ML19344D640

Forwards State of or Energy Facility Siting Council 800314 Order Suspending Further Proceedings in Site Certificate Application Until 810701.Certificate of Svc Encl

ML19344D640
Person / Time
Site:	05000514, 05000515
Issue date:	03/26/1980
From:	Sandvik R JUSTICE, DEPT. OF
To:	Bowers E Atomic Safety and Licensing Board Panel
References
NUDOCS 8004250375
Download: ML19344D640 (5)

Text

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JAMES A. REDDEN DC C;"CT ;;UT.!CZ2 -

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w DEPARTMENT OF JUSTICE PORTLAND DIVISION 500 Pacific Building 520 S.W. Yamhill Portland, Oregon 97204 Telephone: (503) 229-5725 March 26, 1980

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T' DOCKETED Elizabeth S. Bowers, Esq., Chairman S/ USNRC Atomic Safety and Li~ensing Board Panel 2 .

Nuclear Regulatory Conuaission ,- MAR 3 ;rgy ,  :

Washington, DC 20555 0' I

Re: Pebble Springs g Ornea NM ef tfe s&#1 hdeng g ,

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Dear Ms. Bowers:

N On March 14, 1980 Oregon's Energy Facility Siting Council issued an order suspending all further activities regarding the Pebble Springs case until July 1, 1981.

A copy of the Order is enclosed and copies have been served on all parties of record.

Very truly yours, c h *f Richard M. Sandvik Assistant Attorney General dg enclosure cc w/ enc: Pebble Springs Service List 8 0042 50 3 7 F

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{3 MAR 511980 > [

6 Office of the Seastan BEFORE THE ENERGY FACILITY SITING COUNCIL Dodeting & Semen Branch In the Matter of the Application )  % N of Portland General Electric ) ORDER SUSPENDIN N O Company, et al., for a Site ) PROCEEDINGS Certificate for the Pebble )

Springs Nuclear Power Plant )

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At the Energy Facility Siting Council's March 14, 1980 meeting, Councilmember Alfred Hampson suggested that the Council issus an order, on its own motion, suspending all further activities regarding the Pebble Springs case until at least July 1, 1981. He suggested a procedure whereby the suspension would continue for an indefinite number of six-month intervals after July 1, 1981, unless the proceeding was activated upon the written request of the applicant.

Mr. Hampson also suggested that the record produced to date be preserved and that if the record is activated, provision be made for any interested party to submit rebuttal testimony to studies prepared by the Oregon Department of Energy pursuant to House Bill 2570 dealing with the subjects of waste disposal and the Three-Mile Island accident.

Mr. Hampson stated that in formulating his proposal, he

( had spoken with other Council members, with the Oregon Depart-

, ment of Energy, with Portland General Electric Company (the lead applicant) and with Mr. Marbet of intervenor Forelaws on l Board.

l After Mr. Hampson's presentation, the Chair solicited the view of Portland General Electric Company on behalf of the 1 - ORDER

applicants, and of Forelaws on Board. The applicants and Forelaws on' Board supported the suggestion.

At the request of Councilmember Frank, the Council's legal advisor expressed his viewpoint that a suspension of ,

the type suggested was within the Council's legal authority, and was neither prohibited by nor inconsistent with House ,

Bill 2570. -

Based upon the roregoing, it is ORDERED:

(1) All further proceedings in the Pebble Springs site Certificate application pending before the Council, including Council deliberations, evidentiary hearings, procedural motions and decisions thereon, and the submiseion of rebuttal testimony to the reports prepared by the Oregon Department of Energy pursuant to Chapter 510, Oregon Laws 1979 (House Bill 2570) on the subjects of waste disposal and the Three-Mile Island accident be, and the same hereby are, suspended until

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July 1, 1981.

(2) After July 1, 1981, the suspension shall be extended automatically for an indefinite number of consecutive six-month periods, unless and until the applicant gives written notice to the EFSC that it wishes the Council to proceed to 9

a final decision on the merits of the Pebble Springs application.

Such written notice may not be given prior to the last business day of a suspension period.

(3) The evidentiary and procedural record developed -

to date in the Pebble Springs proceeding shall be preserved 2 - ORDER l

~

Y as of this date. In the event the proceeding is reactivated at the applicant's request, all parties shall be given the opportunity to place into the record testimony intended to rebut the Department of Energy's House Bill 2570 studies.  ;

ADOPTED by unanimous vote of the Energy Facility Siting Council on March 14, 1980.

t ENERGY FACILITY SITING COUNCIL by ,

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Bro Rap yel Milson', C.S.C., Chairman n

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e 3 - ORDER

CERTIFICATE OF SERVICE I hereby certify that true copies of " Order Suspending Proceedings" were served on the following parties of record by deposit in the United States Mail at Portland, Oregon, postage prepaid, on the 26th day of March, 1980. -

( Elizabeth S. Bowers, Esq., Chair. Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U. S. Nuclear Regulatory Comm'n Nuclear Regulatory Comm'n Washington, D. C. 20555 ,

Washington, DC 20555 "

Alan S. Rosenthal, Chairman l Dr. William E. Martin Atomic Safety and Licensing Senior Ecolocist Appeal Board Battelle Memorial Institute U. S. Nuclear Regulatory Comm'n Columbus, Ohio 43201 Washington, D. C. 20555 Dr. Walter H. Jordan Dr. Lawrence R. Quarles 881 West Outer Drive Atomic Safety and Licensing Oak Ridge, Tennessee 37830 Appeal Board U. S. Nuclear Regulatory Comm'n

• Bernard M. Bordenick, Esq. Washington, D. C. 20555 Counsel for NRC Staff U. S. Nuclear Regulatory Comm'n Richard S. Salzman Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Frank Josselson U. S. Nuclear Regulatory Comm'n William L. Hallmark Washington, D. C. 20555 R. Elaine Hallmark Eighth Floor Docketing and Service Section One Southwest Columbia Office of the Secretary Portland, Oregon 97258 U. S. Nuclear Regulatory Comm'n Washington, D. C. 20555 Atomic Safety and Licensing Board Panel Forelaws on Board US Nuclear Regulatory Comm'n Coalition for Safe Power Washington, DC 20555 Lloyd K. Marbet 19142 S. Bakers Ferry Road Warren Hastings Boring, Oregon 97009 Portland General Electric Company 121 SW Salmon Street Portland, Oregon 97204 .

RICHARD M. SANDVIK Assistant Attorney General l .