ML20206N017
| ML20206N017 | |
| Person / Time | |
|---|---|
| Site: | Berkeley Research Reactor |
| Issue date: | 11/21/1988 |
| From: | Gelb M, Pigott D BERKELEY, CA, CALIFORNIA, UNIV. OF, BERKELEY, CA, ORRICK, HERRINGTON & SUTCLIFFE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20206N021 | List: |
| References | |
| CON-#488-7571 88-574-07-OLA, 88-574-7-OLA, OLA, NUDOCS 8812020135 | |
| Download: ML20206N017 (4) | |
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l' UNITED STATES or AMERICA 4
NUCLEAR REGULATORY COMMISSION 2
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.3 ATOMIC SAFETY AND LICENSING BOARD l
4 Before Administrative Judges
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Helen F. Hoyt, Chair i
5 Glenn O.
Bright James H. Carpenter 2
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Docket No. 50-224-OLA i
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In the Matter of
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ASLBP No. 88-574-07-OLA 8
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UNIVERSITY OF CALIFORNIA,
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JOINT MOTION FOR DISMISSAL I
' BERKELEY
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0F HEARING PROCEDURE
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j 11 On January 8, 1988, the University of California, f
12 Berkeley ("Licensee") applied for an amendment to its License 13 No. R-101 to decommission and remove its research reactor 14 located'on the Berkeley campus, and subsequently terminate 15 License No. R-101.
On May 25, 1988, the City of Berkeley 16
("Intervenor") was granted intervenor status by the Atomic II Safety and Licensing Board ("ASLB" or the "Board") to l
18 intervene in the proceedings herein, subject to Intervenor's 4
l 18 filing of contentions to support its intervention in these l
20 proceedings.
On November 21, 1988, Intervenor and Licensee 21 entered into a Settlement Agreement, filed herewith and i-j 22 incorporated herein by this reference, to dismiss this hearing 23 procedure and return the request for amendment of License No. R-101 to NRC Staff for further processing as an f
25 uncontested matter.
The parties believe that the agreement 26 contained in the Settlewent. Agreement is a fair and reasonable l
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1 settlement of each of the contested issues and is in the 2
interests of all pascies and the public.1/
Intervenor and 3
Licensee hereby move the Board to accept the Settlement 4
Agreement and to dismiss this hearing procedure and return'the 5
request for amendment of License No. R-101 to NRC Staff for 6
further processing as an uncontested matter.2/
7 There are compelling policy reasons for dirmissal of 8
these proceedings by virtue of the parties' settlement.
9 Longstanding Commission policy supports dismissal:
10 The Commiccion racognizes that the public interest may be served through settlement of particular issues in a 11 proceeding or the entire proceeding.
Therefore, to the extent that it is not inconsistent with the hearing 12 requirements in section 189 of the (Atomic Energy] Act (42 U.S.C.
2239), the ' air and reasonable settlement of 13 contested initial licensing proceedings is encouraged.
It is expected that the presiding officer and all parties 14 to those proceedings will take appropriate steps to carry ut this purpose.
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The NRC Staff has been informed of the motion, has g7 reviewed the documents that comprise the settlement between Intervenor and Licensee, and has stated that it has no 10 objection to dismissal of these proceedings based on the settlement documents filed herewith.
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No other person has filed a petition to intervene, 20 requested a hearing, or sponsored any contentions, or therwise been granted status as a party to these proceedings 21 under 10 CFR $ 2.714.
Consequently, since all parties contentions have been withdrawn, dismissal of these 22 proceedings is appropriate.
Texas Utilities Electric Company, et al. (Commanche Peak Steam Electric Station, Units 1 and 2),
23 CPA-50-445, 27 NRC (July 5, 1988); see also Rochester Gas
& Electric Corporation (R.E. Ginna Nuclear Plant, Unit 1),
24 LBP-84-34, 20 NRC 769 (1984); Niagara Mohawk Power Corporation (Nine Mile Point Nuclear Station, Unit 2), LBP-83-45, 18 NRC 25 213 (1983).
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1 10 C.F.P..
$ 2.759.
See 10 C.F.R. Part 2, Appendix A 2
1 V.(d)(10); Commission Policy Statement on Conduct of 3
Proceedings, 46 Fed. Reg. 28533 (May 27, 1981).
These 4
policies favoring dismissal are consistent with the guidance 5
of the Appeal Board, see Philadelphia Electric Company 6
(Limerick Generating Station, Units 1 and 2), ALAB-830, 23 NRC 7
59, 60 (1986), and the practice of other licensing boards, see 8
e m, Texas Utilities Electric Company, et al. (Commanche Peak 9
Steam Electric Station, Units 1 and 2) CPA-50-445, 27 NRC 10 (July S, 1099); Public Service Electric and Gas Company (Hope 11 Creek Generating Station), LBP-85-6A, 21 NRC 648 (1985);
12 Rochester Gas & Electric Corporation (R.E. Ginna Nuclear 13 Plant, Unit 1), LBP-84-34, 20 NRC 769 (1984); Gulf States 14 Utilities (River Bend Station Units 1 and 2), LPP-84-51, 20 15 NRC 1478 (1984).
16 The parties' Settlement Agreement is supported by a 17 substantial technical basis and has been arrived at following 18 extensive exchanges of information.
Through the Settlement 19 Agreement the parties have agreed that the issues raised by l
20 Intervenors have been resolved and their interests can be 21 protected by withdrawal of the remaining contentions, 22 dismissal of the adjudicatory hearings, and implementation of 23 the programs and plans described and incorporated in the 24 Settlement Agreement.
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1 Accordingly, the parties respectfully request that the 2
Board:
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Accept the Settlement Agreement and Appendices A and B thereto of the parties, dated November 23 1988 and 4
filed herewith; 5
2.
Dismiss this hearing proceduro and return the request 4
for amendment of License No. R-101 to NRC Staff for 6
further processing as an uncontested matter.
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7 Respectfully submitted, 8
Dated: November 21, 1988 MAhdELA AI,BUQUERQUE, City Attorney MARJORIE GELB, Deputy City Attorney 9
JONATHAN ROTHMAN, Assistant Attorney
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I By Attorneys for In(ervenor
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12 CITY GF BERKELEY 13 Dated: November 21, 1988 UNIVERSITY OF CALIFORNIA, BERKELEY, 14 Licensee J
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By David R.
Pigott
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t 37 Jane B. Kroesche ORRICK, HERRINGTON & SUTCLIFFE 18 Attorneys for Licensee 19 20 21 22 23 i
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