ML19337A198
| ML19337A198 | |
| Person / Time | |
|---|---|
| Site: | 05000510, 05000511 |
| Issue date: | 09/05/1980 |
| From: | Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8009090245 | |
| Download: ML19337A198 (4) | |
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g UNITED STATES OF AMERICA NUCLEAR REGULATORY C')MMISSION t.
BEFORE THE ATOMIC' SAFETY AND LICENSING BOARD In the Matter'of-
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Docket Nos. STN 50-510
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STN 50-511 (Blue Hills Station, Units 1 and 2)
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- NRC STAFF MOTION FOR ISSUANCE OF PARTIAL. INITIAL DECISION The NRC Staff ' respectfully _ moves. the Atomic Safety and Licensing Board to issue'its partial initial decision concerning the issues of site suitability pursuant to 10 CFR E 2.101(a-1) on which hearing was held May 9,1979.
In the'presentLuncontested early site review case, all proposed findings of
' fac't.. conclusions of. law and. responses to ta oposed findings were filed by the parties by July 20,'1979.-
Since that time, no additional filings have been
-made on these dockets other than Board Eotifications submitted by the Staff, applicant's motion'for transcript corrections filed on August 22, 1979 and
.a Notice of. Withdrawal of Appearance by NRC Staff Attorney Lawrence Brenner
-filed on October 15, 1979._ During the period since July 29, 1979, no order nor any decision.has been issued by the Licensing Board in this proceeding.
Appendix A-to 10 CFR Part'2-E VI(d), indicates that a board will ordi-
'narily render a' decision'within 15 days'after the receipt of proposed findings incan une'ontested case and within 35 days in a contested case.
TWhile AppendixfA B'VI(d) is directed to-issuance'of " initial' decisions",
'the. guidance set'.forth in'this section'is, we believe,' equally applicable
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to the issuance of. partial initial decisions of the type involved here.1/
The Staff believes that in the interest of orderly resolution of this uncon-test'ed proceeding which has been pending for thirteen months, the Partial Initial Decision Concerning Site Suitability issues should be issued.
Accordingly, the Staff respectfully requests the issuance of such decision at the Licensing Board's earliest. convenience.
Respectfully submitted, T: ??(<'$ l Stuart A. Treby,
..,( U Assistant Chief Hearing Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of September, 1980 1! Cf. Kansas Gas and Electric Company, et al. (Wolf Creek Nuclear Generat-ing Station, Unit 1), ALAB-331, 3 NRC 771, 774 at n.4 (1976) (for appeal purposes under 10 CFR E 2.762, a " partial initial decision" paving the way for issuance of an LWA is within the intendment of that Section which refers only to appeals of " initial decisions"); Houston Lighting and Power Company (Allens Creek Nuclear Generating Station, Units 162),
ALAB-301, 2 NRC 853,~854 (1975) (although an early " partial initial decision" on site suitability issues might not authorize construction, it.nevertheless deals with legitimate interests that may be furthered by a. prompt determination, is significant, is appealable, and, absent appeal,_is subject to sua sponte review'by the appeal board).
UNITED STATES OF AMERICA NUCLEAR REGULATORY _ COMMISSION
,BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the' Matter of
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GULF STATES UTILITIES COMPANY
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Docket-Nos. STN 50-510
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STN 50-511
- (Blue Hills Station, Units 1 and 2)
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NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.
In accordance with 92.713(a), 10 CFR Part 2, the following information is provided:
Stuart A. Treby Name Address U. S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, DC 20555 Telephone Number Area Code 301 - 492-8661 Admission Supreme Court of the United States Court of Appeals for the State of New York Name of Party NRC Staff U. S. Nuclear. Regulatory Commission Washington, D. C.
20555
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,!< (,0f Stuart A. Treby f
AssistantChiefHearing[ounsel for NRC Staff Dated at Bethesda, Maryland 4
this 5th day of September,1980
r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GULF STATES UTILITIES COMPANY
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Docket Nos. STN 50-510
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STN 50-511 (Blue Hills Station, Units 1 and 2))
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR ISSUANCE OF PARTIAL INITIAL DECISION" and " NOTICE OF APPEARANCE" for Stuart A. Treby in the above-i 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 5th day of September, 1980:
Marshall E. Miller, Esq., Chairman
- Troy B. Conner, Jr., Esq.
Atomic Safety and Licensing Board Mark J. Wetterhahn, Esq.
U.S. Nuclear Regulatory Comission Conner, Moore & Corber Washington, DC 20Cb5 1747 Pennsylvania Avenue, N.W.
Suite 1050 Dr. Linda W. Little Washington, DC 20006 5000 Hermitage Drive Raleigh, NC 27612 Atomic Safety and Licensing Board Panel
- Mark White, Esq., Attonrey U.S. Nuclear Regulatory Commission General of Texas Washington, DC 20555 Richard Lowerre, Esq.
Assistant Attorney General Atomic Safety and Licensing Appeal Environmental Protection Division Panel (5)
P.O. Box 12548 U.S. Nuclear Regulatory Commission Austin, TX 78711 Washington, DC 20555 Stanley Plettman, Esq.
Docketing and Service Section (7)*
Orgain, Bell and Tucker Office of the Secretary Beaumont Savings Building U.S. Nuclear Regulatory Commission Beaumont, TX 77701 Washington, DC 20555
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. k f ?V. & ih /JL; Stuart A. Treby 7
Assistant Chief Hearing Counsel for NRC Staff