ML20236N988

Stipulation for Withdrawal of Contentions.* Parties Request That Contentions Be Withdrawn Based on Terms of Encl 870608 Mou.W/Certificate of Svc

ML20236N988
Person / Time
Site:	Humboldt Bay
Issue date:	07/23/1987
From:	Fielder S, Locke R, Matt Young JOINT INTERVENORS - HUMBOLDT BAY, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PACIFIC GAS & ELECTRIC CO.
To:
Shared Package
ML20236N957	List: ML20236N954 ML20236N988
References
OLA, NUDOCS 8708120181
Download: ML20236N988 (6)

Text

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UNITED STATES OF AMERICA 1 -NUCLEAR REGULATORY COMMISSION 2 'Before The Atomic Safety and Licensing Board 3

In The Matter of  ;

4 Pacific Gas and Electric ) Docket No. 50-133 OLA 5 Company ) (Decommissioning)

)

6 (Humboldt Bay Power Plant ) Stipulation For Unit No. 3) ) Withdrawal of Conten-7 tions ,

i 8 Pursuant to the terms of the Memorandum of Understan-9 ding dated June 8, 1987 (copy attached) executed by Joint

'10 Interveners and Pacific Gas and Electric Company, 11 It is hereby stipulated by the parties to tnis pro-12 ceeding that all contentions in this proceeding be withdrawn.

13 HOWARD V. GOLUB i 14 RICHARD F. LOCKE I i

I 35 BRUCE NORTON Dated /# /f7 by /C 17 '

/ Richard F. Locke Attorney for Pacific Gas 18 and Elect Ac Company 19 ,

20 Dated 7[\ 'N by [ i

/ '

Sceft(6. Fielder "

21 Attorney for the Joint Interveners i 22 23 24 Dated 7 N by

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MitV GA 'foung; Co0nsel 25 For the Staff 26 ffO 500 ' pf ,

ll L - - - - - - - - - - - - - _ - - - - - - - _ - - - - - - - - _-

} MEMORANDUM OF 3GREEMENT 2

3 In consideration for the Joint Interveners, GAYE M. BARR, LEAGUE OF WOMEN VOTERS OF HUMBOLDT COUNTY, DANIEL E. HAUSER, 4

5 BARRY KEENE, DOUGLAS H. BOSCO, WESLEY CHESBRO, THE REDWOOD 6 ALLIANCE, RALPH KRAUS'and NONA KRAUS (hereinafter the Interveners) 7 agreeing to withdraw their opposition to Pacific Gas and Electric g Company's (hereinafter Licensee) request for modification of g their possession-only license in NRC Docket case. No. 50-133 OLA, 10 Licensee agrees to comply in good faith with the following terms 11 and conditions of settlement:

12 1. Licensee agrees to ship the spent fuel assemblies 13 presently stored at the Humboldt Bay Power Plant Unit 3 to the 14 Department of Energy (hereinafter DOE) as soon as the DOE has a 15 reporitory or some other facility in operation capable of 16 receiving the spent fuel assemblies under the terms of the 17 existing contract entered into between the Licensee and DOE on 18 June 30, 1983, or such other successor agreement as may be 19 entered into between Licensee and DOE or its successors or 20 assigns, and the DOE indicates its readiness to accept the spent 21 fuel assemblies.

22 Licensee further agrees to reasonably pursue the highest 23 DOE priority for,the removal of the Humboldt Bay Power Plant Unit 24 3 spent fuel assemblies.

25 2. Pacific Gas and Electric Company agrees to carry out 26 the process of final decommissioning of Humboldt Bay Unit 3 j 27 following the removal of the spent fuel assemblies and any other i

28 high or intermediate level waste from the Unit 3 site. Commence- l l

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l _ . _ - _ . _ _ _ . - - _ .

