimhurst, August 28, 1980. Only six of the MPCA Board 's nine members were present.

([d.) Following a lengthy discussion of this matter, J..

following resolution was introduced by motion of one of the MPCA board members:

Following discussion, Ms. Watson moved that the Minnesota Pollution Control Agency remain in the hearing and continue to pursue Contentions I and II and not accept the proposed agreement.

(Id.) This motion was seconded and voted upon. Four members of tne MPCA board voted in favor of the resolution and two members voted agair. t it. (Id.) Under the MPCA 's Rules of Procedure ,

Minn. Rule MPCA 3(b)(b)(v), an affirmative vote of a majority of all of the members is needed to make any decision. In the event a

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matter receives less than five votes, the rule requires that the matter shall be placed on the agenda of the next regular monthly meeting or considered at a special meeting.

The MPCA Board 's next regular monthly meeting will be held on September 23, 1980, at which time the proposed settlement will again be presented to the MPCA Board for its consideration. (Id.)

Because there is a possibility that the MPCA Board will approve tne proposed settlement, it is reasonable to hold this proceeding in abeyance pending the September MPCA Board meeting.

II. CONCLUSION Based on the foregoing, the State of Minnesota hereby moves that the Licensing Board take no further action in this proceeding pending action by the HPCA Bo:uu at its septemoer 23, 1980, meeting.

Respectfully submitted Dated: August 28, 1980 WARREN SPANNAUS l

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Marl 'ne E. be.uctal Spec al Assista t Attorney Genera l

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celv. F. Olson peci 1 Assistant Attorney General 1

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