ML19345A996

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Order Granting Licensee Motion to Hold Proceeding in Abeyance Until 801231.ASLB Withdraws Order to Joint Intervenors to File Amended Contentions within 45 Days of Receipt of Woodward-Clyde Consultants Rept
ML19345A996
Person / Time
Site: Humboldt Bay
Issue date: 11/18/1980
From: Lazo R
Atomic Safety and Licensing Board Panel
To:
PACIFIC GAS & ELECTRIC CO.
References
NUDOCS 8011250584
Download: ML19345A996 (3)


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00027ED UNITED STATES OF AMERICA fA usgpe 9

NUCLEAR REGULATORY COMMISSION Z

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ATOMIC SAFETY AND LICENSING BOARD Robert M. Lazo, Esquire, Chairman

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Mr. Gustave A. Linenberge;, Member

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In the Matter of

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Docket No. 50-133 PACIFIC GAS-AND ELECTRIC COMPANY

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(Amendment to Facility Operating I3

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(Humboldt Bay Power Plant,

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Unit No. 3)

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November 18, 1980

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MEMORANDUM AND ORDER Pursuant to Board Order, the Licensee on October 6,1980, submitted the Report of its consultant, Woodward-Clyde Consultants (WCC), entitled,

" Evaluation of the Potential for Resolving the Geologic and Seismic Issues

_at the Humboldt Bay Power Plant, Unit 3", dated October 1,1980. The appen-dices to the report were filed on October 20, 1980.

Accompanying the WCC Report was a motion by Licensee to hold this proceeding in abeyance until December 31, 1980, on the grounds that addi-tional studies are required to resolve the technical issues relating to geology and seismology and that more time is needed to assess the economic costs of returning the plant to operation.

In their response dated October 17, 1980, Joint Intervenors assert that it appears more evident than even that Licensee is simply unable to make the showing of seismic safety required for resumption of operation of the h

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' Humboldt Bay Power Plant, Unit No. 3, and urge that Licensee's Motion be denied.

The NRC Staff, on the other hand, interposes no objection to Licen-see's Motion to hold the proceeding in abeyance until December 31, 1980.

In its response dated October 21, 1980, the Staff points out that Licensee also has been ordered by the California Public Utilities Comission to con-duct a thorough review of the future commercial poteritial of the Humboldt facility and to report its findings to that agency by December 31, 1980.

Given this development, and the protracted history of this proceeding gen-erally, we believe that the Board and the parties similarly are entitled to an express comitment from the Licensee on the record by December 31, 1980, regarding its intentions to operate this plant again.

In addition, we recognize that the Licensee as well as the other parties will require some time to assess the effect that last week's earthquake may have on this proceeding.

In view of the above, the Licensee's Motion to hold this proceeding in abeyance until December 31, 1980, is hereby aranted. Accordingly, the Board hereby withdraws its order to Joint Intervenors to file amended con-tentions in the form of a supplement to their petition for leave to inter-vene within forty-five (45) days after recei't of the WCC Report. Whether that obligation will be reimposed depends upon the statement of Licensee's

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litigative position which the Board hereby orders Licensee to file by-December 31, 19P0.

It is so ORDERED.

.0R THE ATOMIC SAFETY AND LICENSING BOARD W

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Robe'rt M. Lazo, Chaig "

Dated at Bethesda, Maryland, this 18th day of November,1980.

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