ML20052D117

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Response Opposing Forelaws on Board 820415 Motion to Terminate Hearings & Deny CP Application.Status of Proceeding Unclear,Since Facility Site Could Be Relocated. Certificate of Svc Encl
ML20052D117
Person / Time
Site: 05000514, 05000515
Issue date: 05/05/1982
From: Goddard R
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8205060288
Download: ML20052D117 (4)


Text

e 05/05/82 G'9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION d

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD L

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In the Matter of

,y PORTLAND GENERAL ELECTRIC

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Docket Nos. 50-514 dV \\

C0f1PANY, ET 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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NRC STAFF RESPONSE TO INTERVENOR MOTION TO TERMINATE HEARINGS AND DENY LICENSING APPLICATION (CONSTRUCTION PERf1IT)

Intervenor Forelaws on Board, by motion dated April 15, 1982, requeststhatthisLicensingBoardtermingtehearingsanddenythe Pebble Springs construction permit application. Applicants oppose the motion, and have stated that it may relocate the facility to another site.

For reasons set forth in Applicants' Response dated April 26, 1982, NRC Staff takes the position that Intervenor's Motion should be denied as it is not clear that this proceeding has become moot. See, Puerto Rico Power Authority (Northeast Nuclear Plant, Unit 1), ALAB-605, 12 NRC 153 (1980). The site for this facility could be moved as was done with the Koshkonong and the Skagit facilities referenced in Applicants' response.

See, Wisconsin Electric Power Co. et al. (Koshkonong Pla~nt, Units 1 & 2),

Docket Nos. 50-502, 50-503, Notice, 43 Fed. R_eg 9884'(March 10, 1978),

M IGNATED ORIGINAI; Certiggeg l

2 G205060288 B20505 3

PDR ADOCK 05000514 C

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t i Order, August 25, 1977; Puget Sound Power & Light Co. et al. (Skagit Nuclear Power Project, Units 1 4 2), Docket Nos. 50-522, 50-523, 47 Fed.

R_eg. 5554 (February 5,1982).1/

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Respectfully submitted, w

Richard J. Go dard Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of May, 1982.

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However, there is the need to ascertain, on the record of this proceeding, a clear and unequivocal statement of the intent of Applicants (severally and individually) regarding this application.

Accordingly(, NRC Staff suggests that the Board might convene aor conferen conference parties in reference to their application in the captioned proceeding, in order to ascertain whether the Applicants intend to further their application by choosing another site for the subject facility.

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PORTLAND GENERAL ELECTRIC

)

Docket Nos. 50-514 COMPANY, ET A1

)

50-515 (Pebble Springs Nuclear Plant, Units 1 and 2)

)

CERTTFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENOR MOTION TO TERMINATE HEARINGS AND DENY LICENSING APPLICATION (CONSTRUCTION PERMIT)"

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, through deposit in the Nuclear Regulatory Comission's internal mail system, this 5th day of May, 1982:

N s

Mr. Ivan W. Smith, Chairman

  • Administrative Judge Mr. Donald W. Godard, Supervisor Atomic Safety and Licensing Board Siting and Regulation U.S. Nuclear Regulatory Comission Department of Energy Washington, DC 20555 Room 111, Labor & Industries Bldg.

Salem, Oregon 97310 Dr. Oscar H. Paris

  • Administrative Judge Atomic Safety and Licensing Board James W. Durham, Esq.

U.S. Nuclear Regulatory Comission Warren Hastings, Esq.

Washington, D.C.

20555 Portland General Electric Company 121 S.W. Salmon Street, TB17 Dr. Walter H. Jordan Portland, Oregon 97204 Administrative Judge 881 West Outer Drive Oak Ridge, TN 37830 Frank W. Ostrander, Jr., Esq.

Department of Justice Alan S. Rosenthal, Esq., Chairman

  • 520 S.W. Yamhill Atomic Safety and Licensing Portland, Oregon 97204 Appeal Board U.S. Nuclear Regulatory Comission Washington, DC 20555

', L Mr. Lloyd K. Marbet J. Carl Freedman Forelaws on Board Box 553 19142 S. Bakers Ferry Road Cannon Beach, Oregon 97110 Boring, Oregon 97009 Frank Josselson, Esq.

Ms. Bernice Ireland William L. Hallmark, Esq.

Coalition for Safe Power R. Elaine Hallmark, Esq.

10544 N.E. Simpson One Southwest Columbia, 8th Floor Portland, Oregon 97220 Portland, Oregon 97258 Atomic Safety and Licensing Kathleen H. Shea, Esq.

Board Panel

  • Lowenstein, Newman, Reis, U.S. Nuclear Regulatory Comission

& Axelrad Washington, DC 20555 1025 Connecticut Avenue, N.W.

Washington, DC 20036 Atomic Safety and Licensing Appeal Board

  • Docketing and Service Section*

U.S. Nuclear Regulatory Commission Office of the Secretary Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555

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W Edwin J. Reis Assistant Ch f Hearing Counsel i

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