ML19351F112

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Notice of Intent to Participate as Interested State. Certificate of Svc Encl
ML19351F112
Person / Time
Site: Humboldt Bay
Issue date: 12/01/1980
From: Dumas G, Kerr J, Simpson J
CALIFORNIA, STATE OF
To:
References
NUDOCS 8012290518
Download: ML19351F112 (6)


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UNITED STATES OF AMERICA BEFORE THE g7 $fs%'oh,%

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NUCLEAR REGULATORY COMMISSION 1;1., 7 h,4 N

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In the matter of PACIFIC

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Dockets No.

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0F THE STATE OF CALIFORNIA AND THE PUBLIC UTILITIES CO?NISSION OF THE STATE OF CALIFORNIA 0F PARTICIPATION AS AN INTERESTED STATE JANICE E.

KERR J. CALVIN SIMPSON GRETCHEN T. DUMAS 5066 State Building San Francisco, California 94102 (415) 557-0470 Attorneys for the Public Utilities December 1, 1980 Commission of the State of California tPS og 8012290 jg

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UNITED STATES OF AMERICA BEFORE THE i-M.i i i

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In the matter of PACIFIC

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Dockets No.

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50-133 Unit No. 3

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NOTICE OF THE PEOPLE OF THE STATE OF CALIFORNIA AND THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA 0F PARTICIPATION AS AN INTERESTED STATE The People of the State of California and the Public Utilities Commission of the State of California (California) hereby give notice of participation as an interested state in this proceeding pursuant to Section 2.715(c) (10 CFR Section 2.715(c)), of the Nuclear Regulatory Commission's (NRC) Rules of Practice, and in support thereof allege:

I.

The names and mailing addresses of attorneys appearing herein on behalf of petitioners and upon whom service may be made are as follows:

Janice E. Kerr, Esq.

J. Calvin Simpson, Esq.

Gretchen T. Dumas, Esq.

California Public Utilities Commission 5066 State Building San Francisco, CA 94102 These attorneys are admitted to practice before the Supreme Court of the State of California.

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,n II.

The Public Utilities Commission is a state constitutional agency created by Article XII of the Constitution of the State of California.

Section 307 of the Public Utilities Code of the i

State of California empowers the Public Utilities Commission to appoint an attorney who shall represent and appear fo.r the People of the State and for that Commission.

Article XII also declares that private corporations and persons that own, operate, or control or manage a line, plant, cr system for the transmission or furnishing of heat, light,,or power are public utilities.

Such public utilities are subject to the intrastate rate, service, and safety jurisdiction of the California Public Utilities Commission.

The Pacific Gas'and Electric Company (PG&E), applicant herein, is a California public utility.

l III.

The Humboldt Bay Unit No. 3 is a 63 Mwe Boiling Water reacter owned by PG&E which began operation in California in the early lo60's after being granted a certificate of public convenience and necessity from the California Public Utilities Commission and a i

license to operate by the Atomic Energy Commission.

The plant i

operated until 1976 when it was shut down for refueling and seismic modification required by the NRC.

PG&E began.this current proceeding in an effort to get permission to return the unit to service.

To date no hearings have been held.

Instead, the proceeding was held i

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e in abeyance while PG&E conducted a thorough review of the geolcgic and seismologic issues raised by the NRC.

On October 1, 1980, the PG&E study was completed, and this proceeding was to go forward.

However, PG&E at that time requested a 3-month continuance to allow it to reassess the costs versus the beneN t= as raised by the results of the study.

The NRC granted this continuance.

Since the hearing phase in this proceeding has not gotten under way, California believes this application to be timely.

IV.

California, therefore, has a direct, vital and serious interest in whether or not the Humboldt Plant is returned to service.

At r ake are the energy, environmental, and economic interests cf the people of California.

V.

The California Public Utilities Comnission proposed participa-tion in this proceeding would fall within the scope of 10 CFR 2.715(c) which states:

"The presiding officer will afford a representa-tive of an interested State... a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the Commission without requiring the represen-tative to take a position with respect to the issues."

California hereby submits its Notice of Participation in this matter to the NRC.

California does not at this time wish to take a position with respect to any of the issues in this proceeding.

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t California additionally requests copies of all documents thus far submitted in this proceeding.

Respectfully submitted,

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JAMICE E. KERR Janice E. Kerr

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J. CALVIU SIMPSO" J. Calvin Simpson

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GRETCHEN T. DUMAS Gretchen T. Dumas 5066 State Building San Francisco, California 9L'_02 (415) 557-0470 Attorneys for the Public Utilities December 1, 1980 Commission of the State of California 1

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.s CERTIFICATE OF SERVICE BY MAIL I hereby certify that I have this day served the foregoing document upon all known parties of record in this proceeding by mailing by first-class mail a copy thereof properly addressed to each such party.

Dated at San Francisco, California, this 1st day"of December', 1980.

/s/

SANDRA L. MCQUEEN Sandra L. McQueen

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