ML20197E140

Memorandum & Order (Granting Motion to Terminate Proceeding).* Encl PG&E 880511 Motion to Terminate Proceeding as Moot Granted & Proceeding Terminated.Served on 880602

ML20197E140
Person / Time
Site:	Diablo Canyon
Issue date:	06/01/1988
From:	Smith I Atomic Safety and Licensing Board Panel
To:	PACIFIC GAS & ELECTRIC CO.
References
CON-#288-6436 88-566-03-OLA, 88-566-3-OLA, OLA, NUDOCS 8806080093
Download: ML20197E140 (3)

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COLKETED UdNRC L8 6/1/88 UNITED STATES OF AMERICA

'88 JLN -2 P1 :29 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 0 II b [NY:bf!

BRANCu Before Administrative Judges:

Ivan W. Smith, Chairman Jerry Harbour Gustave A. Linenberger, Jr.

SERVED JUN 2- 1988 In the Matter of Docket No. 50-275-OLA PACIFIC GAS AND ELECTRIC COMPANY ) Facility OL No. DPR-80 (ASLBPNo. 88-566-03-0LA)

(Diablo Canyon Nuclear Power Plant, Unit 1)

June 1,1988 MEMORANDUM AND ORDER (Granting Motion to Tenninate this proceedino)

The attached motion by Pacific Gas and Electric Company to terminate this proceeding as moot is not opposed by the NRC St6ff or the petitioner, Mothers for Peace. Notice of the proceeding was published in the Federal Register on October 21, 1987, 52 Fed. Reg. 39296, 39304.

The motion is granted. The proceeding is tenninated.

FOR THE ATOMIC SAFETY AND

' LICENSING BOARD 8806080093 880601 ADOCK 05000275

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PDR '

0 PDR q van W. Smith, Chairman ADMINISTRATIVE LAW JUDGE Bethesda, Maryland j

l June 1, 1988 I

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)

UNITED STATES OF AMERICA NUC'2AR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket No. 50-275 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 Terminate 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 Company ("PG&E") to revise l 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 l

l withdrawing its license amendment request seeking an additional l

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 i 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 required to be filed by July 31, 1988.

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submitted'by July 31, 1988 as required by the Unit i license 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 RICHARD F. 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 Bruce'Norton DATED: May 11, 1988 i

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