ML20010F655
| ML20010F655 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 09/09/1981 |
| From: | Black R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20010F653 | List: |
| References | |
| NUDOCS 8109110094 | |
| Download: ML20010F655 (6) | |
Text
-.
i 09/09/81 UNITED STATES OF Af1 ERICA 1
NUCLEAR REGL'LATORY C0llMISSI014 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PUGET SOUL 4D POWER & LIGHT
)
Docket Nos. STN 50-522 COMPANY, ET AL.
STN 50-523 (Skagit Nuclear Power Project,
)
Units 1 and 2)
)
liRC STAFF RESPONSE TO C0ALITION FOR
_ SAFE POWER M0iION FOR SERVI Q OF DOCUMEl4TS On August 18, 1981, Coalition for Safe Power (CSP) filed a motion before both the U.S. Nuclear Regulatory Commiesion and the Atomic Safety and Licensing Board seeking an order directing the Applicant and the Staff to include CSP on their respective service lists.
CSP states that it was a party to the terminated Skagit proceedin,) and is a potential intervenor in the Skagit/Hanford proceeding which has not yet been noticed for hearing.
For the reasons set forth below, Staff submits that this motion should be denied as moot.
On July 16, 1980, the Applicants advised the Board that they will amend their application in this proceeding to change the proposed site of 1
the Skagit Project to a location on the Hanford Reservation near Richland, Washington. They further informed the Board that thcy expect to file the amendment to the application (the general information volume) by September 30, 1980, and that by September 30, 1980, they should be able to advise the Board of the anticipated schedule for filing the necessary amendments to t
I the Environmental Report and the Prelimincry Safety Analysis Report.
I dh094820909 K 05000522-o PDR f
. By Order of August 27, 1980, this Board issued an " Order Re Schedule and Related Matters" which provided in part:
d)
This proceeding shall be deemed to have been concluded insofar as the Skagit site is con-cerned and no further evidentiary hearings thereon are contemplated.
The Order further provided a date by whi;h the Applicants would amend their application to move the site of the project to the Hanford Reservation, called for otner reports by Applicants and stated that the Board anticipated scheduling a later prehearing conference to consider procedura? steps that shoul0 be taken prior to convening an evidentiary hearing to consider the Hanford Reservation site.E By reason of the above-mentioned Order, the Staff believes that this Licensing Board is vested with and has retained residual juris-diction with respect to the Skagit construction perr.it (CP) applications until a new notice of hearing is issued by the Comission which would establish jurisdictional authority in a licensing board for the Skagit/
Hanford proceeding that this motion is properly before this Board, instead of the Comission, for consideration and ruling. Accordingly, Staff has l
addressed this respons2 to the Licensing Board.
l In the former piaceeding involving the Skagit sii,et CSP was a Jo'nt
{
i Intervenor with Forelaws on Board (FOB).
All documents were served on l
l If The Commission has recognized the termination of this proceeding.
See Puget Sound Power & Light Co. (Skagit fluclear Power Project, Units 1 and 2), CLI-80-34, 12 !iRC 407 (1980).
l l
I l
l L
. Mr. Lloyd Marbet of FOB, as a representative of both Intervenors.
During the transition stage of this proceeding pending amendment of the application, all appropriate documents pertaining to the application and its amendment have continued to be served on Mr. Marbet on behalf of FOB and CSP.E The Staff as a matter of courtesy, pursuant to previous requests of CSP, has placed CSP on both its legal and licensing service lists.
Con-sequently, CSP is being served with all Staff documents and correspondence pertaining to the amended applications.
Since the relief requested by CSP is unnecessary the motion should be denied as moot.
Respectfully submitted,
/
k.,J&h b'e Richard L. Black Counsel for 14RC Staff Dated at Bethesda, Maryland this 9th day of September,1981.
2]
The Staff does not believe it has yet been shown that either F0B or CSP will have the requisite interest to be parties to this proceeding upon the removal of the proposed site of the project to the Hanford Reservation.
l l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
BEFORE THE.4T0]IC SAFETY AND LICENSING BOARD In the Matter of PUGET SOUND POWER & LIGHT
)
Docket Nos. STN 50-522 C011PANY, ET AL.
