ML19347C587
| ML19347C587 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos, 07000754 File:GEH Hitachi icon.png |
| Issue date: | 12/24/1980 |
| From: | Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012310256 | |
| Download: ML19347C587 (5) | |
Text
-
12/24/80 3
3 3
UNITED STATES OF AMERICA 3
l2 NUCLEAR REGULATORY COMMISSION c
2 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
~~
.y bi
- 2 In the Matter of
)
I
)
Docket No. SC 70 GENERAL ELECTRIC COMPANY
)
Docket No.70-754
)
(Renewal of Operating License (Vallecitos Nuclear Center
)
No. TR-1 and of SNM-960)
NRC STAFF MOTION FOR ISSUANCE OF AN ORDER CONTAINING THE BOARD'S RULINGS GRANTING JOINT PETITION FOR LEAVE TO INTERVENE The NRC Staff (Staff) respectfully moves the Atomic Safety and Licensing Board (Board) to issue an 0.-der containing the Board's rulings granting the joint petition for leave to intervene filed on behalf of Nancy 1. yon, Jack Turk, the Alameda County Citizens Against Vallecitos, Joseph Buhowsky, Jr., East Bay Women for Peace, and the California Public Interest Research Group (Joint Petition).
On September 15, 1977, the Commission published a joint Notice of ConsideMt. ion of Applications for Renewal of Operating License and Special Nuclear Material License in connection with General Electric Company's (GE or Licensee) applications.for renewal of operating. license No. TR-1 authorizing operation of the General Electric Test Reactor (GETR) and Special Nuclear Material License No. SNM-960 authorizing the possession and use of specified quantities of special nuclear material 42 Fed. Reg. 46427. On October 14, 1977, a timely joint petition for leave to intervene was filed in both proceedings.
Responses to the joint petition wherein f
- 8012310J5G C-
e.
certain deficiencies were noted and the joint petition was opposed as then constituted were filed by the Staff on November ?3,1977 and by the Licensee on December 16, 1977. A prehearing conference was held on March 16, 1978 to consider the petitions for hearing responding to the Commission's Order i
to Show Cause dated October 24, 1977 requiring that GETR be placed in cold shutdown pending further Order of the Commission, a proceeding separate from the operating and SNM license renewal proceeding.
At this prehearing conference, the Board Chairman, / with regard to the joint petition in the renewal proceeding, stated as follows:
Now, this Board has not heretofore announced its deter-mination with respect to that petition to intervene. We do so today. The petition 1s granted.
A full statement of determination and the reasons for it, along with a statement of our views as to the proper parties and the admissible contentions will be issued by way of a formal order in the near future.
Tr. at 7.
During the period since March 16, 1978, no order nor any decision relating to the joint petition has been issued by the Board in this renewal proceeding.
The Board, on December 10, 1980, as amended December 15, 1980, issued a Notice of Second Prehearing Conference for January 5,1981 for the purpose of discussing all pending matters including further scheduling in the show cause proceeding.
In the event a contention is admitted in this renewal proceeding which is substantially the same as one of the issues in the show cause proceeding, it may be appropriate to consider whether consolida-
- j Edward Luton, Esq., was Chairman of both Boards established for the above show cause and renewal proceedings. He transferred to another Federal Agency where he is serving as an Administrative Law Judge and was unable to continue his service on these Boards. On August 7, 1979, the Boards were reconstituted in accordance with 10 CFR 5 2.721 by appointing Herbert Grossman, Esq. as Chairman of each Board.
tion of the proceedings under 10 CFR 6 2.716 would be warranted for the purpose of developing the record on such substantially similar matters. However, it is necessary to know what contentions have been admitted in this pro-ceeding for this matter to be considered further. Accordingly, the Staff respectfully requests the issuance of an order containing the Board's rulings granting the Joint Petition for leave to Intervene at the Board's earliest convenience.
Respectfully submitted,
/
(0/2$1 Stuart A. Treby Assistant Chief He ing Counsel Dated at Bethesda, Maryland this 24th day of December,1980
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket No. 50-70 GENERAL ELECTRIC COMPANY
)
Docket No.70-754
)
(Renewal of Operating Licensa (Vallecitos Nuclear Center
)
No. TR-1 and of SNM-960)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an-appearance in the captioned matter.
In accordance with is2.713(b),10 CFR Part 2, the following information is provided:
Stuart A. Treby Name U. S. Nuclear Regulatory Commission Address Office of the Executive Legal Director Washington, DC 20555 Telephone Number Area Code 301 - 492-8661 Supreme Court of the United States Admission Court of Appeals for the State of l
New York l
Name of Party NRC Staff j
U. S. Nuclear Regulatory Commission Washington, D. C.
20555 1[d W k
/
1 5tuart A. Treby
/
AssistantChiefHear/ngCounsel for NRC Staff Dated at Bethesda, Maryland l
this 24th day of December,1980 L
i
1 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l
In the Matter of
)
)
Docket No. 50-70 GENERAL ELECTRIC COMPANY
)
Docket No.70-754
)
(Renewal of Operating License (Vallecitos Nuclear Center
)
No. TR-1 and of SNM-960)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR ISSUANCE OF AN ORDER CONTAINING THE BOARD'S RULINGS GRANTING JOINT PETITION FOR LEAVE TO INTER-VENE" and " NOTICE OF APPEARANCE" for Stuart A. Treby in the., above-captioned proceeding have been served on the following by deposit in the United States I
mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 24th day of December,1980:
Herbert Grossman, Esq., Chairman
- Mr. Ken Wade Atomic Safety and Licensing Board 1735 New York Avenue, N.W.
U.S. Nuclear Regulatory Commission Room 503 Washington, DC 20555 Washington, DC 20006 Mr. Gustave A. Linenberger*
Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Harry Foreman Atomic Safety and Licensing Appeal Box 395, Mayo Panel (5)
University of Minnesota U.S. Nuclear Regulatory Commission Minneapolis, MN 55455 Washington, DC 20555 George Edgar, Esq.
Docketing and Service Section (7)*
Morgan, Lewis & Bockius Office of the Secretary 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 Jed Somit, Esq.
100 Bush Street - Suite 304 San Francisco, CA 94104 Mbfk 1
Stuart A. Treby
/
~
AssistantChiefHear7ngCounsel
-