ML19332B228
| ML19332B228 | |
| Person / Time | |
|---|---|
| Site: | 05000471 |
| Issue date: | 09/24/1980 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8009260310 | |
| Download: ML19332B228 (5) | |
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t UNITED STATES OF AMERICA 9/24/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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BOSTON EDIS0N COMPANY, et al.
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Docket No. 50-471 (Pilgrim Nuclear Generating Station, Unit 2)
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NRC STAFF REPLY TO MOTION OF THE COMMONWEALTH OF MASSACHUSETTS TO SUPPLEMENT THE HEARING RECORD ON THE ISSUE OF NEED FOR POWER INTRODUCTION On September 3,1980, Intervenor Commonwealth of Massachusetts moved that the hearing record on the issue of need for the power to be generated by Pilgrim Nuclear Generating Station, Unit 2, be supplemented by inclusion of the latest ten year power demand forecasts prepared by Applicant Boston Edison Company and NEP00L. As set forth below, the Nuclear Regulatory Com-mission Staff does not oppose such supplementation of the record of hearing.
DISCUSSION On July 18, 1979, Applicant introduced three documents prepared by NEP00L forecasting electric energy demand for the New England area through the year 1989. Tr. 10740. On May 15, 1979, Applicant had served the Board and parties with copies of its own electric power forecasts through the year 1988. On March 14,1980, NEP00L prepared an update of the referenced forecast, and on May 1,1980, the Applicant updated its 1979 forecast of electric power needs and requirements.
Each of the updated documents indicated a reduction 8009260 N
in the annual growth rate in electrical energy requirements and in peak demand throughout the periods set forth in the referenced documents which are before the Licensing Board.
The Staff does not oppose the supplementation of the record with the Appli-cant's and NEP00L's updated forecasts. The evidentiary hearings in this con-struction permit proceeding devoted extensive consideration to the issue of need for the power to be generated by this proposed facility, relying in part upon the predecessors of the updated forecasts. Although not objecting to the requested relief, it is noted that the Staff does not support the conclu-sory or argumentative content of the Commonwealth of Massachusetts' Motion.
Further, the Staff does not view the updated forecasts as new information 1/
sufficient to meet the test for reopening the evidentiary record in this case.
While it is solely within the province of the Licensing Board to determine the need for supplemental proposed findings of fact, based upon the changed growth rates set forth in the updated forecasts, such a course is not required here. Although the evidentiary record has been closed for several months, further procedural delay is not merited-21 since this Board, in its discretion, can choose to proceed to issue a partial initial decision based upon the existing evidentiary record and all parties' proposed findings of fact, giving l
1/ See, a.g., Pacific Gas & Electric Company (Diablo Canyon Nuclear Power PTant, Units 1 and 2), ALAB-598, 11 NRC 876, 883-87 (1980); and Duke Power Company (Catawba Nuclear Station, Units 1 and 2), ALAB-359, 4 NRC 619(1976) and cases cited therein.
2] See cases cited in n. 1, infra.
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the updated forecasts such weight in the shaping of that partial initial de-cision as it deems warranted.
CONCLUSION For the above reasons, the Staff does not oppose supplementation of the record with' the updated demand forecasts sought to be introduced by Intervenor.~3/
Respectfully submitted,
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'?_w w Richard J. Goddard Counsel for NRC Staff Dated at Bethesda, Maryland September 24, 1980 4
1 3/ Counsel for the Applicant has informed Staff counsel that copies of each forecast will be served upon the Licensing Board and parties.
UNITED STATES OF A" ERICA NUCLEAR REGULATORY C0". MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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I iiOSTON EDISON COMPANY, et al.
Docket No. 50-471 (Pilgrim Nuclear Generating Station,
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Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF REPLY TO MOTION OF THE COMMON-WEALTH OF MASSACHUSETTS TO SUPPLEMENT THE HEARING RECORD ON THE ISSUE OF NEED FOR POWER" in the above-mentioned proceeding have been served on the following by deposit in the United States mail, first class or, as indi-cated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system,- this 24th day of September,1980.
Andrew C. Goodhope, Esq.
Henry Herrmann, Esq.
3320 Estelle Terrace Room 1045 Wheaton, Maryland 20906 50 Congress Street Boston, Massachusetts 02108 Dr. A. Dixon Callihan Mr. and Mrs Alan R. Clecton Union. Carbide Corporation 22 Mackintosh Street P. O. Box Y Franklin, Massachusetts 02038 Oak Ridge, Tennessee 37830 The Board of Selectmen
- Dr. Richard F. Cole Town of Plymouth Atomic Safety and Licensing Board Plymouth, Massachusetts 02360 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 William S. Abbott, Esq.
l 50 Congress Street, Suite 925 George H. Lewald, Esq.
Boston, Massachusetts 02109 Ropes & Gray 225 Franklin Street _
Boston, Massachusetts 02110 Michael B. Meyer Assistant Attorney General Dale G. Stoodley, Esq.
Utilities Division Boston Edison Company Public Protection Bureau 800 Boylston Street One Ashburton Place Boston, Massachusetts 02199 19th Floor Boston, Massachusetts 02108 a
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- Atomic Safety and Licensing
- Docketing and Service Section Appeal Board Office of the Secretary U. S. Nuclear Regulatory Commission U. S. fluclear Regulatory Commission Washington, D. C.
20555 Washingt.on, D. C.
20555
- Atomic Safety and Licensing Board Panel U. S. fluclear Regulatory Commission Washington, D. C.
20555 Assistant Attorney General Commonwealth of Massachusetts Mr. Lester B. Smith Director of Conservation.
Environmental Protection Division One Ashburton Place,19th Floor Massachusetts Wildlife Federation Boston, Massachusetts 02108 P.O. Box 343 fiatick, MA 01761 Francis S. Wright, Esq.
Stephen M. Leonard, Esq.
Assistant Attorneys General.
Environmental Protection Division Publ.c Protection Bureau One Ashburton Place, 19th Floor s
Boston,f4assachussetts 02108 Patrick J. Kenny, Esq.
General Counsel Massachusetts Governcr's Office of Energy Resources 73 Tremont Street Boston, Massachusetts 02108
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Richard J. -Goddard
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Counsel f'of NRC Staff i
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