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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20064N8791983-02-0404 February 1983 Response to ASLB 830118 Memorandum & Order.Meteorological Tower Will Be Salvaged & Disposed Of.Exploratory Trench Will Be Left.State of or Requirements for Bank Sloping & Grass Seeding Will Be Met.Certificate of Svc Encl ML20066F8481982-11-12012 November 1982 Request for Withdrawal of Application for CP & for Order Terminating Proceedings.Utils Will Comply W/Public Util Commissioner of or Order to Terminate Util Interest in Project.Certificate of Svc Encl ML20052B4851982-04-26026 April 1982 Response Opposing Forelaws on Board 820415 Motion for Order Denying CP Application & for Terminating Proceeding.Motion Admits Util Intent to Relocate Site,Thereby Showing Proceeding Not Moot.W/Certificate of Svc ML20054D9861982-04-15015 April 1982 Motion to Terminate Further Hearings & to Deny License Application.State of or Denied Application So That Application Before NRC Rendered Moot.Relocating Plants Would Require New Application.Certificate of Svc Encl ML20054B9071982-04-0909 April 1982 Final Order Denying Util Application for Site Certificate. Proceedings Dismissed ML20054B9101982-04-0909 April 1982 Testimony of W Lindbald Before or Energy Facility Siting Council Withdrawing Application for Site Certificate ML20054B9151982-04-0808 April 1982 Supplemental Order Directing Util to Write Off Financial Investment in Plant or Show Cause Why Util Should Not Be Required to Do So ML20040D7621982-01-29029 January 1982 Request for Clarification of ASLB 811023 Order & Statement of Position on Dates for Completion of Const.Unclear How Seismic Issues Will Be Treated in Evidentiary Hearing on Alternate Site Issues.Certificate of Svc Encl ML20126M0741981-06-0101 June 1981 Argument Supporting Forelaws on Board Admission of Contentions AS-5 & AS-6.Requests That Issue on Whether to Proceed W/Hearings Be Submitted to Commission for Further Review.Certificate of Svc Encl ML20126K8301981-05-14014 May 1981 Responds to ASLB 810428 Order Re Util Future Plans for Facility.Const Was Deferred Until 1990 Since Work Would Not Be Completed in Time to Meet Expected Needs ML19341C5781981-02-13013 February 1981 Response to NRC & Applicant Findings of Fact & Conclusions of Law Re Environ & Site Suitability.Intervenor Agrees W/Nrc Findings D-3,6 & 9,opposes NRC Findings 37-45 & Applicant Findings 21-27,118 & 121-125.W/Certificate of Svc ML19339C8471981-02-0606 February 1981 Answer Opposing Intervenor Forelaws on Board 810122 Motion for Suspension of Further Hearings & Findings of Fact & Conclusions of Law.Request That Prehearing Conference Be Scheduled Should Be Renewed.Certificate of Svc Encl ML19345E8421981-01-22022 January 1981 Petition That ASLB Suspend Hearings & Proposed Findings of Fact & Conclusions of Law.Util Precluded from Const & Licensing Due to Passage of 801104 Ballot Measure 7. Certificate of Svc & Supportive Documentation Encl ML19338G4521980-10-22022 October 1980 Proposed Findings of Fact & Conclusions of Law in Form of Partial Initial Decision Re Environ & Site Suitability. Argues Adequacy of Location from Radiological Effects Standpoint.Certificate of Svc Encl ML19344B5891980-10-15015 October 1980 Requests Order Extending Time to File Proposed Findings of Fact from 801015 to 801022.Certificate of Svc Encl ML19323H0511980-05-27027 May 1980 Response to ASLB 800327 & 0403 Orders & to Fes,Suppl 1.Urges More Rigorous Site Alternative Analyses Prior to Further Hearings.Recommends That Subpart II of EPA Be Treated as Contention in Proceeding ML19211C4491979-10-12012 October 1979 Alleges,Before Energy Facility Siting Council of