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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20153G3141998-06-29029 June 1998 Transcript of 980629 Public Meeting Re Peach Bottom Unit 1, Decommissioning Status in Delta,Pa.Pp 1-65.Reporter Certificate Encl ML20249B9981998-06-22022 June 1998 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements. Exemption Authorized ML20247M8801998-05-19019 May 1998 Confirmatory Order Modifying Licenses Effective Immediately. PECO Energy Co Shall Complete Final Implementation of Thermo-Lag 330-1 Fire Barrier Corrective Actions at Peach Bottom Atomic Power Station,Units 2 & 3 ML20216G0321998-03-0404 March 1998 Comment Re Draft RG DG-1071, Std Format & Content for Post- Shutdown Decommissioning Activities Rept. Recommends That Draft RG Be Revised to Accommodate Situations Similar to That Described for Unit 1 ML20198J0931997-12-18018 December 1997 Order Approving Application Re Merger Between Atlantic Energy Inc,& Delmarva Power & Light Co ML20113C6631996-06-24024 June 1996 Comments on Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors ML20115H7061996-06-0404 June 1996 Submits Addl Info to Support Petition for Rulemaking PRM-72-3 Re Amend to SAR ML20083N3971995-04-26026 April 1995 Comment Supporting Proposed GL, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves ML20081B3811995-03-0101 March 1995 Comment Supporting Proposed Suppl 5 to GL 88-20, IPEEE for Severe Accident Vulnerabilities ML20059L3201993-11-24024 November 1993 Exemption from Training Requirements of 10CFR50.120 Re Establishment,Implementation & Maintenance of Training Program ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20247B6151989-07-19019 July 1989 Memorandum & Order.* Grants Commonwealth of PA Motion Requesting Order Confirming Commonwealth Withdrawal of Petition to Intervene & Proposed Contentions & Terminating Proceeding.W/Certificate of Svc.Served on 890720 ML20246N8071989-06-30030 June 1989 NRC Staff Fourth Status Rept Re Settlement Agreement.* NRC Responded to Agreement,Per Encl ,Advising Licensee That NRC Has No Objection to Agreement Between Licensee & Commonwealth of Pa.W/Certificate of Svc ML20246P2951989-06-29029 June 1989 Notice of Withdrawal & Motion to Terminate Proceeding.* Withdraws 880122 Petition to Intervene & Requests Termination of Proceeding,Per Agreement Between Parties Re Licensee Commitment to Take Actions.W/Certificate of Svc ML20248B4631989-06-0101 June 1989 NRC Staff Third Status Rept Re Settlement Agreement.* Final Agreement Being Prepared,Per 890428 Meeting Resolving Outstanding Issues.W/Certificate of Svc ML20245J2331989-04-28028 April 1989 NRC Staff Second Status Rept Re Settlement Agreement.* Next Status Rept Will Be Filed by 890601.Certificate of Svc Encl ML20247B0641989-04-17017 April 1989 Transcript of 890417 Discussion/Possible Vote in Rockville, MD Re Plant Restart.Pp 1-64.Viewgraphs Encl ML20247A2971989-04-0404 April 1989 Comment Supporting Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246P6921989-04-0404 April 1989 Requests Party Brief on Support of Appeal of Denial of FOIA Request Re Records of Investigation Into Events Surrounding 870331 Shutdown of Plant ML20248F5411989-03-31031 March 1989 NRC Staff Status Rept Concerning Settlement Agreement.* NRC Informed Commonwealth of PA & Util of Certain Concerns Noted in Review of Settlement Documents Forwarded by .W/Certificate of Svc ML20247A8861989-03-27027 March 1989 Memorandum & Order.* Stays Util Obligation to Respond to Contentions,Per Ongoing Settlement Discussions Between Util & Commonwealth of Pa.Monthly Status Rept Requested.W/ Certificate of Svc.Served on 890327 ML20247A6541989-03-24024 March 1989 Philadelphia Electric Co consented-to Motion to Stay Responses to Commonwealth of PA Proposed Contentions.