ML20150C632
| ML20150C632 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 03/10/1988 |
| From: | Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5879 OL, NUDOCS 8803210121 | |
| Download: ML20150C632 (4) | |
Text
5 271 t
1 00DETED UNC March 10,1988 l
118 MR 18 41:16 kg'((k,,h.jE*U llNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gua;g r
REFORE THE ATOMIC SAFETY AND LICENSING BOARD i
in the Matter of
)
)
DAIRYLAND POWER COOPERATIVE
)
Docket No. 50-tiO9 C4
)
(Lacrosse Bolling Water Reactor)
)
(FTOL Proceeding) i i
NRC STAFF RESPONSE IN SUPPORT
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OF MOTION TO TERMINATE THE PROCEEDING l.
INTRODUCTION By motion dated February 19, 1988, Dalryland Power Cooperative (DPC) requested that this proceeding be terminated due to a change in t
j circumstances.
The NRC staff (Staff) supports the motion for the rea-1 sons discussed below.
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11.
DISCUSSION
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In 1974, DPC applied to the Atomic Energy Commission for conver-slon of the provisional operating license for the Lacrosse Bolling Water f
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i Reactor (LACBWR) to a full term operating license, in 1978 the NRC l
granted a request for hearing concerning the application for license con-version and the environmental issues admitted for litigation were adjudl-i cated.
Following the issuance of a partial initial decision, the proceeding I
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was suspended to await the issuance of the Staff's Safety Evaluation Re-l 1
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port.
Dalryland Power Cooperative (Lacrosse Bolling Water Reactor) l 8803210121 090310 DR ADOCK 050 9
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Y i
I l
i [
LB P-82 -58, 16 NRC 512 (1982).
The provisional operating license for i
I LACBWR has remained in effect pursuant to the provisions of 10 C.F.R.
I 2.109 and DPC's timely application for a full term license.
Recent DPC correspondence has changed the underlying facts of this proceeding.
On April 29, 1987, DPC advised the Commission of its intent
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l i
to decommission LACBWR.
In June 1987, all fuel was removed from the
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reactor vessel and placed into the spent fuel pool at LACBWR and, after
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a request by
- DPC, in Avaust 1987 the Commission issued a
possession-only license to DPC for LACBWR.
In accord with its prior 4
f notice to the Commission, DPC has submitted a proposed decommissioning l
4 1
e plan and has modified the application for full term operating license to a
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t request for o possession-only license for the period of safe storage after f
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the decommissioning of LACBWR.
The modification of the application is f
essentially a withdrawal of that part of the original application requesting a license to operate LACBWR and, thus, as set forth in 10 C.F.R.
l l
5 2.107, such action shall be taken on such terms es the presid'ng officer 1
j may prescribe, in this situation, the Staff does not believe that it is i
t necessary to impose any conditions in granting the Licensee's request.
I The facility will continue to be subject to NRC regulatory authority dur-l ing the period that the possession only status remains in place and the
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decommissioning plan is reviewed
- and, if approved, implemented.
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10 C. F. R. I 2.107(a),
if the Licensee's request to withdraw its request f
l for a full term operatinq license is granted this proceeding becomes moot.
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l Accordingly, the Staff supports the DPC motion for termination of the j
l proceeding, i
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I l
l l
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a
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. Ill.
CONCLUSION For the reasons stated the DPC motion to terminate this proceeding should be granted, and the Board should orant DPC permission to with-draw the application for en operating license.
Respect fully sutmltted, WJ r H
ColIeen P. Woodhead Counsel for mC Staf f Dated at Rockville, Maryland this 10th day of March,1988 l
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WNFC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gg ggp j g gjj ;j 6 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD vFhu d :.. a u >
00CKEi m '. SEPVlf3 in the Matter of
)
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DAIRYLAND POWER COOPERATIVE
)
Docket No. 50-409
)
(La Crosse Boiling Water Reactor)
)
Full-Term Operating License CERTIFICATE OF SERVICE i hereby certify that copies of "NRC STAFF RESPONSE IN SUPPORT OF MOTION TO TERMINATE THE PROCEEDING" 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 through deposit in the Nuclear Regulatory Commission's internal mall system, this 10th day of March,1988:
Charles Bechhoefer, Chairman Mr. Frederick J. Shon Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Panet Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555*
Washington, D.C.
20555*
Dr. George C. Anderson Fritz Schubert, Esq.
Department of Oceanography Staff Attorney University of Washington Dalryland Power Cooperative l
Seattle, Washington 98195 2615 East Avenue, South La Cros'se, Wisconsin 54601 l
John Parkyn Plant Superintendent Mark Burmaster I
Dalryland Power Cooperative Coulee Region Energy Coalition La Crosse Bolling Water Reactor Rt. # 1, Box 77A Genoa, Wisconsin 54632 Chaseburg, Wisconsin 54621 Atomic Safety and Licensing Docketing and Service Section Board Panel Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555*
Washington, D.C.
20555*
Atomic Safety and Licensing Kevin Gallen, Esq.
Appeal Board Panel Newman & Holtzinger, PC l
U.S. Nuclear Regulatory Commission 1615 L Street, N.W.
Washington, D.C.
20555*
Washington, D.C.
20036 lbbs Colleen P. Woodhead Counsel for NRC Staff
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