} ment of actual decommissioning activities will be subject to 2 receipt of appropriate approvals from the Nuclear Regulatory 3 Commission ("NRC"), and the availability of decommissioning i

4 funds based upon California Public Utility Commission ("CPUC")

5 action. If the cost of decommissioning at this earlier time 6 exceeds funds then authorized by the CPUC for decommissioning of 7 Humboldt Bay Unit 3, then the Interveners agree not to oppose g the Licensee's request before the CPUC for additional funds to g pay for the cost of decommissioning.

10 -3. Pinally, Licensee and the Interveners acknowledge that 1] at the present time, no DOE repository exists that can accept 12 the spent fuel assemblies presently stored at the Humboldt Bay 13 Power Plant Unit 3, and that no such DOE facility may exist for 14 a number of years. It is further understood by the parties to 15 this agreement that the NRC has authorized Dry Cask Storage as 16 a means of interim storage in the absence of a DOE repository, 17 but such an option is not yet authorized by the NRC for sites 18 such as Humboldt Bay Power Plant Unit 3.

19 The Licensee agrees to reexamine the possibility of 20 utilizing Dry Cask Storage, if and when such a storage option 21 becomes available for sites such as Humboldt Bay Power Plant 22 Unit 3. ,

23 4. Licensee further agrees to publicly commit to the 24 foregoing terms of settlement.

25 This agreement was entered into on the (3 day of

) 26 UuNe , 1987, at b Lo/'" t ?. , California.

27 28 // // //

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a 1 Signed on behalf of Licensee PACIFIC GAS AND ELECTRIC COMPANY 2

4 BY: N 5 '

1 BY: [.

RI' CHARD LOCKE

[  ;

d 8 Attorney for Pacific Gas and Electric Company 9

10 Signed on behalf of the JOINT INTERVENERS 12 [ ~ 13 ) DOUGLAS BOSCO 14 15 N 'l

                          '       M 16      '

DAN HAUSER ' 17

                                    "     \
                                               ~m _1 FAERY KEENE                                        j' 20 21 22 GAY OOwb OW BAIER
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l 25 LEAGUE 90% Oh h WOMEN VOTERS OF HUMBOLDT COUNTY l 27 e. 28 '1 / )ch  % REDWOOD ALL: NCE

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o l: 5 Y/) 1')

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I WESLEY CHE OV ' ' 3 b l-OL ' 3/s)

                     .NONA KRAUS 5

6 7 RALPH K PUS / dzQ ' 9 .. _. . , 10 sy: /fy ( /  %' SCOTT 1r. FIELDER 11 Attorney for the Joint

                         . Interveners 12 13 14 15 16
                .17 18 19 20 21 22 23                        .

2.4 . 25 i 26 1 27 28 i

C C '4>,e 1 UNITED STATES OF AMERICA I NUCLEAR REGULATORY COMMISSION '87 AUG 10 P1 :i2 3 In the Matter of ) hdq , , y,'

                                                 )                    !m % o 4 PACIFIC GAS AND ELECTRIC COMPANY             ) Docket No. 50-133 OLA (Humboldt Bay Power Plant, Unit No. 3)       )    (Decommissioning) 5                                              )

6 CERTIFICATE OF SERVICE 7 The foregoing document (s) of Pacific Gas and Electric 8 Company has been served today on the following by deposit in the United States mail, properly stamped and addressed: 9 10 Mitzi Young, Esq. Robert M. Lazo, Esq., Office of the Executive Chairman 11 Legal Director Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel 12 Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission 13 Washington, D.C. 20555 Secretary-14 U.S. Nuclear Regulatory Dr. James H. Carpenter, Commission Member 35 Washington, D.C. 20555 Atomic Safety and Licensing Attn.: Docketing and Board Panel 16 -Service Section U.S. Nuclear Regulatory Commission 37 Scott L. Fielder, Esq. Washington, D.C. 20555 517 Third Street, Suite 14 18 Eureka, CA 95501 Dr. Peter A. Morris, Member Atomic Safety and Licensing 19 Board Panel U.S. Nuclear Regulatory 20 Commission Washington, D.C. 20555 21 Dated: August 7, 1987 c, By

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l 24 Richa'rd F. Locke ' Attorney for 25 Pacific Gas and Electric Company 26 t}}