* Requests That ASLB Stay Util Obligation to Respond to Commonwealth of PA 880824 Contentions.W/Certificate of Svc ML20236B4551989-03-0808 March 1989 Transcript of ACRS GE Reactor Plants Subcommittee 890308 Meeting in Bethesda,Md Re Peach Bottom Restart.Pp 1-129 ML20236B4001989-03-0808 March 1989 Transcript of ACRS GE Reactor Plants Subcommittee 890308 Meeting in Bethesda,Md Re Plant Restart.Pp 130-280. Supporting Documentation Encl ML20235N2611989-02-21021 February 1989 Philadelphia Electric Co consented-to Motion for 30-day Extension to Respond to Commonwealth of PA Contentions.* Requests That Deadline for Response & NRC Response to 880824 Contentions Be Extended by 30 Days.W/Certificate of Svc ML20235J5451989-02-0606 February 1989 Transcript of 890206 Briefing in Rockville,Md Re Status of Plant.Pp 1-49.Supporting Info Encl ML20206L6081988-11-18018 November 1988 Exemption from Schedular Requirements of 10CFR50.54(w) Re Property Insurance Required to Be Carried by Reactor Licensees ML20205R4041988-11-0404 November 1988 Order.* Grants Applicant 881103 Unopposed Motion for 45-day Extension of Time to Respond to Commonwealth of PA Contentions.Served on 881107 ML20205R8161988-11-0303 November 1988 PECO consented-to Motion for 45-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20205Q2061988-10-28028 October 1988 Comment Opposing Petition for Rulemaking PRM 50-52 Re Exemption of Financial Qualifications of Applicants from Review of OL Applications.Petition Presents No Compelling Reason to Amend Current Rules ML20195E6501988-10-24024 October 1988 Comment Supporting Petition for Rulemaking PRM 50-52 Re NRC Reinstatement of Financial Qualifications of Util as Consideration in Operating Licensing Hearings for Electric Utils ML20155F1681988-10-0505 October 1988 Transcript of 881005 Public Meeting in Rockville,Md Re Status of Plant.Pp 1-56.Viewgraphs & Notes Encl ML20155E8931988-10-0303 October 1988 Comment on Proposed Rule 10CFR50.54(w)(5)(i) Re Amending Implementation Schedule for Stabilization & Decontamination Priority & Trusteeship Provisions of Property Insurance Regulations.Nrc Initiated Exemptions Expected Before 881004 ML20154R6491988-09-25025 September 1988 Requests Extension of Comment Period on Proposed Rule 10CFR52 Re Reactor Licensing ML20153H6781988-09-0202 September 1988 Order.* Grants Applicant Unopposed Motion for 60-day Extension of Time to Respond to Commonwealth of PA Contentions.Nrc Also Granted Extension of Time.Served on 880906 ML20153H6901988-09-0101 September 1988 Philadelphia Electric Co Consented to Motion for 60-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20153D0451988-08-24024 August 1988 Supplement to Petition & Statement of Contentions of Commonwealth of Pa.* Requests That Board Grant Petition to Intervene & Request for Hearing on Contentions.Certificate of Svc Encl ML20151U7821988-08-10010 August 1988 Order Modifying License DPR-44,DPR-56,NPF-39 & CPPR-107 for Violations Involving Licensed Operators Sleeping in Control Room,Reading Matls Not Directly Job Related & Otherwise Inattentive to Obligations of License ML20247N7531988-07-28028 July 1988 Petition for Rulemaking PRM-50-53 Requesting NRC Action to Review Undue Risk Posed by BWR Thermal Hydraulic Instability.Nrr Should Issue Order Requiring All GE BWRs to Be Placed in Cold Shutdown for Stated Reasons ML20151G0031988-07-19019 July 1988 Comment on Proposed Rule 10CFR50 Re Cooperation W/States at Commercial Nuclear Power Plants & Other Facilities. Suggests Rev to Policy to Grant Same Rights & Responsibilities to All States within 10 Miles of Plant ML20196B4521988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Granting of