ML19338D664
| ML19338D664 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 09/18/1980 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OLA, NUDOCS 8009230625 | |
| Download: ML19338D664 (3) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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gy ATOMIC SAFETY AND LICENSING BOARD bh
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g Robert M. Lazo, Esq., Chairman Yg Dr. David L. Hetrick g
Dr. Quentin J. Stober M I Ng
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Np/gl000 In the Matter of NORTHERN STATES POWER COMPANY Docket Nos. 50-282-OLA 1
50-306-OLA (Prairie Island Nuclear Generating h
Plant Unit Nos.1 and 2)
J September 18, 1980
')
MEMORANDUM AND ORDER On August 6,1980, a prehearing conference in which all parties and petitioners attended and participated was held in the above-identified. pro-ceeding in St. Paul, Minnesota. At the prehearing conference, counsel for the parties, Northbrn States Power Company (Licensee), the Nuclear Regula-tory Comission Staff (NRC Staff) and counsel for the State of Minnesota, by its Attorney General and its Minnesota Pollution Control Agency (Peti-tioner), advised the Atomic Safety ar.d Licensing Board (Board) that Licensee had proposed a settlement agreement which, if adopted by the participants, i
would result in the withdrawal of the request for hearing in this case.
NRC 3 Staff supported the agreement. Counsel for the Petitioner stated that she would recommend the settlement agreement to her client, the Minnesota Pollu-
' tion Control Agency Board (MPCA Board), at its next meeting on August 26, 1980.
- , Licensee thereupon proposed that further action in this. proceeding be held
'7 in abeyance until the MPCA Board had an opportunity to consider the proposed 4
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t 2-stipulation at its meeting of August 26, 1980, but that if the stipulation were not signed because of action by the MPCA Board, that action in this proceeding would restart immediately.
On August 28, 1980 Petitioner advised the Board that the MPCA Board.
did not take final action of acceptance or rejection.of the proposed settle-ment at its last meet) :) held on August 26, 1980, that such settlement will
' again be considered at 1ie next meeting scheduled for September 23, 1980, and moved that the Board-take no. further action pending action by the MPCA Board at its September 23 1980, meeting.
In its answer filed on Septem-ber 4,1980, the Licensee strenuously opposes this motion.
The NRC Staff on the other hand has filed an answer dated September 8,1980, supporting the Petitioner's motion.
Licensee recognizes that a settlement of this proceeding without the necessity for hearing would save all concerned considerable time, effort and money but is concerned that a delay could have detrimental effects to Licensee's plans for the reracking of both spent fuel pools in an empty condition. The NRC Staff, however, has assured us that the delay until September 23, 1980, will not delay the Staff's review of the requested amendment to the facility's technical specifications.
It appears to us that the Petitioner's request is a reasonable one and that the delay in this proceeding will not be overly extended. Accordingly, Petitioner's motion'of August 28, 1980, is granted.
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e 3-V In the event that the,MPCA Board does not approve the proposed settle -
ment agreement at its meeting of September 23, Petitioner shall file a reply to Licensee's objections to Contention 1 by October 1,1980.
It is so ORDERED..
FOR THE ATOMIC SAFETY AND LICENSING BOARD Robert M. L' azo, Chairg Dated at Bethesda. Maryland, this 18th day of September,1980.
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