ML19337A918

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Second Status Rept Re Environ Site Suitability Record,Per ASLB 790721 Order.Requests Approval of Schedule Agreed Upon by Parties for Proposed Findings.Further Status Rept Will Be Filed by 801117.Certificate of Svc Encl
ML19337A918
Person / Time
Site: 05000514, 05000515
Issue date: 09/30/1980
From: Bordenick B
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8010010010
Download: ML19337A918 (5)


Text

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9/30/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

E In the fiatter of

)

i PORTLAND GENERAL ELECTRIC Docket Nos. 50-514 COMPANY 50-515 (Peuble Springs Nuclear Plant, Units 1 and 2)

)

NRC STAFF'S SECOND STATUS REPORT AND REQUEST FOR SCHEDULE APPROVAL I.

INTRODUCTION This NRC Staff Second Status Report is filed pursuant to the Licensing Board's Order of July 21, 1979.

II.

DISCUSSION With regard to those areas of the environmental-site suitability record of this proceeding that are closed, discussions among the narties were held in an attempt to arrive at:

(a) an identification of those issues where a Partial Initial Decision by the Licensing Board would be appropriate (or inappropriate 1

as the case may be) and (b) a possible agreement as to a schedule for the filing of proposed findings of fact as to those issues. As a result of these discussions, the parties have determined that there is substantial threshold disagreement as to those areas of the record that are in fact closed, much less whether findings by the Board, in a Partial Initial Decision, would be appropriate at this time.,

However, subject to approval by the Board, the parties have agreed on a 1

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proposed procedure and schedule, set out below, for the purpose of filing 3

proposed findings which would set forth, inter alia, the respective parties' views on (a) whether the record as to a given issue is closed, and (b) whether proposed findings as to such issues would be appropriate.

If a party's view is that findings would be appropriate, proposed findings could be set forth for the Board's consideration. Likewise, a party could argue that it is inappropriate for the Board to make findings, but, in the alternative, set forth that party's proposed findings that it urges the Board to make on a given issue.

The filing schedule agreed to by the parties is as follows:

October 15, 1980 Applicant November 25, 1980 Staff January 15, 1981 State of OregonS February 6,1981 IntervenorsS III. CONCLUSION Pcovided the Board approves, the parties will file proposed findings, as out-lined above, in accordance with the schedule set out above.

Counsel for the Staff will keep the Board advised of further developments, as regards the S It is the Staff's understanding that the State of Oregon does not contemplate filing any proposed findings but desires, at this time, to preserve its options so to do as an interested State under 10 C.F.R. 2.715c.

i N e time sequence for the filing of proposed findings set out in 10 C.F.R.

Th 52.754 13 for the Staff to file its proposed findings last.

However, in 7

order to provide Intervenors with additional time within which to file proposed findings in this proceeding, the above schedule was agreed to among the parties.

subject matter of both this Status Report and the Status Report filed on

^;

August 135 1980, as they may occur.

In any event, we will file a furtbr*

Status Report with the Board by November 17, 1980.

Respectfully submitted, h

h Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland this 30th day of September,1980

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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0;dISS10N BEFORE THE ATOMIC SAFETY AND LICE *; SING C0ARD 5

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 SECOND STATUS REPORT AND REQUEST FOR SCHEDULE APPROVAL" 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 Connission's internal mail system, this 30th day of September,1980:

  • Elizabeth S. Bowers, Esq.

Atomic Safety and Licensing Board

  • Richard S. Salzman, Esr,.

U.S. Nuclear Regulatory Connission Atomic Safety and Liccasing Appeal Washington, D. C.

20555 Board U. S. Nuclear Regulatory Cx,7ission Dr. William E. Martin Washington, D. C.

20555 Senior Ecologist Battelle Memorial Institute James W. Durham, Esq./ Warren H stings, Esq.

Columbus, Ohio 43201 Portland General Electric Co. p.ny 121 S.W. Salmon Street Dr. Walter H. Jordan TB17 881 1.'est Outer Drive Portland, Oregon 97204 Dak 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. Danald W. Godard, Supervisor Siting and Regulation

  • Dr. Lawrence R. Quarles Department of Energy Atomic Safety and Licensing Appeal Room 111, Labor & Industries Sidg.

Board Salem, Oregon 97310 t

U. S. Nuclear Regulatory Com:nission Washington, D. C.

20555 J. Carl Freedaan Cox 553 r

Canncn Becch, Oregon 97110

r-2 1tr. Lloyd K. - liarbet

  • Atomic Safety and Licensing Ferclaws on Board Apoeal Panel l'142 S. Bakers Ferry Road U.

S'. fluclear Regulatory Comiiissicn Boring,pregon 97009 Was;.ington, D. C.

10555

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frank J6sselson, Esq.

  • Atomic Safety ar.d Licensing William L. Hallmark, Esq.

Board Panel R. Elaine Hallnark, Esq.

V. S. flucicar Regulatory Canaission 8th Floor

!!ashington, D. C.

20555 One Couthwest Columbia Portltnd, Oregon 97258

  • Docketing and Service Section Office of the Secretary -

!!s. Bernice Ireland ll. S. fluclear Rcjulatory Ccnnissirn Coalition for Safe Power Washinnton, D. C.

20555 10544 ft.E. 'Simpson Portland, Oregon 97220 Kathleen H. Shea, Esq.

Lowenstein, flewman, Reis

& Axelrad 25 Connecticut Avenue, ft.W.

1.'ashinoton. D. C.

20036

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Bernard M. bc,cdenick s

Counsel for NRC Staff l

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