ML19346A049
| ML19346A049 | |
| Person / Time | |
|---|---|
| Site: | 05000514, 05000515 |
| Issue date: | 05/22/1981 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8106040464 | |
| Download: ML19346A049 (5) | |
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UllITED STATES OF A!! ERICA.
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- .9 BEFORE THE ATO1IC SAFETY AllD LICEllSIfiG ea 4
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Ir. the Matter of N GV NRTLAlio GE:4ERAL ELECTRIC
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Docket tios. 50-514 i
C0;1PAiiY, E AL,.
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50-515 (Peoble Springs fluclear Plant, Units 1 and 2)
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5 fiRC STAFF VIEWS Ott APPLICAi4TS'
" RESP 0liSE TO BOARD'S ORDER OF APRIL 28, 1981" It1TR00VCTIO:1 Applicants on May 14, 1981, responded to the Atomic Safety and Licensing Board's (Board) Order dated April 23,1981.1/
In its Order the Board "* * * ' called] to the attention of the parties and in particular PGE a recent iten in flucleonics Week."2/ The substance of tne l
article was that a report, released by tne Securities Research Division of Merrill Lynch, indicated that cancellation of some proposed nuclear plants could improva tne near-term financial situation of some utilities.
The ilucleanics Week article, as quoted by tne Board's Order, stated that 1_/
" Order Relative to PGE's Future Plan for Pebble Springs."
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The article appeared in Volune 22, rio.13 dated April 2,1981.
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A 2-Portland General Electric would benefit from cancellation of Pebole Springs-1 and 2, in wnich it owns najority shares, because the company " appears to have sote ' wait-and-see' room" in its reserve margin. Tne project lacks a construction permit and, as a result of a Noveaber Oregon referendun, in unich voters banned construction of new nuclear plants in the state, also lacks a site. Merrill
'ynch believes PGE nas capacity enough to allow for an " orderly study of alternatives," whether these be selection of a new site, a court cnallenge of the referendun, or permanent cancellation. With a new site, PGE could likely transfer about 97% of the dollars already spent, the report estimates.
The Board's Order then went on to note and inquire as follows:
The article d:es not explain who instigated or sponsored tne report.
If the utilities nentioned in the report sere responsible for its development, then we belie /e it is particularly appropriate for this Board to inquire what impact, if any, the conclusions in tne report may have on the fJture planning of the Pebble Springs facility? Even if PGE was not involved in sponsoring the report, have tne conclusions affected the future planning for Pe: ole Springs?
I Finally tne Board ordered PGE to respond to its inquiry as soon as practicaole. This was done on fiay 14, 1931, and PGE has cade it clear that it did not instigate or sponsor the report and that the conclusions of the report have not affected the future planning for Pebble Springs.
Tne otner parties to this proceeding were given an opportunity by the Board to respond to the Applicant's statenents.
Following are the l
Staff's views on Applicants response.
DISCUSSION 2
The Staff views PGE's May 14, 1931 filing as responsive to the i
Board's Order and an anequivocal statenent tnat tney nave not acandoned the proposed Pebble Springs facility and have no near term plans for any
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such abandonnent.
In view of PGE's response, and in the absence of any additional information, tne Staff has no basis at this time for concluding tnat Pebble Sorines is not a viable project.
C0iCLUSI0'l The Board should expeditiously proceed with its consideration of the
" Stipulation Regarding Contentions and Scheduling" (regarding alternative sites) wnich has jointly been subaitted by Applicants, Staff and Intervenors.1/
Respectfully submitted, l
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Bernard M. Bordenick Counsel for !4RC Staff i
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Dated at Bethesda, tiaryland tnis 22nd day of May, 1981.
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Consideration of Intervenors' proposed Contention AS-6 (tne " Class 9" contention) nust, of course, be deferred. See the Board's " Order Relative to Intervenor's Request for Additional Time" dated May 13, 1981.
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UNITED STATES OF A!! ERICA NUCLEAR REGULATORY COMMISSION 3EFORE THE ATOtIC SAFETY AND LICENSING BOARD In the Matter of
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PORTLAN9 GENERAL ELECTRIC
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Docket Nos. 50-514 C3iP4JY, ET AL.
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50-515
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(Pebole Springs Nuclear Plant,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I.iereby certify that copies of "NRC STAFF VIEWS ON 'iPLICANTS' ' RESPONSE 70 30AR3'S ORDER OF APRIL 28, 1931'" in the above-c.ptioned proceeding have been served on the following by deposit in :Pe United States cail, first class, or as indicated by an asterisk, by deposit in tne Nuclear Reguletory Commission internal cail systen, this 22nd day of liay,1981:
Elizabeth S. Bowers, Esq.*
Ricnard S. Sal: man, Esq.*
Ataaic Safety and Licensing Soted Atocic Safety and Licensing U.S. Nuc' ear Regulatory Commission Appeal Board Wasnington, DC 20555 U.S. Nuclear Regulatory Commission Wasnington, DC 20555 Dr. Willian E. Martin Senior Ecologist Jaces W. Durnan, Esq.
Sattalle Memorial Institute Warren Hastings, Esq.
Colunbus, Ohio 3201 Portland General Electric Conpany 121 S.W. Salnen Street, 7317 Dr. Walter H. Jordan Portland, Oregon 97204 381 West Guter Drive Oak Ridge, TN 37830 Frani W. Ostrander, Jr., Esq.
Departnent of Justice Alan S. Rosentnal, Esq., Chairnan*
520 S.W. Yannill Atonic Safety and Licensing Portland, Oregon 97204 Appeal Board U.S. Nuclear Regulatory Conaission ifr. Donald W. Godard, Supervisor Wasnington, DC 20555 Siting and Regulation Department of Energy Dr. Lawrence R. Quarles*
Roon lil, Labor & Industries Sidg.
Atamic Safety and Licensing Salem, Oregon 97310 Appeal Board U.S. Nuclear Regulatory Concission Washington, DC 20555
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0 Mr. Lloyd K. Marbet J. Carl Freedman Forelaws on Board Box 553 19142 S. Sakers Ferry Road Cannon Beach, Oregon 97110 Borino, Oregon 97009 Frank Josselson, Esq.
Ms. Bernice Ireland William L. Hallmark, Esq.
Coalition for Safe Power R. Elaine Hallmark, Esq.
10544 ti.E. Simpson One Southwest Columbia, 8tn Floor Portland, Oregon 97220 Portland, Oregon 9725d Atomic Safety and Licensing Kathleen H. Shea, Esq.
30ard Panel
- Lowenstein, flewman, Reis, U.S. fluclear Regulatory Commission
& Axelrad Washington, DC 20555 1025 Connecticut Avenue, N.W.
Washington, DC 20036 Atomic Safety and Licensing Appeal Board
- Docketing and Service Section*
U.S. iluclear Regulatory Commission Office of the Secretary Washington, DC 20555 U.S. '4uclear Regulatory Commission
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Washington, DC 20555 M
Bernard M. Bordenick Counsel for tiRC Staff l
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