ML20054A612
| ML20054A612 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 04/13/1982 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | Hourihan P HOURIHAN, P. |
| References | |
| ISSUANCES-OL, NUDOCS 8204160007 | |
| Download: ML20054A612 (2) | |
Text
s, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AT0t11C SAFETY AND LICENSING BOARD b ' I d A 9 :/
Administrative Judges:
Robert M. Lazo, Chairman Dr. Richard F. Cole Dr. A. Dixon Callihan l
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In the Matter of
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Docket Nos. STil-50-528-0L
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STN-50-529-0L ARIZONA PUBLIC SERVICE COMPANY, ET AL. )
STN-50-530-0L
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(Palo Verde fluclear Generating Station,)
N Units 1, 2 and 3 Operating License
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April 13, 1982 Proceeding)
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g, RECEIViiD 9
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APR 151982:=. I
% " E Ul# 5 ? iF' T MEMORANDUM AllD ORDER m
4 (Concerning Intervenor's Motion to Postpone Hearing) 4 By motion dated April 7, 1982, Patricia Lee Hourihan (Intervenor) requests that the Board order the commencement of the hearing scheduled for April 27, 1982 be postponed for a period of 30 days.
In support of her motion, Intervenor cites newly discovered material evidence."
The Board, under its inherent powers to regulate the course of the hearing and dispose of procedural requests or similar matters, can rule on such motions promptly, where waiting for responses from other parties to the proceeding might moot the issue.
(10 CFR 2.718 (e) and (f)).
The new evidence cited by the Intervenor relates to Intervenor's j
claim that the City of Phoenix is not legally entitled to sell sewage effluent from the City's witer treatment plant for use outside the Salt River Project boundaries. The matter has been and currently is the
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2 subject of litigation. The Board will expect to hear arguments regarding this matter and any other outstanding motions at the beginning of the hearing on April 27, 1982, and of course, will take cognizance of actbities before other tribunals when the facts so warrant. However, under the circumstances, the Board believes that the Nuclear Regulatory Commission should not subordinate its licensing process to matters which are so speculative and conjectural.
If at some later date it becomes apparent that the effluent supply for the Palo Verde facility may become jeopardized, the Commission can then take appropriate action. Accordingly, there is no raerit to Intervenor's request to postpone the presently scheduled hearing in order to pursue this issue.
For the foregoing reasons and in consideration of the entire record in this matter, it is, this 13th d6y of April 1982 ORDERED That Intervenor's April 7, 1982 Motion To Postpone Hearing is denied.
FOR THE AT0!1IC SAFETY AllD LICEllSIl1G BOARD M.
Robert M. Lazo, Chairnin ADMINISTRATIVE JUDGE