or, Insufficiency of Stds Regarding Support or Opposition to Site Certification Application,Re 790912 Proposed Order, Vol 1,need for Power.Questions Financial Ability ML19256E4061979-09-20020 September 1979 Motion for Order Fixing Time & Place of Prehearing Conference to Discuss Schedule & Status of Remaining Issues, Per ASLB 790511 Order.Nrc & State of or Do Not Object to Granting of Motion.Certificate of Svc Encl ML19256E4101979-09-12012 September 1979 Proposed Findings of Fact,Opinion,Conclusions & Order Re Site Certificate for Const & Operation of Facility. Requirements of Specific Stds Are Met ML19225B2541979-06-18018 June 1979 Notifies of Change of Counsel Effective 790618.JW Durham Replaces Hh Phillips ML20147J3271978-12-15015 December 1978 Memorandum Concerning Bd Questions.Puts Parties on Notice That Bd Will Have Questions Concerning Oper of Dirty Radwaste Sys.Resolution of Discrepancies to Be Sought at Next Meeting ML20204C6091978-11-13013 November 1978 Notice of W/Drawal by J Lawrence as Counsel Representing NRC in Proc Re Subj Facils,Effective Immediately.Cert of Svc Encl ML20148P8111978-11-0303 November 1978 Testimony of R Weller on Revs to NRC Staff Eval of Liquid Radwaste Sys W/Respect to 10CFR50App.I & Effect on Overall Cost-Benefit Balance. Supporting Documentation Encl 1983-02-04
[Table view] Category:PLEADINGS
MONTHYEARML20066F8481982-11-12012 November 1982 Request for Withdrawal of Application for CP & for Order Terminating Proceedings.Utils Will Comply W/Public Util Commissioner of or Order to Terminate Util Interest in Project.Certificate of Svc Encl ML20052B4851982-04-26026 April 1982 Response Opposing Forelaws on Board 820415 Motion for Order Denying CP Application & for Terminating Proceeding.Motion Admits Util Intent to Relocate Site,Thereby Showing Proceeding Not Moot.W/Certificate of Svc ML20054D9861982-04-15015 April 1982 Motion to Terminate Further Hearings & to Deny License Application.State of or Denied Application So That Application Before NRC Rendered Moot.Relocating Plants Would Require New Application.Certificate of Svc Encl ML20040D7621982-01-29029 January 1982 Request for Clarification of ASLB 811023 Order & Statement of Position on Dates for Completion of Const.Unclear How Seismic Issues Will Be Treated in Evidentiary Hearing on Alternate Site Issues.Certificate of Svc Encl ML20126M0741981-06-0101 June 1981 Argument Supporting Forelaws on Board Admission of Contentions AS-5 & AS-6.Requests That Issue on Whether to Proceed W/Hearings Be Submitted to Commission for Further Review.Certificate of Svc Encl ML20126K8301981-05-14014 May 1981 Responds to ASLB 810428 Order Re Util Future Plans for Facility.Const Was Deferred Until 1990 Since Work Would Not Be Completed in Time to Meet Expected Needs ML19341C5781981-02-13013 February 1981 Response to NRC & Applicant Findings of Fact & Conclusions of Law Re Environ & Site Suitability.Intervenor Agrees W/Nrc Findings D-3,6 & 9,opposes NRC Findings 37-45 & Applicant Findings 21-27,118 & 121-125.W/Certificate of Svc ML19339C8471981-02-0606 February 1981 Answer Opposing Intervenor Forelaws on Board 810122 Motion for Suspension of Further Hearings & Findings of Fact & Conclusions of Law.Request That Prehearing Conference Be Scheduled Should Be Renewed.Certificate of Svc Encl ML19345E8421981-01-22022 January 1981 Petition That ASLB Suspend Hearings & Proposed Findings of Fact & Conclusions of Law.Util Precluded from Const & Licensing Due to Passage of 801104 Ballot Measure 7. Certificate of Svc & Supportive Documentation Encl ML19344B5891980-10-15015 October 1980 Requests Order Extending Time to File Proposed Findings of Fact from 801015 to 801022.Certificate of Svc Encl