ML20154E428

Motion to Terminate Proceeding.* Requests Termination of Pending Proceedings on Grounds of Mootness.Supporting Documentation & Certificate of Svc Encl

ML20154E428
Person / Time
Site:	Diablo Canyon
Issue date:	05/11/1988
From:	Norton B PACIFIC GAS & ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6269 88-566-03, 88-566-3, ASLBP-88-566-3, OLA, NUDOCS 8805200209
Download: ML20154E428 (5)

Text

r hEhf DCCKETED UNITED STATES OF AMERICA NC

?

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SA?ETY AND LICENSING BOARD 13 P4 :22 In the Matter of )

) Docket No. 50 diifla' M .(~ o bn..)

PACIFIC GAS AND ELECTRIC COMPANY )

) Facility License DPR-80

) (License Amendment)

(Diablo Canyon Nuclear Power Plant, ) ,

Unit No. 1) ) ASLBP No. 88-566-03 OLA

)

Motion To Terrtinate Proceedinc

?

On October 21, 1987 the NRC published in the Federal Register a "Notice of Consideration of Amendment to Facility License and Proposed No Significant Hazards Consideration and Opportunity for Hearing," 52 Fed. Reg. 39296, 39304. The proposed amendment was a request by Pacific Gas and Electric Conpany ("PG&E") to revise License condition 2.C.(7) of the Diablo Canyon Unit i license, DPR-80, to allow submittal of the mandated Long-Term Seismic Program ("LTSP") Final Report by July 31, 1989 rather than July 31, 1988.1 On May 6, 1988 PG&E notified the NRC in writing that it was withdrawing its license amendment request seeking an additional year to complete the LTSP and file a Final Report (attached).

In that letter PG&E stated that the Final Report will be 1 The Unit 1 license contained several conditions, one of which required PG&E to conduct a Seismic Design Bases Reevaluation Program and file a Final Report with the NRC three years following approval of the program by the NRC staff. The PG&E program plan was approved by the NRC l staff on July 31, 1985. Accordingly, the Final Report was l

required to be filed by July 31, 1988.

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- PDR ADOCK 05000275 i G PDR

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submitted by July 31, 1988 as required by the Unit 1 license j condition.

Due to these changed circumstances, PG&E hereby moves that the pending proceedings be terminated on the grounds of mootness.

Undersigned counsel has discussed the foregoing with counsel for the NRC, and I have been authorized to state that the NRC has no objection to this motion.

Respectfully submitted, HOWARD V. GOLUB RICKARD l'. LOCKE Pacific Gas and Electric Company P. O. Box 7442 San Francisco, CA 94120 (415) 972-6616 BRUCE NORTON c/o Richard F. Locke P. O. Box 7442 San Francisco, CA 94120 Attorneys for PACIFIC GAS AND ELECTRIC COMPANY By WR _

Bruce'Norton

! DATED: May 11, 1988

)

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Poemc tas and Electric Company 77 Bea sw h ts 0 See Sr. Frr:c:: CA W X 0;t 5 e:: '

4S MJN r. m E c Se n -

• 1.. w : r: e r May 6, 1988 PGLE Letter No. DCL-88-122 U.S. Nuclear Regulatory Comission ATTN: Document Control Desk Hashington, D.C. 20555 l b Re: Docket No. 50-275, OL-DPR-80 Diablo Canyon Unit 1 Hithdrawal of License Amendment Request 87-08 Gentlemen:

On September 24, , , Pacific Gas and Electric Company (PGLE) submitted License Mendment Request 87-08 (LAR) to allow filing of the Long Term ? tmic Program (LTSP) Final Report by July 31, 1989.

i Sinte the time of the submittal of the LAR, certain events have occurred which affect PGLE's need for the license amendment. First, the California Public Utilities Comission .ff requested and has been granted a delay for the start of hear a 's in the Diablo Canyon Rate Case. Under this revised schedule, hee ,s on the geosciences issues will commence in late August 1988. As a result of this delay, key LTSP personnel have additional time to engage in LTSP activities.

In addition, it has become increasingly evident that the adjudicatory process which has been invoked to consider the LAR will take a considerable amount of time and effort before it is ultimately concluded. This process would divert personnel involved in the LTSP and the Rate Case from their primary and necessary functions.

Given these developments, PGLE has decided to submit the Diablo Canyon Long Term Seismic Program Final Report by July 31, 1988 and, hereby, withdraws the LAR.

Kindly acknowledge receipt of this material on the enclosed copy of this letter and return it in the enclosed addressed envelope, interely, w

\

. D. Sh er cc: J. B. Hartin H. H. Hendonca P. P. Narbut B. Norton H. Rood B. H. Vogler CPUC Diablo Distribution 20985/0058K/DWO/1587

UNITED STATES OF AMERICA DOCKEiED U

NUCLEAR REGULATORY COMMISSION 18 SY 13 P4 :22

) 0FFIG .-r SEum In the Matter of ) Docket No. $615k(jpgd I

)

PACIFIC GAS AND ELECTRIC COMPANY )

) (License Amendment)

(Djablo Canyon Nuclear Power )

Flant Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that on May 11, 1988, copies of the following document in the above-captioned proceeding have been served on the following by deposit in the United States mail:

Ivan W. Smith, Chairman Docketing and Services Branch Atomic Safety and Licensing Office of the Secretary Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 (1 original plus 3 copies)

Jerry Harbour Benjamin H. Vogler, Esq.

Atomic Safety and Licensing Office of Executive Legal Board Panel Director U.S. Nuclear Reg'ulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Gustave A. Linenberger, Jr. Regional Counsel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Region V Commission 1450 Maria Lane, Suite 210 Washington, D.C. 20555 Walnut Creek, CA 94596 Atomic Safety and Licensing Samuel J. Chilk, Secretary Board Panel General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 1717 H Street, NW, MS 1035 Washington, D.C. 20555

, - . - . ~ , . . _ - - - , - - ..----m-, . ,e ,

~

Richard E. Blankenburg Edie Clark i Co-publisher Sandra A. Silver Wayne A. Soroyan, News Reporter San Luis Obispo Mothers South County Publishing Company for Peace P. O. Box 460 613 Stanford Arroyo Grande, CA 93420 San Luis Obispo, CA 93401 Managing Editor Nancy Culver

. San Luis Obisco County San Luis Obispo Mothers Telearam-Tribune for Peace 1321 Johnson Avenue 192 Luneta Street San Luis Obispo, CA 93406 San Luis Obispo, CA 93401 Richard F. Locke

%A Pacific Gas and Electric Company 77 Beale Street, 27th Floor San Francisco, CA 94106 Dated at Bethesda, Maryland, California, this lith day of May 1988.

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