Addl Extension of Time of 60 Days Until 880824 for Filing of Contentions in Matter Requested. W/Certificate of Svc ML20195D1681988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Commonwealth of PA Requests That Board Grant Addl Extension of Time Until 880824 for Filing of Contentions.Granted for Licensing Board.Served on 880621 ML20196B9211988-06-0808 June 1988 Comment Supporting Proposed Rule 10CFR50 Re Emergency Planning & Preparedness Requirements for Nuclear Power Plant Fuel Loading & Initial Low Power Operations ML20197E1071988-05-25025 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Served on 880525.Granted for ASLB on 880520 ML20154H7821988-05-19019 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Requests Extension for Filing Until 880620 Due to Continued Discussions Between Util & Commonwealth of Pa. Certificate of Svc Encl ML20151Y4781988-05-0303 May 1988 Order.* Grants Commonwealth of PA 880422 Motion Seeking 30- Day Extension of Time for Filing Contentions & Amends to Petition to Intervene in Proceeding.Served on 880503 ML20151T4841988-04-22022 April 1988 Request for Extension of Time in Which to File Contentions & Supplement to Petition to Intervence & Request for Hearing.* Thirty-day Extension Sought for Listed Reasons. Certificate of Svc Encl ML20151E9391988-04-0808 April 1988 Memorandum & Order (Setting Deadline for Filing of Contentions).* Alters Deadlines in Section 2.714 (a)(3) & (B) of Order to Provide for Filing of Commonwealth Contentions & Amends to 880425 Petition ML20153E7281988-04-0101 April 1988 Order Appointing Licensing Board to Determine If Commonwealth of PA 880122 Petition Has Identified Issues within Scope of License Amends on Which Hearing Requested. Served on 880401 ML20196F5941988-02-24024 February 1988 Comment Supporting Proposed Rule 10CFR62 Re Emergency Access to Low Level Radwaste Disposal Sites.Believes Proposed Criteria Well Developed & Will Be Effective in Maintaining Control of Amount of Radwaste Sent to Sites 1998-06-29
[Table view] Category:PLEADINGS
MONTHYEARML20246P2951989-06-29029 June 1989 Notice of Withdrawal & Motion to Terminate Proceeding.* Withdraws 880122 Petition to Intervene & Requests Termination of Proceeding,Per Agreement Between Parties Re Licensee Commitment to Take Actions.W/Certificate of Svc ML20247A6541989-03-24024 March 1989 Philadelphia Electric Co consented-to Motion to Stay Responses to Commonwealth of PA Proposed Contentions.* Requests That ASLB Stay Util Obligation to Respond to Commonwealth of PA 880824 Contentions.W/Certificate of Svc ML20235N2611989-02-21021 February 1989 Philadelphia Electric Co consented-to Motion for 30-day Extension to Respond to Commonwealth of PA Contentions.* Requests That Deadline for Response & NRC Response to 880824 Contentions Be Extended by 30 Days.W/Certificate of Svc ML20205R8161988-11-0303 November 1988 PECO consented-to Motion for 45-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20153H6901988-09-0101 September 1988 Philadelphia Electric Co Consented to Motion for 60-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl ML20196B4521988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Granting of Addl Extension of Time of 60 Days Until 880824 for Filing of Contentions in Matter Requested. W/Certificate of Svc ML20195D1681988-06-17017 June 1988 Motion for Third Extension of Time in Which to File Contentions.* Commonwealth of PA Requests That Board Grant Addl Extension of Time Until 880824 for Filing of Contentions.Granted for Licensing Board.Served on 880621 ML20197E1071988-05-25025 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Served on 880525.Granted for ASLB on 880520 ML20154H7821988-05-19019 May 1988 Second Motion for Extension of Time in Which to File Contentions.