ML20039E348
| ML20039E348 | |
| Person / Time | |
|---|---|
| Site: | 05000471 |
| Issue date: | 01/06/1982 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20039E349 | List: |
| References | |
| NUDOCS 8201070179 | |
| Download: ML20039E348 (3) | |
Text
i J/6/82 UNITED STATES OF AMERICA N
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NUCLEAR REGilLATORY C0ftf11SSION
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BEFORE THE AT0f11C SAFETY AND LICENSING BOARD J
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zS BOSTON EDIS0N C0f1PANY, ET AL.
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Docket No. 50-471 j(x (Pilgrim Nuclear Generating
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Station, Unit 2)
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NRC STAFF'S SUPPLEf1 ENTAL RESPONSE TO APPLICANTS' fiOTION TO WITHDRAW APPLICATION AND TERf11NATE ADJUDICATORY PROCEEDINGS 1.
BACKGROUND On October 23, 1981, Applicants filed with this Atomic Safety and Licensing Board their flotion to Withdraw Application and Terninate Adjudicatory Proceedings (Motion).
On flovember 12, 1981, the NRC Staff (Staff) responded, stating its general support of the Applicants' flotion.
The St+ff recommended, however, that prior to acting thereon, the Board direct Applicants to advise the Board and parties of any pre-construction activities which may have t,een undertaken so that the Board could detennine whether to condition withdrawal on any redress which may be necessary.
See,10 C.F.R. 5 2.107(a); Toledo Edison Company (Davis-Besse Nuclear Power Station, Units 2 and 3), ALAB-622, 12 NPC 667 (1980).
The Statf further stated that, upon approval of neasures for restoration (if any were found necessary), it would advise the Board of that fact and go 7 that the Board then should grant Applicants' Motion.
By Order dated y
December 10, 1981, the Board directed Applicants to identify jf[
pre-construction activities undertaken with respect to Pilgrin Unit 2.
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DISCtlSSION In response to the Board's Order of December 10, 1981, the i
Applicant, on Decenber 16, 1981, identified the following activities which have been undertaken in connection with Pilorin 2:
'1.
Erection of a neteorological tower which will continue to be utilized to support dose projections associated with the Pilgrin-1 B,ergency Plan; 2.
Installation of pipes less than six inches in diameter in the ground to act as ground water observation wells as required by liassachusetts Department of Environmental Quality Engiceering Permit; 3.
Construction of earthworkt to form a holding pond as required by the EPA NPDES penait."
As represented by Applicants, item 1 above will continue to have utility in connection with Pilgrim Unit 1.
Items 2 and 3 no longer appear to be necessary or of any apparent value.
The Staff, however, considers these items to be insignificant in terms of environmental impact and since they are wholly on land owned by Applicants which continues to be used in connection with Pilgrim Unit 1, redress is not now required. To the extent restorative measures regarding any of these items are necessary or desirable, they are reasonably deferred until decommissioning of Pilgrim Unit 1 at which time the question of the ultinate dispostion of the entire site will be resolved.
(See attached Affidavit of Dino Scaletti.)
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00NCLilSION
.Accordingly, the Staff recommends that the Board unconditionally grant Applicants' l10 tion to Withdraw Application and Terminate Adjudicatory Proceedings.
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Respectfully submitted, Lawrence J. Chandler Deputy Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this 6th day of January, 1982
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