ML20076F049
| ML20076F049 | |
| Person / Time | |
|---|---|
| Site: | Washington Public Power Supply System |
| Issue date: | 08/23/1983 |
| From: | Reynolds N DEBEVOISE & LIBERMAN, WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8308250218 | |
| Download: ML20076F049 (5) | |
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t 80CMETED USHRc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OfflCE OF SEcst rag .
00CKETinG & 55pyy",
BEFORE THE ATOMIC SAFETY BRANCH AND LICENSING BOARD In the Matter of )
)
WASHINGTON PUBLIC POWER )
SUPPLY SYSTEM ) Docket No. 50-460-OL
)
(WPPSS Nuclear Project No. 1) )
MOTION FOR BOARD RULING ON CONTENTIONS On January 26 and 27, 1983, a Special Prehearing Conference was held in Richland, Washington, during which the Board heard oral argument on Whether petitioner should be granted intervention in the captioned proceeding. The parties addressed Whether petitioner had established the requisite interest to intervene, and also addressed each proposed contention raised by petitioner. Following that Special Prehearing Conference, the parties submitted addi-tional memoranda addressing the question of interest and setting forth their views as to the future schedule of the proceeding.
On June 23, 1983, the Board issued a Memorandum in which it found that petitioner had satisfied the
" in t e re s t" requirement of 10 C.F.R. $ 2.714. On the same day it issued a Memorandum and Order granting the State of Washington " interested state" status pursuant to 10 C.F.R. 8308250218 830823 PDR ADOCK 05000460 PDR 0 50
+ . .
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Sectior 2.715(c) and inviting the State to file its views by July 12, 1983, on the proposed contentions set forth in petitioner's January 10, 1983 supplement to its request for hearing and leave to intervene. The State did not respond to this invitation.
To date, the P'ard has not ruled on the admissibility of the proposed contentions. Be fore the Board invited the State to comment on the proposed contentions, the conten-tions had been before the Board for six months. Now that the State has declined to comment and another two months have elapsed, we believe that it would be timely for the Board to rule soon on the admissibility question and on the schedule for future proceedings, if any.
The Commission has instructed Licensing Boards to conduct operating license proceedings promptly and effi-ciently as follows:
[The Commission intends] that
[ operating license proceedings] be i conducted expeditiously and . . . that its procedures maintain sufficient flexibility to accommodate tha t objective. This position is founded upon the recognition that fairnes s to all the parties in such cases and the obligation of administrative agencies to conduct their functions with e f ficiency and economy, require tha t Commission adjudications be conducted l withou unnecessary delays.1 l
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4 Relevant NRC case law also teaches that Licensing Boards may permit the early adjudication of issues in cases such as this.2 Thus, there is no reason for this Board to withhold its decision on the admissibility of contentions.
Accordingly, Applicant moves the Board to rule i promptly on the admissibility of the proposed contentions, l
whether petitioner's petition to intervene should be granted and, if so, the schedule of further proceedings.
Respecgkulysubmtted, I
ll .
N Nichol S. lleynold s L. e,rtman Sanfod DEBEV E IBERMAN 1200 venteenth St., N. W.
Washington, D. C. 20036 (202) 857-9817 Counsel for Applicant August 23, 1983 2 Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 2), ALAB-570, 10 NRC G79 (1979); Potomac Electric Power Co. (Douglas Point Nuclear Generating Station, Units 1 and 2),
AEAB-277, 1 NRC 539 (1975)
00LHETED USNRC UNITED STATES OF AMERICA 13 AUS 24 A9 : 5 NUCLEAR REGULATORY COMMISSION OFFICE OF SELRLIP BEFORE THE ATOMIC ShPETY AND LICENSING CBOggmG & SERVib.;
iRANCH In the Matter of )
)
WASHINGTON PUBLIC POWER ) Docket No. 50-460-OL SUPPLY SYSTEM )
)
(WPPSS Nuclear Project No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Motion for Board Ruling on Contentions" in the captioned matter were served upon the following persons by deposit in the United States mail, first class, postage prepaid this 23rd day of August, 1983:
Herbert Grossman, Esq. Chairman, Atomic Sa fety and Chairman, Atomic Sa fety and Licensing Appeal Board Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. 2. 20555 Washington, D.C. 20555 Mitzi A. Young, Esq.
Glenn O. Bright Office of the Executive Atomic Sa fety and Licensing Legal Director Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Sa fety and Dr. Jerry Harbour Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555
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Mr. Gerald C. Sorensen Nicholas D. Lewis, Chairman Manager of Licencing Energy Facility Site Washington Public Power Evaluation Connei1 Supply System State o f Washington 3000 George Washington Way Mail Stop PY-11 Richland, Washington 99352 Olympia, Washington 98504 Mr. Scott W. Stucky Mr. Eugene Rosolie Docketing & Service Branch Coalition for Sa fe Power U. S. Nuclear Regulatory Suite 527 Commission 408 South West 2nd Washington, D. C. 20555 Portland, Oregon 97204 N ~~
J Sn d L. Hartman
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