ML20237L688
| ML20237L688 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 08/26/1987 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4306 OLA, NUDOCS 8709090036 | |
| Download: ML20237L688 (6) | |
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-2 A10 :08 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- n Onr o BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of
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PACIFIC GAS AND ELECTRIC
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Docket No. 50-133 OLA COMPANY
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(Decommissioning)
(Humboldt Bay Power Plant
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Unit No. 3)
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NRC STAFF RESPONSE TO LICENSEE MOTION TO DISMISS CONTENTIONS AND TERMINATE PROCEEDING l.
INTRODUCTION Pacific Gas and Electric Company is licensed to possess but not operate Humboldt Bay Power Plant, Unit No. 3, a 65-MWe boiling water reactor located in the city of Eureka, Humboldt County, California.
On July 3,1986, pursuant to 10 C.F.R. 6 2.104, the NRC published in the Federal Realster a notice of consideration of the issuance of an amendment to the facility license and offered the opportunity for hearing on the 51 Fed. Reg. 24458. O amendment.
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The amendment is related to decommissioning the facility and specifi-cally would:
- 1) delete license conditions related to seismic investi-
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- gation, analysis and modification; 2) approve the licensee's decommissioning plan for 30 years of onsite storage of residual radio-activity (SAFSTOR); 3) revise the technical specifications to reflect the permanent shutdown and " possess-but-not-operate" status of the facility and to reflect the SAFSTOR status; and 4) extend the term of License No. DPR-7 for an additional 15 years from November 9, 2000 to November 9, 2015 to be consistent with the 30 year safe storage plan.
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i Pursuant to that notice, the Redwood Aillance, 2_/ an unincorporated organization, Wesley... wro, an elected member of the Humboldt County Board of Supervisors, Douglas H.
Bosco, a United States Congressman representing California's First Congressional District, Barry Keene, a member of the California Legislature representing California's Second Senate District, Daniel h,
Hauser, a California State Assemblyman representing the Second Assembly District, Gaye M.
Barr, and the League of Women Voters of Humboldt County (Joint interveners),
petitioned for leave to Intervene and requested a hearing, in a Prehearing Conference Order, dated December 3,1986, the Board granted i
the requests for intervention, admitted six contentions, and set forth the i
schedule for discovery as commencing on December 15, 1986 and 1
concluding thirty days after issuance of the Staff's Safety Evaluation Report (SER) and Final Environmental Statement (FES).
By letter of Staff counsel dated May 1 and May 8,
- 1987, respectively, the Board was furnished copics of the April 1987 SER and
- FES, NUREG-1166, concernirig the decommissioning plan.
In both documents the Staff concluded that the requested amendment was acceptabic. SER at 12-1; FES at 5-1.
By motion dated August 7, 1987, Licensee requests the Board (1) enter an order providing for dismissal of all contentions, thereby terminating the adjudicatory proceeding and (2) authorize the Director of Nuclear Reactor Regulation to issue the requested license amendment.
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The Redwood Alliance sought derivative standing based on the interests of its adequately identified members, Ralph and Nona f
K raus.
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4....j Motion to Dismiss Contentions and Terminate Proceeding, at 5-6.
As p
i grounds for the motion, Licensee states that (a) the Staff's environmental and' safety review of the amendment found the request acceptable and
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l (b) Licensee and Joint Interveners executed an agreement which prevides terms for settlement of the proceeding, which culminated in the executhn l
of ' a' Stipulation for Ylithdrawal of the Contentions.
Id. at 4-6.
The stipulation is appended to the motion and has been signed by all the parties to the proceeding.
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i Decause there are no longer any issues in dispute, the Board should j
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Drant Licensee's motion, j
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DISCUSSION I
l Vihere the Board has raised no significant safety or environmental
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issue sua sponte, the only issues to be decided by a licensing board in an amendment proceeding are those issues contested by the parties.
Portland General Electric Co. (Trojan Nuclear Plant), ALAB-796, 21 NRC
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4, 5 (1985); see 10 C.F.R. 2.760a.
Accordingly, where admitted conten-tions are withdrawn, the matter becomes uncontested since there are no l
e longer any matters which the parties wish to resolve in the proceeding and there is no need for further hearings.
See e.g.,
Arizona Public 1
Service Co. (Palo Verde Nuclear Generating Station, Units 2 and 3),
LBP-85-26, 22 NRC 118 (1985)(intervention petition and contentions withdrawn by settlement agreement); Public Service Electric f, Gas Co.
