ML20031B330
| ML20031B330 | |
| Person / Time | |
|---|---|
| Site: | 05000514, 05000515 |
| Issue date: | 09/25/1981 |
| From: | Hastings W PORTLAND GENERAL ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20031B326 | List: |
| References | |
| NUDOCS 8110010234 | |
| Download: ML20031B330 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In The Matter of
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PORTLAND GEERAL ELECTRIC
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Docket Numbers 50-514 COMPANY, E; AL
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50-515
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(Pebble Springs Nuclear Plant,
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Units 1 and 2)
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APPLICANTS' RESPONSE TO INTERVENOR'S MOTION FOR SUSPENSION OF FURTHER HEARINGS OF SEPTEMBER 8, 1981 AND STATEMENT OF INTENT REGARDING APPLICATION BACKGROUND On September 8, '1981, Intervenor filed a motion for suspension of further
-hearings based on newspaper articles in which Portland General Electric Chairman of the Board, Robert H. Short, was quoted as saying that "...to get Pebble Springs built it will have to be moved to another state, largely because of regulatory delays in Oregon". On September 16, 1981 in a conference telephone call with all parties, the Board requested PGE file a statement of intent regarding the application for a Construction Permit for the Pebble Springs Nuclear Plant, particularly in light of a newspaper article in the Oregon Statesman-Journal of September 2 aid an additional article that appeared in "Inside NRC" dated September 7,1981 in which it was reported that " Portland General Electric Ccsmpany has deferred Pebble Springs 1 and 2 indefinitely".
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RESPONSE
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I Portland General Electric Chairman of the Board, Robert H. Short, sly stating his personal view on the status of the Pebble Springs appl.
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l and proceeding on the State level. He has made such statements on a number of occasions subsequent to September ?, 1981.
In this regard it is to l
be noted that the voters of Oregon at an election in November of 1980 adopted an initiative measure that requires establishment of a high-level waste repository and a vote of the people in Oregon prior to construction of nuclear power plants in Oregon. A similar measure was determined to be unconstitutional by the lower Federal courts in California and that proceeding has been on appeal to the Court of Appeals for the Ninth Circuit for well over two years. Until there is some final determination by the Court of Appeals or U. S. Supreme Court that similar measures to those of California and Oregon are constitutional or unconstitutional, licensing at the state level can not preceed. rir. Short's statements refer to this nresent impas se. As noted 11 our filing with this Board 8110010234 810927 l'DR ADOCK 05000514:
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" Applicants' Answer to Forelaws on Board Motion for Suspension of Further Hearings and Findings of Fact and Conclusions of Law", on February 3, 1981, the Federal proceeding is independent, is not burdened by this infirmity and should proceed on its own.
Applicants ask the Board to consider the record and filings and not media reports regarding the status of the Pebble Springs application.
II Attached and incorporated herein is the affidavit of W. J. Lindblad, President of Portland General Electric Company, setting forth Portland General Electric Company's intentions and desires to proceed with the licensing of the Pebble Springs Nuclear Plant on the federal levci.
III The Applicants reaffirm their desire to proceed with the schedule established by this Board for a pre-hearing conference on October 14, 1981 and the commencement of an evidentiary hearing on December 1,1981 regarding environmental and site suitability issues.
RESP'dCTFULLY SUBMITTED
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4WWE fk9 Warren Hastingf Of Attorney for Applicants Dated at Fortland, Oregon this 25th Day of September, 1981 i
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NUC;1AR REGULATORY COMMISSIO!:
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-2 BEFORE THE ATOMIC SAFETY AND LICENSING BOARIt{
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PORTLAND GENERAL ELECTRIC
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Docket Nos. 50-514 COMPAFY, et al.
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50-515
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(Febble Springs Nuclear Plant, )
Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of Ap%'. cants' Response to Intervenor's Motion for Suspension of Further Hearings of September 8,1981 and Statement of Intent Regarding Application and Affidavit of W. J. Lindblad, President of Portland General Electric Company, Regarding Intent to Proceed with Pebble Springs Project have been served on the following by deposit in the United States mail, first class, this 25th day of September 1981.
Elizabeth S. Bowers, Esq.
Dr. Lawrence R. Quarles Chairman Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board Panel Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. William E. Martin Richard S. Salzman, Esq.
Senior Ecologist Atomic Safety and Licensing Appeal Battelle Memorial Institute Board l
Columbtis, Ohio 43201 U. S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Walter H. Jordan 881 West Outer Drive Atomic Safety and Licensing Appeal Oak Ridge, Tennessee 37830 Board U. S._ Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555 i
U. S. Nuclear Regulatory Commission Washington, DC 20555 Bernard M. Bordenick, Esq.
Counsel for h7C Staff Alan S. Rosenthal, Chairman U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Washington, DC 20555 Board U. S. Nuclear Regulatory Commission Docketing and Service Section Washington, DC 20555 Office of the Secretary-U. S. Nuclear Regulatory Commission Washington, DC 20555
CERTIFICATE OF SERVICE Frank W. Ostrander, Jr., Esq.
Frank Josselson Assistant Attorney General William L. Hallmark State of Oregon R. Elaine Hallmark 500 Pacific Building 8th Floor 520 S. W. Yamhill One S. W. Columbia Portland, Oregon 97204 Portland, Oregon 97258 Mr. Lloyd K. Marbet Forelaws on Board 19142 S. Bakers Ferry Road Boring, Oregon 97009 g
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