ML19347A677
| ML19347A677 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 09/25/1980 |
| From: | Heistand O DAIRYLAND POWER COOPERATIVE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-FTOL, NUDOCS 8009300008 | |
| Download: ML19347A677 (6) | |
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$EP 2 5193, g' NUCLEAR REGULATORY COMMISSION Off:ce of the 3%ry
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Docketing & Service O
co Branch Before the Atomic Safety and Licensing Board g
In the Matter of
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DAIRYLAND POWER COOPERATIVE
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Docket No. 50-409
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(FTOL Proceeding)
(La Crosse Boili.g Water
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Reactor)
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APPLICANT'S RESPONSE TO CREC'S REQUEST FOR POSTPONEMENT OF FTOL PROCEEDING Pursuant to 10 CFR $2.730(c) Dairyland Power Cooperative (Dalryland or DPC), the holder of provisional operating license No. DPR-45 for the La Crosse Boiling Water Reactor (LACBWR) and 4
the applicant for a full term operating license (FTOL) for LACBWR in the above-captioned proceeding, hereby submits its response in support of the Coulee Region Energy Coalition's (CREC)
September 15, 1980 Request for Postponement of the FTOL Proceeding Schedule pending completion of the LACBWR Liquefaction Show Cause Proceeding.
In support of its position, Dairyland states as follows:
1.
In its request, CREC notes that it was admitted as an intervenor in the pending liequfaction show cause proceeding at the prehearing conference in that proceeding held at LACBWR on September 11, 1980.
An expedited discovery schedule designed to achieve an early resolution of the liquefaction issue was also established at that conference.
CREC asserts that it has in-sufficient resources to proceed with both the FTOL and Liquefaction Show Cause proceedings simultaneously and that Q
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. the resolution of the liquefaction issue should take precedence over the FTOL proceeding.
2.
Dairyland supports CREC's request.
The temporary suspension of the FTOL schedule at this juncture, pending the completion of the liquefaction show cause proceeding, would (1) foster the efficient utilization of the resources of all parties, as well as the Board, (2) be consistent with sound regulatory practice and Commission policy, and (3) be responsive to the priority ascribed to the resolution of the liquefaction issue by the Commission and the Board.
3.
CREC is the only intervenor in the FTOL proceeding and the Licensing Boards in both proceedings are comprised of the same members.
Thus, none of the parties nor Board members will be adversely affected or inconvenienced by the suspension.
On the other hand, the suspension of the FTOI. proceeding at this point in time will enable all parties to focus their time and efforts on the liquefaction issue, thereby assuring the develop-ment of a better record in that proceeding.
4.
Further, the NRC Staff safety evaluation report (SER) for the FTOL proceeding will not be issued until the Staff completes the Systematic Evaluation trogram (SEP) of eleven selected operating reactors, including LACBWR.
This program has been delayed and may not be completad until 1982.
The issuance of the SEP is a prerequisite to the commencement of the safety phase of the hearings in the FTOL proceeding.
Cf. Duke Power Co.,
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l (McGuire 1 & 2), LBP-77-20, 5 NRC 680 (1977).
Thus, a final decision in the FTOL proceeding will not be forthcoming for some time, regardless of whether the requested temporary sus-pension is granted.
Moreover, in its Initial Decision in the recently completed LACBWR spent fuel pool expansion proceed-ing, the Licensing Board specifically held that the potential benefits of continued operation of LACBWR during this interim period outweighed the potential costs and environmental impacts associated with continued operation pending a final decision in the FTOL proceeding.
Dairyland Power Cooperative (LACBWR SFP Amendment) Initial Decision (Jan. 10, 1980).
As a result, the normal public interest in a rapid decision in NRC licensing proceedings will not be adversely affected by the proposed sus-
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pension and the suspension is warranted from the standpoint of sound regulatory practice and prior Commission policy and case law precedents.
See e.g., Potomac Electric Power Co. (Douglas Point 1 & 2), ALAB-277, 1 NRC 539, 547 (1975).
5.
Finally, both the Commission and the Board have already recognized that priority should be attached to the resolu-
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tion of the liquefaction issue and that the liquefaction proceeding should be expedited (see e.g.,
Liquefaction Tr. 57); the Board itself has indicated that the resolution of the liquefaction issue
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could have a significant impact on the course of even the environmental phase of the FTOL proceeding (FTOL Tr. 1028-1038).
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. Given all of these circumstances it would be entirely appropriate to suspend the FTOL proceeding schedule as of the date of the CREC request pending the completion of the liquefaction show cause proceeding.
Accordingly, Dairyland supports CREC's request that the Board do so.
Counsel for Dairyland has discussed the CREC request with counsel for the NRC Staff and is authorized to state that the Staff also supports this request.
Respectful submitted, h 0. S. Hiestand Attorney for 8
'Dairyland Power Cooperative OF COUNSEL Kevin P. Gallen Morgan, Lewis & Bockius 1800 M Street, N.W.
Washington, D.C. 20036 Dated:
September 25, 1980 l
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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DAIRYLAND POWER COOPERATIVE
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Docket No. 50-409
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(FTOL Proceeding)
(La Crosse Boiling Water
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Reactor)
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CERTIFICATE OF SERVICE Service has on this day been effected by perscnal 4
delivery or first-class mail on the following persons:
Charles Bechhoefer, Esq., Chrm.
Docketing & Service Section Atomic Safety and Licensing Office of the Secretary i
Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission I,
Washington, D.C.
20555 Washington, D.C.
20555 l
Atomic Safety and Licensing Mr. Ralph S. Decker Board Panel i
Route 4 U.S. Nuclear Regulatory Box 190D Commission Cambridge, Maryland 21613 Washington, D.C.
20555 i
Dr. George C. Anderson Atomic Safety and Licensing Department of Oceanography Appeal Board University of Washington U.S. Nuclear Regulatory Seattle, Washington 98195 Commission Washington, D.C.
20555
.. Colleen Woodhead, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard Shimshak Plant Superintendent Dairyland Power Cooperative La Crosse Boiling Water Reactor Genoa, Wisconsin 54632 i
Fritz Schubert, Esquire Staff Attorney Diaryland Power Cooperative i
2615 East Avenue, South La Crosse, Wisconsin 54601 Coulee Region Energy Coalition P.O. Box 1583 La Crosse, Wisconsin 54601 Attn:
Anne Morse
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r 47f 0. S. Hiestand September 25, 1980 l
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