ML19323H0511980-05-27027 May 1980 Response to ASLB 800327 & 0403 Orders & to Fes,Suppl 1.Urges More Rigorous Site Alternative Analyses Prior to Further Hearings.Recommends That Subpart II of EPA Be Treated as Contention in Proceeding ML19211C4491979-10-12012 October 1979 Alleges,Before Energy Facility Siting Council of or, Insufficiency of Stds Regarding Support or Opposition to Site Certification Application,Re 790912 Proposed Order, Vol 1,need for Power.Questions Financial Ability ML19256E4061979-09-20020 September 1979 Motion for Order Fixing Time & Place of Prehearing Conference to Discuss Schedule & Status of Remaining Issues, Per ASLB 790511 Order.Nrc & State of or Do Not Object to Granting of Motion.Certificate of Svc Encl 1982-04-26
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Fo r e1a wc o n B o ard *THE FOUR LAWS OF ECOLOGY
!. Everything is connected to everything Our conscience teaches ta itis right, els e.
Our reason teaches us it is useful, 2. Everything maat go somewhere.
thzt rnen should live according to the Golden Rule. 3. Nature known best.
W. Winwood Heade L There in n<> such thing a a free tunch.
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Alfred A Enopf 8,tc UNITED STATES OF AIGE:CA- 3.,
NUCLEAR REGULATORY CCMM:SSION
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ATOMIC SAFETY AND LICENSI5G BOARD 3efore Administrative Judges: \Mk /,
Ivan W. Smith, Chairran 7 _ , V, N '/
Dr. Walter " Jordan -
Dr. Oscar ).. Paris S/ '
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In the Matter of ) O M9 .C
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) 50 da (Febole Springs Nuclear Plant, Units 1 and 2)
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April 15, 1982 FORELAWS ON BOARD MOTION TERMINATE FURT2.IR HEARINGS IN THIS PROCEEDING AFD TO DENY TE PEB3LE SPRINGS ICENSING APPLICATION Forelaws On Board, pursuant to 10 CFR 2.730 and 2 749, hereby moves the Atomic Safety and Licensing Board o terminate further hearings in this proceeding and to deny the Tebble Springs Licensing Application before the Nuclear Regulatory Co.--ission of the United States of America.
STATEMENT OF MATERIAL FACTS On April 12, 1982, Portland General Electric, through its cot el -
Warren 'Jastincs, transmitted a letter notifying the Board of the w .1-drawal of "its Application to the State of Oregon for a Site Certificate for the Pebble Springs N'uclear Plant. " Attached to PGE's letter is a copy of the Orezon Enert 1 .ility Siting Council's April 9, 1982 Order in which-the Council stateda 3 A REVERENCE FOR ALL LIFE
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. ' GutDfuNES OF CREATIVE ENVIRONMENTAL *54 8204230567, -
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FORELAWS ON BOARD ,
, . "*, 2 (1)' All further proceedings in the Pebble Springs site certificate application cending before the Council are hereby term-inated:
(2) The applier.tl by the Portland General Electric Company for a site ce rti f ic t ~e is hereby denied: and (3) The Portland Uc.eral Electric Company is directed to advise the Federal Nuclear Regulatory Commission of the action taken by this Council in order to obviate the need for the hearing scheduled for. April 20, 1992, and it is further ordered that the Portland Gen-eral Electric Company take such action before the Federal Nuclear Re-gulatory Commission to carry out the intention of this order.
In addition, Portland General Electric " enclosed for the Board's and Staff's information a copy of an Order of the Oregon Public Utility Commissioner directing Portland General Electric Company to write off
- its financial investment in such f;cnt or to show cause why it shc2.'ed nct be required to do so."
