ML20137F104

Order Granting Licensee 801231 Motion to Withdraw Application to Permit Resumption of Power Operation & Granting NRC 851011 Motion Seeking Order Dismissing Proceeding.Proceeding Terminated.Served on 860115

ML20137F104
Person / Time
Site:	Humboldt Bay
Issue date:	01/14/1986
From:	Lazo R Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), PACIFIC GAS & ELECTRIC CO.
References
CON-#186-765 77-257-7-LA, 77-357-07-LA, 77-357-7-LA, OL, NUDOCS 8601170431
Download: ML20137F104 (3)

Text

"

o d /(b P

C0:.XE TED l UNITED STATES OF AMERICA N

NUCLEAR REGULATORY C0WilSSION ATOMIC SAFETY AND LICENSING BOARD 86 JAN 15 A10:04 Before Administrative Judges: OFFICE OF SEcauts -

00CXETlNG & SERvlu~

BRANCH Robert M. Lazo, Chairman Gustave A. Linenberger David R. Schink SES % JANya799g

)

In the Matter of ) Docket No. 50-133-0LA

)

PACIFIC GAS AND ELECTRIC COMPANY )

) ASLBP No. 77-357-07 LA (Humboldt Bay Power Plant, )

Unit No. 3 - Amendment to Facility )

OperatingLicense) ) January 14, 1986

)

MEMORANDUM AND ORDER TERMINATING PROCEEDING On October 11, 1985 the NRC Staff (Staff) filed a motion with the Licensing Board seeking an order dismissing the above-identified proceeding. In its motion the Staff argued that (1) the matter was moot because the Pacific Gas and Electric Company (Licensee) had sought.to withdraw its application for a license amendment which was the s9 ject of this proceeding and had submitted an application for decomissioning pursuant to which the Staff had recently amended the operating license to authorize " possession only" of the facility and (2) the Board did not have jurisdiction to consider the decomissioning application, but rather a separate proceeding and oppartunity for a hearing on the decomissioning would be available when the Staff noticed for consideration the decomissioning application.

B601170431 360114 PDR ADOCK 05000133 9 PDR y 35d

G

}.

?>

2 The Licensee filed a response on October 28, 1985, in support of the Staff's motion. No opposition and indeed no other response to the Staff's motion has been filed by any of the other parties to the proceeding.1 The Licensing Board has carefully considered the "NRC Staff Motion To Terminate Proceeding" and the response filed by Licensee and for the reasons set forth therein agrees that this proceeding should be dismissed. The submission of Licensee's decommissioning plan renders moot the amendment application which is the subject of this proceeding and any issue pertaining to the contested application. As a result, there are now no issues in dispute which are within the Licensing Board's jurisdiction to decide. Moreover, there will be an opportunity for interested persons to request a hearing on the deconinissioning application submitted by Licensee. Accordingly, there is no reason to hold a hearing in this proceeding or for the Licensing Board to retain jurisdiction.

IThe other parties to this proceeding are the Joint Intervenors, Thomas K. Collins, Dr. Elmont Honea, Frederick P. Cranston, < ,sley Chesbro, Demetrios L. Mitsanas, Six Rivers Branch of Frienu of the Earth and the Sierra Club.

i l

l

o g b.

b

\

3 ORDER For the foregoing reasons and in consideration of the entire record in this matter, it is this 14th day of January,1986 ORDERED

1. Licensee's motion of December 31, 1980, to withdraw its application for an amendment to permit resumption of power operation and to terminate further action on the application is hereby granted;

2. The NRC Staff's motion of October 11, 1985, seeking an order dismissing this proceeding is hereby granted; and

3. This license amendment proceeding is dismissed.

I FOR THE ATOMIC SAFETY AND L LICENSING BOARD I

l Y'

Robert M. Lazo, Chairman "

ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland, this 14th day of January 1986.

._ _ _ _ _ _ - _ .