ML20125B584

Order Dismissing Proceeding Due to Withdrawal of Mn Pollution Control Agency as Party.No Items of Controversy Remain

ML20125B584
Person / Time
Site:	Monticello
Issue date:	02/27/1978
From:	Lazo R Atomic Safety and Licensing Board Panel
To:	NORTHERN STATES POWER CO.
Shared Package
ML20125B586	List: ML20125B584 ML20127G569
References
NUDOCS 7912110367
Download: ML20125B584 (7)

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J h b ry? 13Ib UNITED STATES OF AMERICA - tmh.yf$ s &))

liUCLEAR REGULATORY C0W11SS103 T,

BEFORE THE ATOMIC SAFETY AND LICEf4SlfiG BOARD

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In the Matter of )

Docket No. 50-263 N097HERN STATES POWER COMPANY Amendment to License No. DPR-22 (Monticello Nuclear Generating ) (locrease Spent Fuel Storage Plant, Unit 1) Capacity)

ORDER DIStilSSit4G PROCEEDING the Commission published a " Notice of

• On September 19, 1977, Consideration of Proposed Modification to Facility Spent Fuel Storage Pool with respect to Northern States Power Company's (licensee's)

Monticello Nuclear Generating Plant (the facility) (42 Fed. Rgg.,

46963). The proposed amendment to Provisional Operating License No. DPR-22 would authorize modification of the spent fuel storage That notice provided that any person pool to increase its capacity.

whose interest might be affected by this proceeding could file a petition for leave to intervene in accordance with the Conmission's Rules of Practice in 10 CFR Part 2.

On October 17, 1977, the Minnesota Pollution Control Agency (MPCA), an agency of the State of Minnesota, filed a timely request that the Commission hold a public hearing to consider Licensee's

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x request for a license amendment to allow modification to the facility's spent fuel storage pool and petitioned for leave to intervene as a party in such a proceeding. Neither the Licensee nor the flRC Staff MPCA was admitted objected to petitioner's request for a hearing.

as a party to the proceeding pursuant to the provisions of 10 CFR 62.714 by the Atomic Safety and Licensing Board designated to rule on petitions for leave to intervene (Petition Board) by Memorandum and Order issued December 13, 1977. Th_e Memorandum and Order was implemented by the Pe.tition Board's Notice of Hearing on Amendment 13,1977 (42 Fed _.

Facility Operating License, also dated December Re,q.

q 63827, December 20, 1977), which Notice designated this Atomic No Safety and Licensing Board (Board) to conduct the proceeding.

other petitions for leave to intervene having been filed, the parties to the proceeding are Licensee, MPCA and the NRC Staff.

In a joint motion dated January 6,1978, Licensee, MPCA and the NRC Staff moved this Board for an Order approving the withdrawal of MPCA as a party to this proceeding in accordance with the Agree-In the same motion, ment entered into between Licensee and MPCA.

Licensee and the NRC Staff moved the Board for an order dismissing the proceeding.

Pursuant to notice, a prehearing conference was held on January 31, 1978, at which time the Board heard oral argument by

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d by counsel for all parties regarding MPCA's request to with intervention in this proceeding.

l Joint movants assert that termination of the hearing is in keeping with both Part 2 and Part 50 of the Commission's Ru Practice, which contemplate a hearing on Licensee's application an amendment of its Provisional Operating License only in-the e i

of an intervention, and that the withdrawal of MPCA as an interven

d would remove both the need and occasion for a hearing as the no longer be any matters in controversy among the parties.

J MPCA's request for leave to withdraw its Petition for Leave 1

ant to the Agreement to Intervene dated October 17,1977, is ,

j .. MPCA and filed as an which has been duly executed by Licensee While we do not expressly pass upon appendix to the pending motion.

the terms of the Agreement, we observe that it appears to mee 1

basic concerns as set forth in its Petition for Leave to In We note further, that aside from the general policy of Administrat Law f avoring harmonious settlement of contested issues, the pr of 10 CFR 52.759 of the Commission's Rules of Practice specifica encourage the fair and reasonable settlement of outstanding is Accordingly, in the light of_the docketed licensing proceedings.

Agreement, the Board hereby grants the request by MPCA for l 17, 1977.

withdraw its Petition for Leave to Intervene dated October I

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1 Therefore, the Board accepts the withdrawal of MPCA as a party to  !

, 1 I this proceeding.

In view of the withdrawal of liPCA as a party, there are no \

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longer any matters in controversy among the parties in this proceed-ing, and, consequently, there is no issue to be heard by the Board.

