ML23254A387

San Luis Obispo Mothers for Peaces Notice of Withdrawal of Contention a

ML23254A387
Person / Time
Site:	Diablo Canyon
Issue date:	09/11/2023
From:	Curran D Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, San Luis Obispo Mothers for Peace (SLOMFP)
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
RAS 56781, 72-26-ISFSI-MLR
Download: ML23254A387 (0)

Text

September 11, 2023 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION and BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Pacific Gas and Electric Company Docket No. 72-26 Diablo Canyon Independent Spent Fuel Installation SAN LUIS OBISPO MOTHERS FOR PEACES NOTICE OF WITHDRAWAL OF CONTENTION A San Luis Obispo Mothers for Peace (SLOMFP) hereby notifies the Commission and the Atomic Safety and Licensing Board (ASLB) of its withdrawal of Contention A regarding Pacific Gas and Electric Companys (PG&Es) application for renewal of its license for the independent spent fuel storage installation (ISFSI) on the Diablo Canyon site. The ASLB admitted Contention A in Pacific Gas and Electric Co. (Diablo Canyon Independent Spent Fuel Installation), LBP-23-07, 98 N.R.C. __ (July 12, 2023). SLOMF is withdrawing the contention because PG&Es August 10, 2023 amendment to its license renewal application now appears to resolve the concerns raised by Contention A as admitted by the ASLB.

As a result of withdrawing the contention, SLOMFP will not respond to PG&Es brief on appeal of LBP-23-07 (filed with the Commission on August 14, 2023) or PG&Es motion to dismiss Contention A (filed with the ASLB on August 24, 2023).

SLOMFP recognizes that the withdrawal of Contention A will result in the termination of this adjudicatory proceeding. However, pursuant to 10 C.F.R. § 2.309(c), SLOMFP reserves the right to submit a new hearing request and petition to intervene if subsequent events or changes to PG&Es ISFSI license renewal application give rise to new safety or environmental concerns.

2 Respectfully submitted,

__/signed electronically by/___

Diane Curran Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

1725 DeSales Street N.W., Suite 500 Washington, D.C. 20036 240-393-9285 dcurran@harmoncurran.com September 11, 2023

3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the matter of Pacific Gas and Electric Company Docket No. 72-26 Diablo Canyon Independent Spent Fuel Installation CERTIFICATE OF SERVICE I certify that on September 11, 2023, I posted SAN LUIS OBISPO MOTHERS FOR PEACES NOTICE OF WITHDRAWAL OF CONTENTION A on the NRCs Electronic Information Exchange.

___/signed electronically by/__

Diane Curran