ML20052B485

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

ML20052B485
Person / Time
Site:	05000514, 05000515
Issue date:	04/26/1982
From:	Hastings W PORTLAND GENERAL ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8204300482
Download: ML20052B485 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC S_A_FETY AND LICENSING BOARD b?29 plg73n

I In the Matter of )

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PORTLAND GENERAL ELECTRIC ) Docket Nos. 50-51 p at COMPANY, et al ) 50- g

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(Pebble Springs Nuclear Plant, )

RECEhdED ,Z.

Units 1 and 2) ) 6

_: APR 291982m- :7 aumaacumrsena -3 RESPONSE TO. MOTION TO TERMINATE #M7 N I. t o'

By Motion dated April 15, 1982, Intervenor, Forelaws on Board, moved this Board for an Order denying the current application for a construction permit and terminating this proceeding. Intervenor bases this Motion on 10 CFR 2.730 and 10 CFR 2.749. Applicants' Response to 'said Motion is as follows:

II.

The standard for dismissal of applications for construction permits is set forth in Puerto Rico Power Authority (Northeast Nuclear Plant, Unit 1) ALAB 605, 12 NRC 153 (1980). As there noted, the Board has the inherent power to dismiss moo proceedings. As there also noted, a moot I proceeding is ene in which the applicant has abandoned any plans to build the facility in question. Intervenor's Motion does not meet this test. On its face, it demonstrates an l

opposite intent on Applicants' part--an intent to continue the licensing proceeding and relocate the plant in another site.

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The Com.nission, in its discretion, has the authority l and has allowed applications for construction permits to be

l i transferred from one ' site to another. Recent examples include tne Skagit Nuclear Plant'now relocated to the Hanford site and the relocated Koshkonkong Plant. Please see Puget Sound Power

! & Light Co. (Skagit Nuclear Power Project) Docket Nos. STN t

50-522 and 50-523, and Wisconsin Electric Power-Company l (Koshkonkong Nuclear Plant, Units 1 and 2) Docket Nos. 50-502 and 50-503. In fact on August 25, 1977 the Licensing Board in I

, its last mentioned proceeding refused to dismiss an application i

on similar grounds where the applicants indicated their intention to amend the application to change the site of the proposed plant (CCH Nuclear Regulatory Reporter, page 25072) .

l III.

In summary, Intervenor has-moved'for summary disposi-tion of all issues in this proceeding, apparently in its i

favor. As the Motion admits all material facts, it is a Motion that must be denied. It must be. denied since it shows on its face that the current application is not moot. ,

DATED at Portland, Oregon, this 26th day of April, 1982 Respectfully submitted, i _M 40 l Warren Hastidhs  ;

Of Attorneys for Applicants

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a f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket Nos. 50-514 PORTLAND GENERAL ELECTRIC ) 50-515 COMPANY, ET AL. )

)

(Pebble Springs Nuclear Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' Response to Motion to Terminate has been served on the following by deposit in the United States mail, first class, this 26th day of April, 1982.

Judge Ivan W. Smith Alan S. Rosenthal, Chairman Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Dr. Lawrence R. Quarles Dr. Oscar H. Paris Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, D.C. 20555 Richard S. Salzman, Esq.

Dr. Wa l te r 11. Jordan Atomic Safety and Licensing 881 West Guter Drive Appeal Board Oak Ridge, Tennessee 37830 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Board Panel U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 t

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Ricnard J. Goddard, Esq. Mr. Lloyd K. Marbet Counsel for NRC Staff Forelaws on Board U.S. Nuclear Regulatory 19142 S. Bakers Ferry Road Commission Boring, Oregon 9 7J 9 Washington, DC 20555 Frank Josselson Docketing and Service Section William L. Hallmark Office of tne Secretary R. Elaine Hallmark U.S. Nuclear Regulatory . Eighth Floor Commission One S.W. Columbia n'ac h ing ton , DC 20S55 Portland, Oregon 97258 Frank Ostrander, Esq. J. Carl Freedman Assistant Attorney General Forelaws on Board State of Oregon Box 553 500 Pacific Building Cannon Besch, Oregon 97110 520 S.W. Yamhill Portland, Oregon 97204

1. 4496 4k9 Warren Hastigfjs Of Attorneys for Applicants 0002/G/dp