ML20149F087

Order (Dismissing Contentions & Terminating Proceeding).* Licensee Motion to Dismiss Contentions & Terminate Proceeding Granted.Nrr Authorized to Make Appropriate Findings & Conclusion Contained in Ser.Served on 880209

ML20149F087
Person / Time
Site:	Humboldt Bay
Issue date:	02/09/1988
From:	Carpenter J, Lazo R Atomic Safety and Licensing Board Panel
To:	PACIFIC GAS & ELECTRIC CO.
References
CON-#188-5557 86-536-07-LA, 86-536-7-LA, OLA, NUDOCS 8802120016
Download: ML20149F087 (6)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

[0bIbfdLktk a Robert M. Lazo, Chairman James H. Carpenter Peter A. Morris SERVED FEB 0 91988

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In the Matter of Docket No 50-133-OLA (Decomissioning)

PACIFIC GAS AND ELECTRIC COMPANY ASLBP No. 86-536-07 LA (HumboldtBa Unit No. 3) y Power Plant, ) February 9,1988

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ORDER (DismissingContentions and Terminating Proceeding)

Pacific Gas and Electric Company (Licensee) is licensed to possess but not operate Humboldt Bay Power Plant, Unit No. 3, a 65-MWe boiling water reactor located in the city of Eureka, Humboldt County, California. On July 3,1986, pursuant to 10 C.F.R. I 2.104, the NRC published in the Federal Register a notice of consideration of the issuance of an amendment to the facility license and offered the opportunity for hearing on the amendment. 51 Fed. Reg. 24458. The

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amendment is related to decomissioning the facility and specifically would: (1)deletelicenseconditionsrelatedtoseismicinvestigation, analysis and modification; (2) approve the Licensee's decomissioning plan for 30 years of onsite storage of residual radioactivity (SAFSTOR);

(3) revise the technical specifications to reflect the permanent shutdown and "possess-but-not-operate" status of the facility and to h212OO'J688020'i33 G ADCCM 05000 PDR fVl

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,n 2-reflect the SAFSTOR status; and (4) extend License No. OPR-7 for an additional 15 years from November 9, 2000 to November 9, 2015 to bc ,

i consistent with the 30 years safe storage plan. .

Pursuant to that notice, the Redwood Alliance.I an unincorporated organization; Wesley Chesbro, an elected member of the Humboldt County Board of Supervisors; Douglas H. Bosco, a United States Congressman representing California's First Congressional District; Barry Keene, a member of the California Legislature representing California's Second Senate District; Daniel E. Hauser, a California State Assemblyman representing the Second Assembly District; Gaye M. Barr and the League of Women Voters of Humboldt County (Joint Intervenors); petitioned for leave to intervene and requested a hearing. In a Prehearing Conference Order, dated December 3,1986, the Board granted the requests for intervention, admitted six contentions, and set forth the schedule for discovery as ccar,encirg on December 15, 1986 and concluding 30 days after issuance of the Staff's Safety Evaluation Report (SER) and Final Environmental Statement (FES).

On May 1 and May 8,1937, respectively, the Board was officially furnished copies of the SER and the FES concerning the decomissioning 1

The Redwood Alliance sought derivative standing based on the interests of its adequately identified members, Ralph and Nona Kraus.

t of Humboldt Bay Power Plant, Unit No. 3 by the NRC Staff. With regard to the proposed amendments, the Staff concluded in its SER that: (1) there is reasonable assurance that the health and safety of the public will not be endangered by maintenance of the facility in the proposed manner [SAFSTOR], and (2) such activities will be conducted in compliance with the Comission's regulations, and the issuance of [the]

amendment will not be inimical to the comon defense and security or to the health and safety of the public (SER at 12-1).

In its FES (NUREG-1166 (April 1987)), the Staff concluded inter alia that: (1) a technical basis exists for decomissioning nuclear plants in a safe, efficient manner; (2) no significant environmental impacts will result from the storage of spent fuel in the spent-fuel pools; and (3) Humboldt Bay Unit 3 can be placed in SAFSTOR for a 30-year period with minimum environmental impact (NUREG-1166 at 5-1).

