ML20082J073

Gap Motion for Order Terminating Proceeding.* Informs That Staff Does Not Oppose Motion.W/Certificate of Svc & Svc List

ML20082J073
Person / Time
Site:	Vogtle
Issue date:	08/20/1991
From:	Domby A GEORGIA POWER CO., TROUTMANSANDERS (FORMERLY TROUTMAN, SANDERS, LOCKERMA
To:	Atomic Safety and Licensing Board Panel
References
CON-#391-12147 91-647-OLA-2, LBP-86-37, OLA-2, NUDOCS 9108270135
Download: ML20082J073 (9)

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'91 TOG 21 P2 05 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING DOARD In the Matter of GEORGIA POWER COMPANY, t et A1  : Locket Nos. 50-424 - g2[ /) -2L

50-425

ASLBP No. 91-647-OLA-2 (Vogtle Electric  :

Generating Plant,  :

Units 1 and 2)  :

GEORGIA POWER COMPANY'S MOTION EOR AN ORDER TERMINATING PROCEEDING I.

On May 15, 1991, the Nuclear Regulatory Commission ("NRC")

published in the Federal Register a notice of " Consideration of Issuance of Amendments to Facility Operating Licenses and

-Proposed No Significant Hazards Consideration Determination and Opportunity for Hearing." 56 Fed. Reg. 22460 (the

" Notice"). The Notice addressed an April 22, 1991 application by Georgia Power Company (the " Licensee") to amend the operating licenses for the Vogtle Electric Generating Plant Units 1 and 2 ("VEGP") by eliminating from the Technical Specifications a diesel generator testing l

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frequency requirement which Generic Letter 84-15 indicates is .

excessive and potentially damaging. Id. at 22468-69.

On Jur_e 14, 1991, the Georgians Against Nuclear Energy "GANE") filed with the NRC a " Petition for Leave to Intervene" concerning the Licensee's April 22, 1991 application. In accordance with the Board's July 23, 1991 Memorandum and Order, this petition was amended by GAllE's Amendment dated August 9, 1991, including proffered contentions.

By letters dated July 10, 1991 and July 15, 1991, Counsel for the NRC Staff provided this Board and the parties of record copies of a Commission Staff Requiraments Memorandum.

By a filing-dated August 16, 1991, Counsel for the Licensee provided the Board and parties of record with a letter from the Licensee to the NRC Staff, dated August 16, 1991. The Licensee's letter withdrew the pending license amendment request for the reasons stated therein.

II. Motion to Issue Order Terminatina the Proceedina The Licensee hereby moves, in accordance with 10 C.F.R.

S 2.730, for an Order terminating this proceeding. As a result of the withdrawal of the license amendment request on August 16, 1991 pursuant to 10 C.F.R. S 2.107, the Licensee no longer seeks to amend the facility operating license (i.e., Technical Specifications) as applied for on April 22, 2

i 1991. This particular matter is patently moot. Furthermore, .

prior to the date of the Licensee's August 16, 1991 letter no notice for a hearing on the application had been issued and the Board had only conditionally determined that GANE had standing to intervene. That is, the Board had not approved any issues for hearing from the contentions filed by GANE.

In view of the withdrawal of the request prior to notice for hearing, an Order terminating the proceeding is appropriate.

See, Public Service Company of Indiana (Marble Hill Nuclear Generating Station) LBP-86-37, 24 NRC 719, 724 (1986).

I am authorized to state that the Staff does not oppose this Motion. A proposed Memorundum and Order is attached for the Board's consideration.

Respectfully submitted,

/'

V Arthur H. Domby TROUTMAN, SANDERS, LOCKERMAN

& ASHMORE 127 Peachtree Street, N.E.

Atlanta, Georgia 30303-1810 (404) 658-8243 Counsel for Georgia Power Company Dated: August 20, 1991 Termination. Req 3

PROPOSED ORDER i i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING DOARD Before Administrative Judges Sheldon J. Wolfe, Chairman '

Dr. James H. Carpenter Dr. Thomas S. Elleman

• f In the Matter of GEORGIA POWER COMPANY, >

et al. Docket Nos. 50-424 ,

3 50-425

• 3 ASLDP No. 91-647-OLA-2 [

(Vogtle Electric Generating Plant, a Unita 1 and 2)  :  ;

MEMORANDUM AND ORDER (Acknowledging Notice of Withdrawal of -

Application and Terminating Proceeding) i HEMORANDUM I. Background i

On April 22, 1991, Georgia Power Company (the " Licensee")

applied to amend its' operating licenses for Vogtle Units 1 and 2. These proposed license amendments would change Table i 4.8-1 of the Technical Specifications by deleting criteria f

for changing the frequency of diesel generator tests based

upon five or more failures in the last 100_ valid tests. The -

amendments would not change corresponding criteria based upon two or more failures in the last 20 valid tests. On June 14, 1991, Georgians Against Nuclear Energy ("GANE") filed a petition for leave to intervene. On June 28, 1991, Licensee filed an answer opposing the granting of the CANE petition and on July 5, 1991, the NRC Staff filed a response opposing the granting of the petition.