Dismissal of this proceeding is consistent with the Commission's i

regulations which do not contemplate a hearing on an application for an operating license, or an amendment thereto, in the absence of any matters in controversy, 10 CFR 6%2.104, 2.105, 50.58(b), and 50.91

' and with the general powers of the presiding officer in section 2.718.

The proceeding before this Board will, therefore, be terminated and the joint motion to dismiss the proceeding will be granted.

Accordingly, IT IS ORDERED, that the proceeding before this Board, noticed in the Commission's " Notice of Hearing on Amendment of Facility Operating License" dated December 13, 1977, be, and it hereby is, dismissed.

Dr. Walter H. Jordan and Dr. Richard F. Cole, members of this Board, join in this Order.

FOR THE ATOMIC SAFETY AND 4 LICENSING BOARD Robe t M. Lazo, Ch'airw g Yr QG1V Dated at Bethesda, Maryland, this 27th day of February, 1978.

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1 (INITl:!' STATFS ('i . ?""! .:!( ~i 'O*:

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In the M:ittt'r of )

) I'tirt e t No.tM 50-263 NORTilERN STATES PO'.1ER CO:!PANY)

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(Mon,ticello Nucirar Generating )

Plant,, Unit No. 1)

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CERTIF ICATE t'r <!:T.'iC:

I havo this day served the foregoin;; c'oeurent(s) compiled by I hereby certify that , ,

upon cach person designated on the of ficial service lir.t ding in the Of fice of the Secretary of the Con:nission in this procee 2-accordance with the requirenents of Section 2.712 of 10 Crn Part Rules of Practice, of the Nuc1 car Regulatory Conmission's Rule's and

• Regulations.

Dated at v?n sh inp en , D . <. t il s

,/7 day of dv 197 ,,.

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'.1M VZ/ 'l 0 ficc/of flic Sectedary of the Co==

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4 UNITED STATES OF AMERICA NUCLEAR REC'JLATORY CO>C4ISS10N

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' In the Matter of ) ,

) Docker No.(s) 50-263 UORTHERN STATES POWER COMPANY )

(Monticello Nuclear Generating ) )

Plant, Unit 1) )

i SERVICE LIST l

i Robert M. Lazo, Esq., Chairman

, Atomic Safety and Licensing Board

, U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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Mr. Steve J. Gadler 2120 Carter Avenue Dr. Riclard F. Cole St. Paul, Minnesota 55108 4 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission - Daniel L. Ficker, Esq.

Washington, D.C. 20555 City Attorney's Office j

- City Hall - 638 Dr. Walter H. Jordan St. Paul, Minnesota 55108 881 West Outer Drive 37830 I

Oak Ridge, Tennessee Honorable Sandra S. Gardebring

' Special Assistant Attorney General Richard Browne, Esq. Minnesota Pollution Control Agency l

Counsel for NRC Staff 1935 West County Road B2

U.S. Nuclear Regulatory Comission Roseville, Minnesota 55113 Washington, D.C. 20555 ~

Geoffrey P. Jarpe, Esq.

Gerald Charnoff, Esq. Maun, Hazel, Green, Hayes, l

4 J.E. Silberg, Esq. Simon and Arctz Shaw. Pittman, Potts &' Trowbridge Hacm Building, Suite 332 1800 "M" Street, N.U. St. Paul, Minnecota 55102 l' Washington, D.C. 20006 The Environmental Conservation Donald E. Nelson, Esq. Library i Vice President & General Counsel -Minneapells Public Library Northern States Power Company 300 Nicollet Mall 55401 414 Nicollet Mall 55401 Minneapolis, Minnesota Minneapolis, Minnesota Russell J. Hatling, Chairman John-Mark Stensvaag, Esq. Ennesota Enviromental Control Jocelyn Furtwangler Olson, Esq. Citizens Association (MECCA)

Minnesota Pollution Control Agency Energy Task Force 1935 West County Road B2 144 Melbourne Avenue, S. E.

Roseville, Minnesota 55113 Minneapolis, Minnesota 55414

page 2 50-263, .

Information copies cent to:

Mr. Leonard O. LaShomb Warren R. Lawson,1f. D, Executive Vice President Secretary and Executive Officer Minnesota AFL-CIO State of Minnesota Department 414 Auditorium Street of Health St. Paul, Minnesota 55102 717 Delaware Street, S. E.

Minneapolis, Minnesota 55440 Mr. Gene Walters, President Monticello Chamber of Commerce Mr. Robert L. Herbst Monticello, Minnesota 55362 Commissioner State of Minnesota Department of Natural Resources Centennial Office Building St. Paul, Minnesota 55155 e.,p e*