I Portland General Electric's response to the Orders of both the Oregon Energy Facility si".ing Council and the Oregon Public Utility Commissioner has been to ir'orm this Board that "the Application to the Nuclear Regulatory C nmi. Men for a Construction Permit for these units is not beine withdrawn since the project could be continued at another location in another state." (emphasis added). Forelaws On Board contends that this action on the part of PGE is contrary to the intent of the Orders expressed above.
The Pebble Springs Application has been denied by the State of
- Oregon and all further hearings terminated. Portland General Electric I
l cannot obtain a license to construc t the Pebble Springs plants in , agon.
t Thus the Application before the Nuclear Regulatory Commission has been rendered noot ard any further licensing proceedings should be termine.ted with the Board's denia: of the Pebble Springs Application. If Portland 1
General Electric nr any n+' : so-called Applicant intends to locate 0
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these proposed nuclear plants "at another location in another state" they may do so by reanolvine with a new application before the Nuclemr Regulatory Commission. To allow this Application to languish before this Board any longer is to prejudice our interests as a party to this proceeding as well as th:. o 12all public interest. (10 CFR 2 759). .
Thus we pray that the Be_cd end these protracted hearings and deny this Application as being without further merit.
Respectfully submitted.
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- Pf[ 1 Lloyd 7y Mhrbet r For,e' a j laws On Spard e
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':t1 W 'i l ! E ATOi' R' r,AFETY AHD 1.ICEN">Illn DOARD In the lialtr r or )
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PORTLAllD GEMEi'/.L :LECTRIC ) Docket I!os. 50-514, COMPAllY , ET AL. ) Gbi S15 20 h:i n
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(Pobble Sprinc.s I:uclear Plant, ) -
Unitu 1 and P) )
CERTIP 4TE OF SERVICE .
I hereby certify that copies of "Forelaws On Board Motion to 5 minate Further Mearings in this Proceeding and to Deny the Febble Spr gs:Li-censing Application" dated April 15, 1982 in the above captioni ~ pro-ceedings have been served on the following by deposit in' the/Ur. .ted '
States mail, first class, this 15th day of April, 1982: -
Mr. ! van W. Smith, Chairman James W. Durham, Esq. ,,
Atomic Gare t,y ami L s n;<, Ecard Warren Hastings, Esq.
U.S. Muclear I:e.:yla ry ~ c m...i s si o n Portland General Electric. Company Washington, T '% 121 SW Salmon St., TD17 Portland, Oregon 97204 Atomic Garety & J icensing Board Frank W. Ost rander , Jr. , Esq.
U .o . Fucl ear Pe.gui ntory Commission Department of Justice V.'a sh ingt on , D.f . 20555 SpG SU Yamhill Portland, Oregon 97204 Dr. Walter.. J.r dn 881 Ucst Dut.er - i .N J. Carl Freedman Oak Ridge, ";
-O Dox 553 Cannon Beach, Oregon 97110 A tomic Ca .7: '.y m ,icensing Doard Pa: -] Frank Josselson, Esq.
U.S. Huclear .c: ulatory Co::.mir" ton Uilliam L. llallmark, Est, Washington, 10 '. M 55 R. Elaine llallmark , Esq.
1 SW Columbia, 8th Floor A tomic '. ai c t., .. .icensing Portland, Oregon 97258 Appeal ' ears i U.S. !!uclear ie. .n1;i tory Cormission Kathleen 11. Shea, Esq.
Washington, DC :0- 5 Lovenstein, tiewman, Reis, & Axelrad 1025 Connecticut Ave. , II.W.
11ernard 11. .ordenich, V" i . Washington, DC 20036 i Counsel for illy 7 t.a U.S. fluclear ie ulau ry rosa.ii ssi on Docketing and Service Section
- Uashington, I K! .'.055G Office of the Secretary U.S. !!uclear Hegulatory Commission l
Wajhington, nC 20555
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