Meanwhile, in March 1987 representatives of PGandE and the Joint Intervenors had begun settlement discussions to try to resolve the matter short of litigation. These discussions ultimately led to the execution of a Pemorandum of Understanding dated June 8,1987, by PGandE and the Joint Intervenors which set forth terms for settlement of the litigation. Pursuant to this agreement, PGandE, Joint Intervenors, and the NRC Staff executed a Stipulation for Withdrawal of Contentions which incorporated the Memorandum of Understanding and implemented its provisions for withdrawal of Joint Intervenors contentions.

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By motion dated August 7,1987, licensee requested that the Board (1) enter an order providing for dismissal of all contentions, thereby terminating the adjudicatory proceeding and (2) authorize the Director of Nuclear Reactor Regulation to issue the requested license amendment.

Motion to Dismiss Conter.tions and Terminate Proceeding, at 5-6. As grounds for the motion, Licensee states that (a) the Staff's environmental and safety review of the amendment found the request acceptable and (b) Licensee and Joint Intervenors executed an agreement which provides terms for settlement of the proceeding, which culminated in the execution of a Stipulation for Withdrawal of the Contentions.

M.at4-6. The stipulation is appended to the motion and has been signed by all the parties to the proceeding.

Because there are no longer any issues in dispute, the Board grants Licensee's motion.

DISCUSSION Where the Board has raised no significant safety or environmental issue sua sponte, the only issues to be decided by a licensing board in an amendment proceeding are those issues contested by the parties.

Portland General Electric Co. (Trojan Nuclear Plant). ALAB-796, 21 NRC 4, 5, (1985); see 10 C.F.R. 2.760a. Accordingly, where admitted contentions are withdrawn, the matter becomes uncontested since there are no longer any matters which the parties wish to resolve in the

5-proceeding and there is no need for further hearings. See M ., Arizona Public Service Co. (Palo Verde Nuclear Generating Station, Units 2 and 3), LBP-85-26, 22 NRC 118 (1985) (intervention petition and contentions withdrawn by settlement agreement); Public Service Electric & Gas Co.

(Hope Creek Generating Station), LBP-85-6A, 21 NRC 468 (1985) (board approved withdrawal of intervenor and its contentions based upon a settlement agreement); Rochester Electric & Gas Corporation (R.E. Ginna Nuclear Plant, Unit 1), LBP-84-34, 20 NRC 769 (1984) (withdrawal of sole-intervenor); Anned Forces Radiobioloqy Research Institute (Triga-Type Research Reactor), LBP-84-15A,19 NRC 852 (1984) (withdrawal of intervenor based upon settlement agreement).

In the instant proceeding, the stipulation which provides for the withdrawal of all admitted contentions, effectively ends Joint Intervenors' status as a party, and removes all matters in controversy, in this adjudicatory proceeding. See10C.F.R.I2.714a(b).

Consequently, the Board has approved the stipulation and herein below enters an order dismissing the adjudicatory proceeding and authorizing the Staff to issue the requested amendment.

ORDER For all the foregoing reasons and upon consideration of the entire record in this matter, it is this 9th day of February 1988

ORDERED that Licensee's Motion To Dismiss Contentions And Terminate Proceeding is granted.

Is Further Ordered that the Director of Nuclear Reactor Regulation is authorized to make appropriate findings in accordance with the findings and conclusion contained in its SER and FES and the Comission's regulations approving PGandE's July 30, 1984, license amendment request for its Humboldt Bay Power Plant Unit No. 3 SAFSTOR decomissioning plan. It is Further Ordered that this matter be teminated.

THE ATOMIC SAFETY AND LICENSING BOARD M. g Robert M. Lazo, Chaiman C/

ADMINISTRATIVE JUDGE W / /.

s H. Carpenter /  ;

DMINISTRATIVE JUDGE Dated at Bethesda, Maryland, this 9th day of February 1988.

Judge Peter A. Morris has resigned from the Atomic Safety and Licensing Board Panel and did not participate in the drafting of this Order,

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