ML19331D886

Affidavit Stating That Proposed Settlement Will Be Placed on Next Mn Pollution Control Agency Monthly Meeting Agenda or Considered at Special Meeting for Affirmative Majority Vote of Board Members

ML19331D886
Person / Time
Site:	Prairie Island
Issue date:	08/28/1980
From:	Briemhurst L MINNESOTA, STATE OF
To:
Shared Package
ML19331D885	List: ML19331D884 ML19331D886
References
NUDOCS 8009030728
Download: ML19331D886 (2)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of DOCLET NOS. 50-282 50-306 NORTHERN STATES POWER COMPANY Prairie Island Nuclear AFFIDAVIT OF Generating Plant, Units 1 LOUIS J. BREIMHURST and 2 (Spent Fuel Pool Modification)

Louis J. Breimhurst, being duly sworn, deposes and states as tollows:

1. That he is the Deputy Executive Director of the Minnesota Pollution Control Agency (MPCA).

2. That the MPCA is a nine-member board. Under its rule of riocedure, Minn. Rule MPCA 3(b)(5)(v), an affirmative .vce ut a majority or all tne members is necessary in order to make any decision. Therefore, a vote of tive members is needed to adopt any proposed resolution. In the event a motion to adopt a resolu-tion receives less than five votes in its favor, the rule provides that the matter "shall be placed on the agenda of the next regular monthly meeting or considered at a special meeting."

3. That at the regular monthly meeting of the MPCA on August 26, 1980, the Board considered approval and adoption of the pro-posed settlement agreement between the State of Minnesota, Northern States Power Company (NSP) and the Nuclear Regulatory Commission Staff, one of the terms of which would result in the dtate ot alnnesota's withdrawal ot its request for a hearing in the above-captioned matter.

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4. That this proposed settlement was considered by the MPCA at a time when only six of its members were present.

5. That following a lengthy discussion of this matter, including public testimony, a resolution was introduced by motion of one of the MPCA members. The minutes of the meeting reflect tne following:

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.

6. That this motion was seconded and a vote taken thereon.

Four members voted in favor of the resolution, and two members voted against it. Under the MPCA rule cited above, this vote results in no decision by the P"^', c .' '.P.c r. _ '. L _ .au s t be placed on the agenda of the next regular monthly meeting or considered at a special meeting.

7. The MPCA 's next regular monthly meeting will be held on September 23, 1980, at wnich time the proposed settlement will again be presented to the MPCA boarc for consideration. ,

LOOlb J. BRElKriURST Deputy Executive Director Subscribed and sworn to before me this 28th day of August, 1980.

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