By letter dated July 15, 1991, Counsel to the NRC Staff provided the Board with a Commission Staff Requirements Memorandum, That Memorandum, inter alia, requested the Staff independent of this proceeding to establish reliability levels for each licensee's emergency diesel generator and to address the nuclear industry's request for relief._from accelerated testing requirements for a problem diesel generator, as discussed in a May 21, 1991 Nuclear Management and Resource Council ("NUMARC") letter to Commissioner Curtis.

On July 23, 1991,_this Boa.ld issued a Memorandum and Order granting GANE's petition to intervene, conditional upon the filing of a supplement to the petition, with contentions advanced by GANE, which satisfied the pleading requirements of 10 C.F.R. 5. 2. 714 (b) (2) and (d) (2) . A prehearing-conference was: scheduled for September 12, 1991 by Order of 2

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k the Board dated July 30, 1991. By a filing dated August 9, .

1991, GANE filed a supplement to the petition; this Board has  !

not ruled on the petition, as supplemented, or any of the  !

proposed contentions. Nor has a notice of a hearing on the j license amendment application been issued.

On August 16, 1991, the Licensee notified the NRC Staff of its withdrawal of tho application for proposed license [

amendments, in light of the NUMARC request of May 21, 1991.

Counsel for the Licensee notified the Board and the parties  !

of the Licensee's withdrawal of the application by letter, i

also dated August 16, 1991 and received by facsimile on August 20, 1991, and, on August __, 1991, formally moved for an Order under 10 C.F.R. S 2.730 terminating this proceeding. '

The NRC Staff does not oppose the Licensee's motion. 5 i

II. Discussion  ;

The Licensee no longer seeks, and the NRC Staff no longer has before it for review, the license amendment request which formr 'ho subject matter of this proceeding. GANE's petition ,

to intervene was filed in response to the Notice of May 15, 1991 for the specific amendment request which has been t i"

withdrawn. Until such time, if any, as the Licensee might seek another amendment request associated with diesel testing frequency, this-Board lacks jurisdiction fe,- any adjudication. In the event of another amendment request, 1

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b notice will be required and GANE will be free to pursue, if .

it chooses, intervention and a challenge to that proposed specific license amendment, as provided by the Commission's f Rules of Practice. '

ORDER t The Licensee's Motion is granted. This proceeding _is terminated without condition.

t FOR THE ATOMIC SAFETY AND LICENSING BOARD ,

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Sheldon J. Wolfe, Chairman l Bethesda, Maryland r August _, 1991 .

l Proposed.ord f

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i, UNITED DTATED OF AMERICA .

NUCLEAR REGULATORY COMMIHDION ATOHIC BAFETY AND LICENDING DOARD 3l E 21 P P L 3 In the Hatter of GEORGIA POWER COMPANY, t 9.1 A1 I Docket Nos. 50-424 50-425 ADLDP No. 91-647-OLA-2 (Vogtle Electrio  :

Generating Plant, t Units 1 and 2)  :

GIllTJIlCATK_QF_EIRELCf4 This in to cortify that copion of the within and forogoing

" Georgia PoWor Company's Motion for An Order Terminating This Proccoding" were sorved by facalmile to the Chairman of the Board and by depositing the samo in the United States Mail, First, Claan, with aufficient pontago thoroon to onnuro proper delivery, or by Federal Express for overnight i

delivery, or by hand delivery to all those listed on the attached service lint.

This 70A,iday of Augunt, 1991.

(

AYthur 11. Domby "

TROUTI'AN, SANDERS, LOCKERMAN

& ASilMORE 127 Peachtron Stroot, N.E.

Atlanta, Georgia 30303-1818 (404) 658-6243 4

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. UNITED STATES OF AMERICA .  !

HUCLEAR REGULATORY COKNISSION i'

, ATOMIC SAFETY AND LICENSING BOARD In the Matter of L GEORGIA POWER COMPANY, t f 11 Al. - 4 Docket Nos. 50-424 l t 50-425 l t ASLBP No. 91-647-OLA-2 i~

(Vogtle Electric  :

Generating Plant, t >

Units _1 and-2)  : i SXBYICE LISI l

[

t Ms. Glenn Carroll Secretary of the Commission [

Georgians Against Nuclear U.S. Nuclear Regulatory [

Energy Commission  ;

139 Kings Highway Washington, D.C. 20555  !

Decatur, Georgia 30030 ATTNt Docketing and  !

Services Branch i Charles Barth, Esquire Director, Environmental l Office of General Counsel Protection Division  !

White Flint North Department of Fiatural [

Stop 15B18 Resources {

U.S. Nuclear Regulatory 205 Butler Street, S.E. I Commission Suite 1252 i Washington, D.C. 20555 Atlanta, Georgia 30334 i i

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