ML19350A292
| ML19350A292 | |
| Person / Time | |
|---|---|
| Site: | 05000514, 05000515 |
| Issue date: | 03/10/1981 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ORDER-810310, NUDOCS 8103130420 | |
| Download: ML19350A292 (3) | |
Text
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' G 1.' q' UNITED STATES OF A!' ERICA NUCLEAR REGULATORY COMMISSION
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ATOMIC SAFETY AND LICENSING BOARD j. e g g.
Before Administrative Judges:
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Elizabeth S. Bowers, Chairman eZ'
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Dr. Walter H. Jordan i i c e j :. - !
Dr. William E. Martin C
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In the Matter of:
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PORTLAND GENERAL ELECTRIC COMPANY, I
ef@g Docket Nos. 50-514 f
50-515 (Pebble Springs Nuclear Plant, f
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Units 1 and 2)
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March 10,1981 yt s.
ORDER RELATIVE TO IllTERVENOR'S N
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MOTION TO SUSPEND HEARINGS h
fj MlN On January 23, 1981, Intervenors moved the Licensing Board to suspend all further hearings and suspend the filing by Intervenors soon to be due proposed finding of fact and conclusions of law.
The motion was based on recent changes in Oregon.
The Intervenors state that Measure 7 (enacted into law on November 4,1980) relating to waste disposal and voter approval of sites plus the new Need for Power Standard adopted by the Oregon Energy Facility Siting Council precludes the " licensing or constructing of the Pebble Springs Nuclear Plant in Oregon." Intervenors argue it would be a drain on the resources of all parties to continue these hearings.
On February 6,1981, PGE opposed the motion primarily on the basis that Federal matters are separate from State matters and the Federal proceeding should go forward.
PGE views the Siting Council's action interesting Lut states it has no substantive legal bearing on the matter at hand.
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. On February 12, 1981, the NRC Staff requested twenty (20) additional days to consider the position of the parties and suggested to the Board in the meantime that the Intervenor should be required to submit proposed findings.
On February 17, 1981, the Board's Order granted the requested additional time requested by the Staff and suspended Intervenors obligation to file proposed findings. This Order was issued prior to the receipt of Inter-venor's proposed findings dated February 13, 1981. That matter is now moot.
On Marcs 4, 1981, the Staff submitted a filing in further respcnse to
'the Intervenor's motion. The Staff continued to support PGE's request to proceed on the early site review even assuming, arcuendo, that the Inter-venor is correct that PGE cannot now obtain requisite approvals from the State of Oregon. The Staff takes the position under Koshkonong and Douglas Point, PGE may engage in administrative proceedings before the Licensing Board while other State-and local developments are pending.M.
The Staff also takes the position that limited hearings will not necessarily constitute an unreasonable drain on the resources of any party. The Staff recommended Intervenor's motion seeking a suspension of furth'er hearings be denied.
While.the Board may speculate about the future of the Pebble Springs facility, its guidance in this matter is clearly enunciated by the Appeal
^ Board and the Commission in the Douglas Point and Koshkonong decisions.
M Wisconsin Electric Power Company, et al. (Koshkonong Nuclear Plants, Units 1 and 2), CLI-74-45, 8 AEC 928,71974); Potomac El ctric Power f
Company (Douglas Point Nuclear Generating Station, Units 1 and 2),
ALAB-277, l_.NRC; 539 (1975).
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We will proceed with site suitability issues which are ready for consideration I
at this time. The Intervenor's motion for suspension of further hearings is 4
denied.
The Staff stated that it has undertaken discussions with the other I
parties concerning contentions and a discovery and hearing schedule and believes that a stipulation can be filed in the near future. The Board l
commends the parties in their effort to reach agreements.
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IT IS'50 ORDERED.
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FOR THE ATOMIC SAFETY AND l
LICENSING BOARD i
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$hY Elizabeth S. Bowers ADMINISTRATIVE JUDGE l
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Dated at Bathesda, Maryland this 10th day of March 1981 I,
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