(Hope Creek Generating Station), LBP-85-6A, 21 NRC 468 (1985)(board j
approved withdrawal of intervenor and its contentions based upon a l
settlement. agreement); Rochester Electric & Cas Corporation (R.E. Ginna
. Nucicar Plant, Unit 1), LBP-84-34, 20 NRC 769 (1964)(withdrawal of sole intervenor);
Armed Forces Radiobiology Research Institute (Triga-Type Research Reactor), LB P-84-15 A,
19 NRC 852 (1984)
(withdrawal of intervenor based upon settlement agreement),
in the instant proceeding, the stipulation which provides for the withdrawal of all admitted contentions, effectively ends Joint interveners' status as a party, and removes all matters in controversy, in this adjudicatory proceeding.
See 10 C.F.R. 9 2,714a(b).
In addition, the Staff has concluded that the safety and environment; espects of the proposed amendment are acceptable.
Consequently, the Goard should approve the stipulation and enter an order dismissing the adjudicatory proceeding and authorizing the Staff to issue the requerted amendment.
j 111. CONCLUSION J
Based on the foregoing, the Board shculd grant Licensee's motion to dismiss all contentions, terminate this adjudicatory proceeding, and end the Board's Jurisdiction over the admendment by authorizing the Director of Nuclear Reactor Regulat'on to !ssue the requested amendinent upon I
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making the requisite findings.
Respectfully submitted, 1
4 Mit i A Young Counsel for NRC Staff l
Dated at Bethesda, Maryland j
this 26th day of August,1987
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' i'h U'NITED' STATES OF AMERICA NUCLEAR REGULATORY ' COMMISSION
'87. SEP -2 A10:08 BEFORE THE ATOMIC SAFETY AND LICENSING BOARbSh:. u s Jeg plM-1 In' the Matter of -
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PACIFIC GAS AND ELECTRIC _
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Docket No. 50-133 OLA
' COMPANY
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(Decommissioning)
- (Humboldt Bay Power Plant.
)
. Unit No. 3)
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1 CERTIFICATE OF SERVICE I hereby certify thats copies of "NRC STAFF RESPONSE TO LICENSEE MOTION. TO DISMISS CONTENTIONS AND ' TERMINATE PROCEEDING" in
- the. above-captioned _ prococding have been served on the following by depos!t l In the -United States taail, first class, or as_ indicated by an.
i asterisk through deposit :in the. Nuclear Regulatory: Commission's internal mail system,;this 26th day of August,1987:
Dr. _ Robert.M. Lazo,. Chairman
- Dr. Peter A. Morris *
, A@inistrative Judge' Administrative _ Judge Atemic Safety and Licensing Board Atomic Safety and Licensing Board L U.S. Nuclear Regulatory Commission
' U.S. Nuclear Regulatory Commission
- Washington, DC 20555 Washington, DC ~ 20555 '
Dr. James H. Carpenter
- Scott L. Fielder, Esq.
-. Administrative Judge 517 Third Street, Suite 14 Atomic SE!bty and Licensing Board Eureka, CA 95501 U.S. - Nuclear Regu!atory Commission Washington, - DC 20555 Richard Locke Pacific Cas and Electric Comptny
. Atomic: Safety and Licensing Low Departrhent
~ Appeal. Board
- P,0. Box 7442 o
U.S. Nuclear Regulatory Commission San Francisco, CA 94120 '
Washington,' DC 20555 Atomic Safety and Licensing Board *
" Docketing & Service Section*
U.S. Nuclear Regulatory Ccmmission Office of the. Secretary Washington, DC 20555 U.S.
Nuclear Regulator y Commission
' Washington:, DC. 20555 Ralph _ E Nona Kraus 2479 Wrigley Road Honorable Dan Hauser Eureka, CA 95501 Assemblyman, 2nd District 1334 Fifth Street Eureka, CA 95501 1
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C Honorable Doug Bosco Honorable Barry Keene U.S. Congressman Second Senate District 517 Seventh Street 533 "G" Street Eureka, CA 95501 Eureka, CA 95501 i
Redwood Alliance Honorable Wesley Chesbro Post Off!ce Box 293 Supervisor, Third District Arcata, CA 95521 Post OfGce Box 4661 Redwood Alliance
. Arcata, CA 95521 i
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' Counsel for NRC Staff k
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