ML20057A153

NRC Staff Response to Ma Atty General Withdrawal of Motion to Intervene & Request for Hearing.* NRC Does Not Object to Atty General Withdrawal.Licensing Board Should Issue Order Dismissing Proceeding.W/Certificate of Svc

ML20057A153
Person / Time
Site:	Pilgrim
Issue date:	09/02/1993
From:	Hodgdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#393-14272 OLA, NUDOCS 9309130120
Download: ML20057A153 (6)

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UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION o3 SD -2 P 4 30 l

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )  !

) l BOSTON EDISON COMPANY ) Docket No. 50-293-OLA l'

) (Spent Fuel Pool)

(Pilgrim Nuclear Power Station) ) '

NRC STAFF RESPONSE TO MASSACHUSETFS ATTORNEY GENERAL'S WITHDRAWAL OF MOTION TO INTERVENE AND REOUEST FOR HEARING l 1

] INTRODUCTION l

By a filing dated August 25,1993, the Massachusetts Attorney General withdrew

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his motion to intervene and request for hearing concerning Boston Edison Company's application to amend its Technical Specifications to permit the expansion of the spent fuel pool at the Pilgrim Nuclear Power Station by adding racks. In his filing, the Attorney  !

. t General states that Boston Edison Company and the Massachusetts Attorney General have

resolved the matters at issue in this proceeding on a fair, equitable and mutually satisfactory basis outside the hearing process BACKGROUND On April 30,1993, the Nuclear Regulatory Commission published in the Federal Register a notice of " Consideration of Issuance of Amendment to Facility Operating

I License, Preposed No Significant Hazards Consideration Determination, and Opportunity for Hearing." 58 Fed. Reg. 26,171 - 26,174. 'Ihe notice concerned Boston Edison Company's application to amend its facility operating license for its Pilgrim Nuclear 9309130120 930902 PDR ADOCK 05000293 PDR

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.2 l Power Station to increase the number of assemblies allowed to be stored in the spent fuel l l

pool from 2,320 to 3,859; to change the maximum loads allowed to travel over the spent l i

i fuel assemblies from 1,000 to 2,000 lbs.; and to change the limiting characteristics of l assemblics to be stored. Id. The Federal Register notice included a proposed no l

! significant hazards, consideration determination and stated that any person whose interest i 1 l

] might be affected by this proceeding and who wished to participate as a party "must file l 1

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a written request for a hearing and a petition for leave to intensr.c" by June 1,1993. l l l

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1 By a pleading filed with the Secretary of the Commission dated May 27,1993, j i l the Massachusetts Attorney General timely requested a hearing on the proposed license  !

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! amendment and petitioned to intervene pursuant to 10 C.F.R. ($ 2.714 and 2.715(c).

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An Atomic Safety and Licensmg Board was established to consider the j I  !

! Massachusetts Attorney General's petition,58 Fed. Reg. 32,552 (June 10,1993), and the i

] licensee and the NRC Staff filed responses to the intervention petition.' ,

Both the Licensee and the Staff acknowledged the Attorney General's standing to ,

i intervene subject to his submitting a Supplement setting forth one or more admissible j

i contentions.

f On June 21,1993, the Licensing Board issued a Memorandum and Order (Request i  !

for Hearing and Petition to Intervene), in which it found that the petitioner would have i i

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' Response of Boston Edison Company to the Massachusetts Attorney General's j Request for a Hearing and Petition to Intervene, June 8,1993; NRC Staff Response to l Massachusetts Attorney General Request for Hearing and Petition to Intervene, June 14, i 1993. i 1

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met the admission prerequisites for the proceeding by the subsequent filing of one valid contention, but, at the Staff's suggestion, deferred ruling on standing pending I

consideration of contentions filed pursuant to a schedule set by the Board. Memorandum  ;

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, and Order, June 21,1993, at 3-5. [

l On July 15, 1993, the Massachusetts Attorney General and Boston Edison j t

Company filed a Joint Motion for Extension of the Schedule for Petitioner's Filing of [

Contentions. The NRC Staff did not oppose the motion and the Board granted it on July [

16, 1993. Memorandum and Order (Extension of Time), July 16, 1993. The Board {

f i granted a further extension, Memorandum and Order (Extension of Time), August 13, f i  ;

1993, on thejoint motion of the petitioner and the licensee filed August 11,1993, which j was also unopposed by the NRC Staff.

As stated above, the Massachusetts Attorney General withdrew his motion to  ;

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intervene by a niing of August 25, 1993. Thus, the Attorney General's petition to I I

intervene is pending before the Licensing Board; however, the Attorney General has not l l

filed a Supplement setting forth contentions nor has a notice of hearing been issued in this {

1 i proceeding. l 1 l l

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i CONCLUSION j The NRC Staff does not object to the Attorney General's withdrawal. The NRC [

believes that, considering the background as recited above, the Licensing Board should ,

issue an order dismissing the proceeding. See 10 C.F.R. 6 2.105(e).

Respectfully submitted, .

fj - pLv- To c . 7-ho knn P. Hodgdon b l

Counsel for NRC Staff t I

Dated at Rockville, Maryland this 2nd day of September 1993 i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .g g .9 p g 3g I!EFORE THE ATOMIC SAFETY AND I.ICENSING BOARD , .

, 6 In the Matter of ) *

)

BOSTON EDISON COMPANY ) Docket No. 50-293-OLA

) (Spent Fuel Pool)

(Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MASSACHUSETTS ATTORNEY GENERAL'S WITHDRAWAL OF MOTION TO INTERVENE AND REQUEST FOR HEARING" 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's internal mail system this 2nd day of September 1993:

James P. Gleason* Of5ce of Commission Appellate Chairman Adjudication

• Atomic Safety and Licensing Board Mail Stop: 16-G-15 OWFN Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Adjudicatory File * (2)

Charles N. Kelber* Atomic Safety and Licensing Board Administrative Judge Panel Atomic Safety and Licensing Board Mail Stop: EW-439 Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Board Thomas D. Murphy

• Panel

• Administrative Judge Mail Stop: EW-439 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: EW-439 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555

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W.S. Stowe, Esq. Joseph W. Rogers l Boston Edison Company Assistant Attorney General  !

800 Boylston Street Regulated Industries Division 36th Floor Public Protection Bureau .

Boston, MA 02199 113 Tremont St.,3rd Floor  :

Boston, MA 02111 ,

Office of the Secretary * (2)  ;

Attn: Docketing and Service Mail Stop: 16-G-15 OWFN l U.S. Nuclear Regulatory Commission  ;

Washingten, DC 20555  !

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$nn A. Hodgdon (  !

Counsel for NRC Staff l h

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