STN 50-523 (Skagit Nuclear Power Project,
)
Units 1 and 2)
)
CERTIFItATE OF SERVICE I hereby certify that copies of "flRC STAFF RESPONSE TO C0ALITION FOR SAFE POWEP, MOTION FOR SERVICE OF DOCUMENTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of September,1981:
Valent 1ne B. Deale, Esq., Chairman
- Donald W. Godard, Supervisor Administrative Judge Siting and Regulation Atomic Safety and Licensing Department of Energy Board Panel Room 111, Labor & Industries Bldg.
1001 Connecticut Avenue, N.W.
Salem, OR 97310 Washington, DC 20036 Mr. Gustave A. Linenberger*
Administrative Judge Warren Hastings, Esq.
Atomic Safety and Licensing Associate Corporate Counsel Board Panel Portland General Electric Company U.S. Nuclear Regulatory Commission 121 S.W. Salmon Street Washington, DC 20555 Portland, OR 97204 Dr. Frank F. Hooper
- Administrative Judge Atomic Safety and Licensing Mr. Lloyd K. Marbet Board Panel c/o Forelaws on Board School of Natural Resources 19142 S. Bakers Ferry Road University of Michigan Boring, OR 97009 Ann Arbor, MI 48190 Robert C. S:hofield, Director Patrick R. McMullen Skagit County Prosecuting Attorney Skagit County Prosecuting Attorney 120 W. Kincaid Street Courthouse Annex Mount Vernon, WA 98273 Mount Vernon, WA 38273
o Robert Lowenstein, Esq.
Roger M. Leed, Esq.
Lowenstein,llewman, Reis, Axelrad 1411 Fourth Avenue
& Toll Seattle, WA 98101 1025 Connecticut Avenue, N.W.
Suite 1214 James W. Durham, Esq.
Washington, DC 20036 Portland Seneral Electric Company 121 S.W. Salmon Street, TB17 Mr. Nicholas D. Lewis, Chairman Portland, OR 97204 Washington State Energy Facility Site Evaluation Council Charles O'Connell, Esq.
820 East Fifth Avenue Uffice of the Solicitor - Indian Olympia, WA 98504 Affairs Department of the Interior F. Theodore Thomsen, Esq.
Washington, DC 20240 Perkins, Coie, Stone, Olsen
& Williams Kevin M. Ryan, Esq.
1900 Washington Building Assistant Attorney General Seattle, WA 98101 Temple of Justice Olympia, WA 98504 Richard D. Bach, Esq.
Rives, Bonyhadi & Drummond Donald S. Means, Attorney for 1400 Public Service Building Swinomich Tribal Community 920 S.W. 6th Avenue P.O. Box 277 Portland, OR 97204 LaConner, WA 98257 Frank W. Ostrander, Jr., Esq.
Russell W. Busch, Esq.
State of Oregon Attorney for Upper Skagit Indian Department of Justice Tribe and Sauk-Suiattle Indian 500 Pacific Building Tribe 520 S.W. Yamhill Evergreen Legal Services Portland, OR 97204 520 Smith Tower Seattle, WA 98104 Canadian Consulate General h bert Graham, Vice-Consul Patrick Moore, Ph.D., President 412 Plaza 600 Greenpeace Foundation 6th & Stewart Street P.O. Box 34307 Seattle, WA 98101 2623 West 4th Avenue Vancouver, B.C.
V6K 1P8
_A
l 3-l l
Atomic Safety and Licensing Docketing and Service Section*
Board Panel
- Office of the Secretary U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Coalition for Safe Power Appeal Board
- Suite 527 Governor Building U.S. Nuclear Regulatory Comission 408 Southwest Second Avenue Washington, DC 20555 Portland, Oregon 97204 l / Ley;
/
/? /
>.,!.- w Edwin J. Reis-Assistant Chief Hearing Counsel G
.. -