ML19345F946

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Order Granting NRC 810212 Request for Addl Time to Respond to Forelaws on Board 810122 Motion to Suspend Proceedings. Forelaws on Board Time for Filing Proposed Findings of Fact Is Suspended
ML19345F946
Person / Time
Site: 05000514, 05000515
Issue date: 02/17/1981
From: Bowers E
Atomic Safety and Licensing Board Panel
To:
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
NUDOCS 8102190580
Download: ML19345F946 (2)


Text

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% ED FEBle UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0

ATOMIC SAFETY AND LICENSING BOARD cb Before Administrative Judges:

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"- I 3 I98I > k Elizabeth S. Bowers, Chairman I -;

Dr. Walter H. Jordan f.,

j Dr. William E. Martin Jq

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In the Matter of:

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PORTLAND GENERAL ELECTRIC COMPANY, Docket Nos. 50-514 ET AL.

50-515 (Pebble Springs Nuclear Plant,

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Units 1 and 2)

February 17, 1981 ORDER RELATIVE TO INTERVENORS MOTION FOR SUSPENSION OF FURTHER HEARINGS AND SUSPENSION OF PROPOSED FINDINGS OF FACT On January 22, 1981, Intervenor Forelaws on Board (F0B) moved for this Board to suspend further proceedings on Pebble Springs and to suspend the filing of proposed Findings of Fact by FOB because of the enactment of Measure 7 into law on November 4,1980.

FOB states that Measure 7 which relates to waste disposal and voter approval of sites plus the new Need for Power Standard adopted by the Oregon Energy Facility Siting Council on January 6,1981 precludes the " licensing or constructing of the Pebblb Springs Nuclear Plants in Oregon."

On February 6,1981, PGE responded in opposition to the motion pr.imarily on the bases that this is a delaying tactic by F0B and the federal proceeding is separate from internal matters in Oregon.

03 The response also mentions a related legal matter which has been 5

argued and is now awaiting decision in the Ninth Circuit Court of j Q Appeals.

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, On February 12, 1981, the Staff responded by requesting twenty (20) additional days to consider the matter of proceeding and requested the Board to reject F0B's request for suspension of filing proposed findings and to direct FOB to " file proposed findings of fact and conclusions of law on those matters of the environmental-site suita-bility portion of this proceeding where the record h closed."

This was apparently based on the assumption that FOB would choose to file if this matter proceeds.

The Board considers the Staff request for addition time as reasonable but until the question of going forward is settled sees no reason to hold FOB to a preset filing date for the proposed findings. After we have received the position of the Staff, we will issue an order on the future of the proceeding. At that time, the matter of FOS's filing will be considered. The F0B filing is now suspended.

It is this 17th day of February 1981 ORDERED That the Staff request for additional time is granted and the time for F08 filing proposed findings of fact is suspended.

FOR THE ATOMIC SAFETY AND LICENSING BOARD f M/&~

Eliza eth S. Bowers, Chairman ADMINISTRATIVE JUDGE

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