ML20038A720
| ML20038A720 | |
| Person / Time | |
|---|---|
| Site: | 05000471 |
| Issue date: | 11/12/1981 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111160215 | |
| Download: ML20038A720 (5) | |
Text
.
9 flovenber 12, l')81
[6 UNITED STATES OF A!! ERICA 6
flUCLEAR REGULATORY C0f1 MISSION
((
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Q Novy 37981 BEFORE THE AT0f11C SAFETY AND LICENSING BOARD u,,,
I'f[Ti t In the flatter of
)
)
r t-BOSTON EDIS0f1 C0!!PANY, ET AL.
)
Docket flo. 50-471
)
(Pilgrim fluclear Generating
)
Station, Unit 2)
)
flRC STAFF'S ANSWER TO APPLICANTS' MOTION TO WITHDRAW APPLICATION AND TERMINATE PROCEEDINGS I.
INTRODUCTION By motion dated October 23, 1981, Applicants ask this Atomic Safety and Licensing Board (Licensing Board) to pemit withdrawal of their application for Pilgrim fluclear Generating Station, Unit 2, and to terminate the adjudicatory proceedings which are before it.
The Applicants' motion is based en final cancellation of Pilgrim 2 project on October 22, 1981.
Pending before this Licensing Board is the continued construction permit proceeding which, at this time, has remaining for consideration only emergency preparedness and Till-related matters.
In addition to resolving these natters, the Licensing Board, in accordance with its February 2, 1981 Partial Initial Decision (PID)1/ must also strike a i
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LBP-81-3, 13 NRC 103 (1981).
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l final cost-benefit balance taking the foregoing matters into consideration.
In all other respects, the earlier PID is on appeal before the Atonic Safety and Licensing Appeal Board.
As discussed below, the NRC Staff supports Applicants' motion subject to prior approval of a plan of redress if required.
II.
DISCUSSION Pursuant to 10 C.F.R. l 2.107(a), the Licensing Board has the authority to grant withdrawal of the application subject to "such tems as [it] may prescribe." Toledo Edison Company (Davis-Besse Nuclear Power Station, Units 2 and 3), ALAB-622, 12 NRC 667 (1980).
1 In light of the final cancellation of the Pilgrim 2 project, the Staff generally supports the Applicants' motion.
However, prior to granting the request, the Staff recommends that the Applicants should be directed to advise the Licensing Board and parties of any pre-construction activities which it may have undertaken at the site to pennit the Licensing Board to detennine whether any redress may be necessary and upon which withdrawal and termination should be conditioned.
The Staff would, following its review and approval of such measures monitor their implementation to assure satisfactory completion of any restorative measures found to be necessary.E y
Also on October 23, 1981, Applicants filed with the Appeal Board, a motion to terminate the proceeding in this matter which is pending before it.
A copy of the "NRC Staff's Answer to Applicants' Motion to Terminate Adjudicatory Proceedings," November 12, 1981, is attached for the Licensing Board's infomation.
y Since no Limited Work Authorization or Construction Permit has been issued and since the Pilgrim 2 site is already subject to continuing inspection by the NRC by virtue of the presence of Pilgrim, Unit 1, the Staff would anticipate that if any restorative measures are necessary, they would be minimal and readily monitored.
III.
CONCLUSION As discussed above, the Licensing Board, prior to acting on Applicants' motion, should require submittal to the Staff, with copies to the Licensing Board and other parties,S/ of a document describing whether and what restorative measures may be necessary ar.d appropriate at the Pilgrim 2 site.
The Staff will, upon approval of such measures, advise the Licensing Botrd which at that time should grant Applicants' notion to withdraw the applic6 tion and tenninate the proceeding before it, subject to the Staff's continued monitoring of whatever restoration is required.
Res ctfully submitted, llV N
Lawrence J. Chandler Deputy Assistant Chief Hearing Counsel Dated at Bethesda,ftaryland, this 12th day of November, 1981.
4/
If any party wishes to coament on the plan, it should do so in writing to the Staff.
i 1
l
i UNITED STATES OF AMERICA NUCLEAR REGULATORY C0"J4ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the liatter of
)
BOSTON EDIS0N C0!!PANY, ET AL.
Docket No. 50-471
)
(Pilgrim Nuclear Generating
)
Station, Unit 2)
)
CERTIFICATE OF SERVICE i
i I hereby certify that copies of "NRC STAFF'S ANSWER TO APPLICANTS' MOTION TO WITHDRAW APPLICATION AND TER'11NATE PROCEEDINGS" 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 by deposit in the Nuclear Regulatory Commission internal nail system, this 12th day of November,1981:
)
i
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Andrew C. Goodhope, Esq.
The Board of Selectmen Administrative Judge Town of Plymouth 3320 Estelle Terrace Plymouth, MA 02360 Wheaton,!!D 20906 William S. Abbott, Esq.
Dr. A. Dixon Callihan 50 Congress Street, Suite 925
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Administrative Judge Boston,itA 02109 Union Carbide Corporation P.O. Box Y Jo Ann Shotwell, Esq.
Oak Ridge, TN 37830 Assistant Attnrney General Environmental Protection Division Dr. Richard F. Cole
- Public Protection Bureau Administrative Judge One Ashburton Place,19th Floor Atomic Safety and Licensing Board Boston,11A 02108 U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Lester B. Smith 1
Director of Conservation l
Thomas G. Dignan, Jr., Esq.
Massachusetts Wildlife Federation R. K. Gad III, Esq.
P.O. Box 343 Ropes & Gray Natick,11A 01761 225 Franklin Street i
i Boston,itA 02110 William S. Stowe, Esq.
Boston Edison Company Henry Herrmann, Esq.
800 Boylston Street 50 Congress Street, Room 1045 Boston,i1A 02199 Boston,11A 02108 f
Mr. and firs. Alan R. Cleeton Patrick J. Kenny, Esq.
22 Itackintosh Street Edward L. Selgrade, Esq.
Franklin, i:A 02038 Massachusetts Governor's Of fice of Energy Resources Francis S. Wright, Esq.
73 Tremont Street Berman & Lewenberg Boston,itA 02108 211 Congress Street Boston,itA 02110 Atomic Safety and Licensing Board Panel
- Atomic Safety and Licensing U.S. fluclear Regulatory Commission Appeal Board Panel
- Washington, DC 20555 U.S. fluclear Regulatory Cornission Washington, DC 20555 Docketing and Service Section
- Office of the Secretary U.S. fiuclear Regulatory Commission Washington, DC 20555 Ell Lawrence J. Chandler
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Deputy Assistant Chief Hearing Counsel O
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