ML19341A484
| ML19341A484 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 01/21/1981 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8101230642 | |
| Download: ML19341A484 (4) | |
Text
01/21/81 UNITED STATES OF AMERICA s,
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD fy In the Matter of PACIFIC GAS AND ELECTRIC
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Docket No. 5 133,#' k?ggI y
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(Humboldt Bay Power Plant,
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Unit No. 3)
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NRC STAFF RESPONSE TO APPLICANT'S MOTION TO WITHDRAW APPLICATION FOR LICENSE AMENDMENT On December 31, 1980, the Applicant filed a motion, pursuant to 10 CFR S 2.107, to withdraw its license amendment application to permit resumption of operation of the Humboldt Bay Power Plant and to thereby terminate the captioned proceeding without prejudice.
The NRC Staff has no objection to the withdrawal of the subject application nor the termination of this proceeding.
Intervenors oppose the motion to tenninate the proceeding without prejudice.1 Intervenors urge that this Board terminate the proceeding with prejudice by ordering the Applicant to insnediately decommission the Humboldt Bay plant. The Staff submits that this Board lacks the jurisdiction, and any evidentiary basis, to grant the relief requested by the Intervenors.
The Board derives its jurisdiction in this matter solely from the i
Commission's June 9,1977 notice of opportunity for hearing in connection with the license amendment application which forms the subject of this proceeding. 2_/ This application seeks the renoval of the present license 1/
See Intervenors' response to the present motion, dated January 15, 1981.
-2/
Northern Indiana Public Service Co. (Bailly Generating Station, Nuclear 1), ALAB-619,12 NRC (November 20, 1980).
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i restriction on plant operation.
I The Applicant currently possesses a valid operating license for i
Humboldt Bay which will expire on November 9, 2000. Whatever the dis-position is of this proceeding, it cannot operate to terminate the Denial of operating license itself nor accelerate its expiration date.
the license amendment or its withdrawal merely restores the status quo at the facility relative to the activities which can and cannot be perfonned there. The initiation of decommissioning procedures must be pursued in a separate context and in a separate forum. 3/
Respectfully submitted,
, W f.4l-Steven C. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 21st day of January 1981.
i 3/
See 10 C.F.R.5% 2.202 (order to show cause), 2.206 (request for action),
l and 50.82 (application for termination of license).
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
In the Matter of PACIFIC GAS AtlD ELECTRIC
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Docket No. 50-133 COMPAllY (Humboldt Bay Power Plant, J
Unit No. 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO APPLICANT'S MOTION TO WITHDRAW APPLICATION FOR LICENSE AMENDMENT in the above-captioned proceeding have been served on the following by deoosit 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 21st day of January 1981.
- Robert M. Lazo, Eso., Chairman Linda J. Brown, Esq.
Atomic Safety and Licensing Board Donohoe, Jones, Brown & Clifford U.S. Nuclear Regulatory Comission 100 Van Ness Avenue, 19th Floor l
Washington, D.C.
20555 San Francisco, California 94102
- Mr. Gustave A. Linenberger Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Atomic Safety and Licensing Dr. David R. Schink Board Panel Department of Oceanography U.S. Nuclear Regulatory Comission Texas A & M University College Station, Texas 77840 Washington, D.C.
20555
- Atomic Safety and Licensing Philip A. Crane, Jr., Esq.
Appeal Board Pacific Gas and Electric Company U.S. Nuclear Regulatory Comission 77 Beale Street - Room 3127 San Francisco, California 94106 Washington, D.C.
20555 cha Sherwood, Esq.
Friends of the Earth epy Attn: Andrew Baldwin Legal Defense Fund, Inc.
t e 311 California Street, Suite 311 n
c Camornia 94105 San Francisco, California 94104 i
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- Docketing and Service Section Bruce Norton, Esq.
Office of the Secretary 3216 N. Third Street, Suite 202 U.S. Nuclear Regulatory Comission Phoenix, Arizona 85012 Washington, D.C.
20555 AhiY i
Steven C. reldbarg
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Counsel for NRC Staff i
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