ML20028B990
| ML20028B990 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 01/03/1983 |
| From: | Ferguson G, Kline J, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | LOUISA COUNTY, VA |
| References | |
| 83-481-01-LA, 83-481-1-LA, 83-482-02-LA, 83-482-2-LA, ISSUANCES-OLA-1, ISSUANCES-OLA-2, NUDOCS 8301050129 | |
| Download: ML20028B990 (4) | |
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UNITED STATES OF AMERICA MCLEAR REGULATORY COMMISSION ATOMICSAFETYANDLICENSINGB0bD JM -4 A10 :15 Before Administrative Judges:
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Sheldon J. Wolfe, ChairmanC gCf1 Dr. Jerry R. Kl me Dr. George A. Ferguson SERVED J/IN 041983
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ASLB Oocket iio. 83 481-01 LA In the Metter of
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(NRC Docket No. 50-338 OLA-1
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fic. 50-339 OLA-1)
VIRGINIA ELECTRIC AND POWER COMPANY )
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ASLB Docket No. 83-482-02 LA (North Anna Power Station,
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(NRC Docket No. 50-338 OLA-2 Units 1 & 2)
No. 50-339 OLA-2)
January 3, 1983 MEMORANDUM AND ORDER
'(Denying Louisa County's Motions To Stay Proceedings)
On December 10, 1982, Louisa County filed two identical but discrete motions to stay proceedings upon the applications of VEPCO for two license amendments../ Applicant (VEPCO) filed an answer in opposition on December 22 and the NRC Staff filed its coposing response on Decemoer 27, 1982. While these companion proceedings have not Deen consolidated, for the sake of convenience, in this issuance the Board will discuss and rule upon the two motions to stay.
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In NRC docket numbers 50-338 OLA-1 and 50-339 OLA-1, Applicant requests amendments to the operating licenses to permit the receipt and storage at North Anna of 500 spent fuel assemblies from the Surry Power Station, Units 1 and 2.
In NRC docket nurmers 50-338 OLA-2 and 50-339 OLA-2, Applicant requests amdments to the operating licenses to permit the n pansion of !'he North Anna spent fuel storage capacity.
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Louisa County urges tnat its notions to stay proceedings should be granted because, for various reasons, it would be wasteful and premature to proceed until such time as the Nuclear Regulatory Commission will have completed its " waste confidence" proceeding.
It states that this Board has the discretion whether to stay the proceedings in a particular spent fuel case.
However, in its Notice of Proposed Rulemaking, the Commission stated that, during the " waste confidence" proceedings, "...the safety implications and environmental impacts of radioactive waste storage on-site for the duration of a license will continue to be subjects for adjudication in individual facility licensing proceedings."
44 Fed. Reg. 61372, 61373 (1979).
In light of the established policy against withholding individual licenses pending completion of generic rulemaking proceedings, this Board could not stay the instant proceedings based upon the argument that tne
" waste confidence" proceeding has not been completed.
See Public Service Company of Oklahoma (Black Fox Station, Units 1 and 2),
ALAB-573,10 NRC 775, 800 (1979).
Moreover, after concluding that power reactor licensing may continue, the Commission, in its recent Statement of Policy entitled Licensing and Regulatory Policy and Proctdures for Environmental Protection; Uranium Fuel Cycle Impacts, clearly did not grant discretion to its Licensing Boards to suspend the issuance of licenses (or amendments thereto) pending completion of the
" waste confidence" proceedings. The Comnission reserved to itself the power to take further action in stating that "Should tne ' waste confidence' proceeding arrive at an outcome inconsistent with tnis l
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I t i policy judgment, the Commission will immediately inform the Congress and will reassess the positions taken in this policy statement." 47 j
Fed. Reg. 50591, 50592 (1982). A Commission policy statement is, of
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l course, binding on its adjudicatory boards. Mississippi Power & Light i
Company (Grand Gulf Nuclear Station, Units 1 and 2), ALAB-704, i
16 NRC n.9 (1982).
Finally, with respect to Louisa County's other arguments, as
.i stated in our Memorandum or December 3,1982, we are determined to proceed in an expeditious but fair manner, and we conclude that mucn
" spadework" can be accomplished prior to the issuance of the Staff's environmental and safety documents in June, 1983.
Inasmuch as VEPC0 had applied for the 'irst amendment as early as mid-July and for the i
second amendment in mid-August, 1982, we see no calculated effort to preclude meaningful analysis of the safety and environmental matters related to the anendments.
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CRDER i
For all the foregoing reasons, it is this 3rd day of January, 1983 l
ORDERED That 'Louisa County's Motions To Stay Proceeoings are denied.
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. I THE ATOMIC SAFETY AND ttfENSING BOARD l%-
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Lj Gec rge A'. Ferguson i
ADMINISTRATIVE JUDGE I
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J erry R. Kline DMINISTRATIVE JUDGE YY.
Sheldon J.g olfe, C% airman.
ADMINISTRA4VE JUDGE Dated at Bethesda, Maryland this 3rd day of January, 1983.
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