ML19345E845
| ML19345E845 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 01/30/1981 |
| From: | Brown L, Sherwood M JONES, BROWN & CLIFFORD, Sierra Club |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102060261 | |
| Download: ML19345E845 (3) | |
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UNITED STATES OF AMERICA Q
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NUCLEAR REGULATORY COMMISSION H
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9 BEFORETHEATOMICSAFETYANDLICENSINGBOARDk
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In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANi j
Docke t No. 50-133
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License No. DPR (Humboldt Bay Power Plant, Unit No. 3)
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FEB 041081 m g INTERVENORS' RESPONSE TO NRC STAFF RESPONSE TC APPLICANT'S MOTION TO WITHDRAW APPLICATION gm ma.gw jQq)
FOR LICENSE AMENDMENT s'lQ 3/
.ag.,py Intervenors have received the NRC Staff Response tv Applicant's Motion to Withdraw Application for License Amend-ment, dated January 21, 1981.
Staff dismisses Intervenors' contention that this Board should terminate these proceedings with prejudice, rather than without prejudice as PG&E requests, by asserting that "this Board lacks the jurisdiction, and any evidentiary basis, to grant the relief requested by the Intervenors."
We wish to make two points in rebuttal to this assertion.
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1.
The very regulation pursuant to which PG&E brings its present motion to withdraw its application, and that PG&E itself cites as giving the Board jurisdiction to rule on its motion, expressly allows the Board to " deny the application or dismiss it with prejudice'."
10 C.F.R. S 2.107(a).
2.
The Board does not lack "any evidentiary basis" to support terminating the proceedings with prejudice.
To the f "1I?'E N
. contrary, the Board has before it the most cor.clusive evidence possible for this purpose, to wit admissions against interest made by PG&E itself, contained in two massives studies prepared by PG&E and statements made to the Board by counsel for PG&E in the pending Motion.
This evidence is discussed in_ detail in Intervenors' Answer in Response to Motion to Withdraw Appli-cation for License Amendment.
In short, PG&E has admitted that it cannot demonstrate that the Humboldt Bay plant is safe, and, 1.
furthermore, that PG&E has no present intention of doing wnat is required to make that demonstration, in violation of.the 4
S terms of its license and the Commission's regulations and o rde rs.
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Intervenors therefore respectfully submit that this Board has both the jurisdiction and ample factual-justification.
to deny PG&E's motion on the merits and to terminate the pro-i ceedings with prejudice.
Dated:
January 30, 1981.
Respectfully submitted, LINDA J.
BROWN, ESQ.
Jones, Brown & Clifford 100 Van Ness Avenue, 19th Floor.
San Francisco, CAL 94102-Telephone:
(415) 431-5310 MICHAEL R.
SHERWOOD,'ESQ.
Sierra Club Legal Defense Fund, Inc.
'311 California Street, Suite 311 San Francisco, CA 94104
' Telephone:
(415) 398-1411
((!de By h oc MICHAEL R.
SHE3k?CO D 4
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD p
In the Matter of
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket No. 50-133
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License No. DPR-7 (Humboldt Bay Power Plant, Unit No. 3)
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CERTIFICATE'OF SERVICE The foregoing document, Intervenors' Response to NRC Scaff Response to Applicant's Motion to Withdraw Application for License Amendment, has been served today on the following by depo-sit in the United Stat 0s mail properly stamped and addressed:
Richard F.
Locke, Esq.
Robert M.
La zo, Esq. Chairman Counsel for PG&E Atomic Safety and Licensing 77 Beale St.,
3:.st Floor Board Panel San Francisec, CA 94106 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Steve Goldberg, Esq.
Office of Executive Legal Gustave A.
Linenberger, Member Director Atomic' Safety and Licensing BETH 042 Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20055 Dr. David R. Schink, Member Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory.
Board Panel l
Commission Texas A &-M University Department of Oceanography Washli.gton, D.C.
20555 Attn:
Docketing and Service College Station, TX. 77840-I Section l
Da ted :
January 30, 1981 rif
. U4'1AJ0CG MICHAEL R.
SHERWOOD j
Attorney for Intervenors-E 7*
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