ML20011A592

Motion for Voluntary Dismissal of Contentions 1,2,12,19,20, 21,23,24,25,27,28 & 29 W/Prejudice But W/Leave to File Addl Contentions.Draft Order & Certificate of Svc Encl

ML20011A592
Person / Time
Site:	Waterford
Issue date:	10/23/1981
From:	Larry Jones JOINT INTERVENORS - WATERFORD
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8110290159
Download: ML20011A592 (6)

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NUCLEAR REGULATORY COMMISSION f0C TibgyjCtl BEFORE THE ATOMIC SAFETY & LICENSING BOARD . N ll? 0 In the Matter of .

OCT2 7193;,, i LOUISIANA POWE'R & LIGHT COMPANY Docket No. 50-362 sc/ sir $$^*"  ;

(Waterford Steam Electric Station Unit 3)

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JOINT INTERVENORS MOTION FOR VOLUNTARY -i.

DISMISSAL OF CONTENTIONS Pursuant to its order dated September 12, 1979, this Board ruled on the admissibility of contentions filed prior to that - time by Joint ,

t Intervenors, Save Our Wetlands, Inc. (SOWL) and Oystershell Alliance, Inc. 1 (OA), Pursuant to that order, and as modified by agreement between all ,

parties herein, on May 31, 1979, the Joint Intervenors' contentions ,

t accepted at that time were contentions 1, 2, 8/9,12,17,19, 20, 21, 22, and '

23. -

Thereafter, by further submission dated December 10, 1979, and based upon conference with the Applicant, Joint Intervenors submitted additional contentions 24, 25, 26, 27, 28, and 29.

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On August 21, 1981, Applicant moved for summary dismissal of contentions 22 and 28. These motions were unopposed by Joint Intervenors, l

and by order dated September 30,1981, contention 28 (Control of Hydrogen Gas) was dismissed for reasons stated in the Board's memorandum.

Counsel for Joint Intervenors has further been notified by counsel for Applicant that an order granting Applicant's motion to dismiss contention 22 has already been granted; although said order has not at this time been received by Joint Intervenors.

Of the remaining contentions accepted by this Safety and Licensing Board, submitted by Joint Intervenors; Joint Intervenors have subsequently determined that several of the outstanding contentions are beyond the

• i technical and fifiancial capacities of Joint Intervenors to successfully

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pursue; or alternatively, are not of sufficient gravity to warrant further [V I:

consideration by a full hearing convened by this Ilonorable Safety and [

.L Licensing Board. ,!

WIIEREFORE, Joint Intervenors hereby move for voNntary dismissal of its remaining contentions 1, 2,12,19, 20, 21, 23, 24, 25, 27, 28 and 29; i l.

said dismissal to be with prejudice; and with lewe for Joint Intervenors to file additional contentions, if appropriate, upor their compliance with the 4

provisions of 10 CFR 2.714 (a)(1).

Respect: ully sub itted, GILLESVIE & N ES BY 3 '

LynfeiN .JOliES, .

A Korn for Inter nors 114 dgelake Dr' e Metairie, Louisi a 70001 (504)835-6458 i

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UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY & LICENSING BOARD In the Matter of .

LOUISIANA POW.ER & LIGHT COMPANY Docket No. 50-382 I (Waterford Stearii Electric Station Unit 3)

ORDER

-i Joint Intervenors, Save Our Wetlands, Inc. (SOWL) and Oystershell Alliance, Inc. (OA) have moyed for voluntary dismissal of its outstanding .

contentions number 1, 2,12,19, 20, 21, 23, 24, 25, 27, 28, and 29, said l i'

dismissal to be with prejudice as to those said contentions; and without l prejudice to the right of Joint Intervenors to file further contentions -

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L pursuant to 10 CFR 2.701 (a)(1).

• The Board, consk ing the reasons set forth in Joint Intervenors'  !

i-motion; and further concluding that it is in the best inteiest of judicial  :

O cconomy for said motion to be granted;-the Joint 'Intervenors' motion is i i

hereby granted; and Joint Intervenors contentions number 1, 2, 12, 19, 20, l' t

- 21, 23, 24, 25, 27, 28, and 29 are hereby dismissed with prejudice; and with -

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leave to ' Intervenors to submit '. such further' ' contentions as may. be appropriate in accordance with the provisions of 10 CFR 2.714 (a)(11 -l FOR THE ATOMIC SAFETY & LICENSING' BOARD -

Sheldon J. Wolfe, Esquire a Chairman N

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UNITED STATES OF AMERICA NUCLE AR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY & LICENSING BOARD In the Matter of ,'

LOUISIANA POWER & LIGHT COMPANY Docket No. 50-382  !.

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(Waterford Steam Electric Station Unit 3) ,

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CERTIFICATE OF SERVICE 3 I hereby certify that copies *of JOINT INTERVENORS' MOTION FOR I VOLUNTARY DISMISSAL have been served this day of L 24 , ' United S tes all, postage prepaid, upon all persons and entities listed in the atta ed servic i

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LVMA . JOYS, JR. '

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. . i .a SERVICE LIST k

Sheldon J. Wolfe, Esqu re U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington,' D. C. 20555 .

Dr. Harry Foreman -

Box 395, Mayo University of Minnesota Minneapolis, Minnesota 55455 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, Tennessee 37830 Chairman, Atomic Safety and Licensing Board Panel U.S. Nuclear Regtalatory Commission .

Washington,' D. C2 20555 Chairman, Atomfe Safety and Licensing -

Appeal Board U.S. Nuclear Regulatory Commission

- Washington, D. C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Sherwin E. Turk, Esquire g Office of Executive Legal Di, rector U.S. Nuclear Regulatory Commission Washington,- D. C. 20555 1

George F. Trowbricge, Esquire and i E. Blake, Esqui; e l Shaw, Pittman, Potts & Trowbridge i' 1800 M Street, N. W. .

Washington, D. C. 20036 W. Malcolm Stevenson, Esquire Monroe & Lemann

! . Whitney Building 625 Gravier Street New Oricans, Louisiana 70112

- Stephen M. Irving, Esquire i- Louisiana Consumers League, Inc.

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535 No. 6th Street j Baton Rouge, Louisiana 70802 l

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