* Requests Extension for Filing Until 880620 Due to Continued Discussions Between Util & Commonwealth of Pa. Certificate of Svc Encl ML20151T4841988-04-22022 April 1988 Request for Extension of Time in Which to File Contentions & Supplement to Petition to Intervence & Request for Hearing.* Thirty-day Extension Sought for Listed Reasons. Certificate of Svc Encl ML20147B9941988-02-0808 February 1988 Comments Opposing Petition of Commonwealth of PA to Intervene & to Request Hearing in Proceeding on Proposed Amends to Ols.Util Concurs W/Nrc That Amends Raise Nshc. Certificate of Svc Encl ML20151Q2351987-11-20020 November 1987 Commonwealth of PA Petition for Hearing.* Public Hearing to Consider Safety Problems & Contemplated Licensing Changes Requested ML20151Q1941987-11-20020 November 1987 Commonwealth of PA Petition for Hearing.* Petition for Public Hearing to Consider Safety Problems & Contemplated Licensing Changes Involved in Commission Proceedings Re Plant Requested ML19273B9911979-05-0202 May 1979 Motion for Reconsideration of ALAB-540 & Severence from Consolidation Established by ALAB-540.Admits Issues Not Raised by Any Party & Departs from Lead Case Procedure Previously Adopted.Certificate of Svc Encl 1989-06-29
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 89- Jtt _ aA11 :05 Before the Atomic Safety and Licensine Board E
In the Matter of )
)
PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-277 & 50-278"j (Peach Bottom Atomic Power ) ASLBP No. 88-569-06-OLA Station, Units 2 and 3) )
NOTICE OF WITHDRAWAL AND MOTION TO TERMINATE PROCEEDING For the purpose of terminating this proceeding, petitioner Commonwealth of Pennsylvania
(" Commonwealth")
hereby withdraws its petition to intervene (dated Jan. 22, 1988), withdraws its Supplement to Petition and Statement of Contentions (dated August 24, 1988) (including all the proposed contentions advanced therein), and moves the Atomic Safety and Licensing Board (the " Licensing Board") to enter an Order terminating this proceeding.
In support of this motion, the Commonwealth states as follows:
1.
On December 23, 1987, the Nuclear Regulatory Commission (the "NRC" or the " Commission") published a Notice of Opportunity for Hearing with respect to its 8907200155 890629 i PDR ADOCK 0500gg{7 g o -
gS o
' I-proposed issuance of amendments to licenses held by PECo for operation of the Peach Bottom Atomic Power Station, Unit Nos. 2 and 3 (" Peach Bottom"). Sgg 52 Fed. Reg. 48593 (1987). As requested in'PECo's application for amendment (dated November 19, 1987), the proposed amendments are to modify the Technical Specifications for the facility to reflect a new corporate organizational structure, a revised composition of the Plant Operations Review Committee, and-several administrative changes.
2.-
On January 22, 1988, the Commonwealth peti-tiened for leave to intervene and for a hearing in this proceeding. In response, the Commission referred this matter to the Chairman of the Atomic Safety and Licensing Board for appointment of a Licensing Board to consider if and on wnat issues the Commonwealth would be entitled to a hearing. (Order (dated April 1, 1988), p. 3.)
3.
The Licensing Board activated this proceeding by an order dated April 8, 1988, which required the Common-wealth to file its proposed contentions by April 25, 1988.
- 4. Through a series of consent motions for extension of time, the Commonwealth's deadline for filing' 2
, eg proposed' contentions was extended to August 24, 1988. Seven proposed contentions were filed on that date'.
5.
The deadline for PECo's responses to the Commonwerith's proposed contentions was extended several times (agg, e.a.,
Order (dated February 21, 1989)), and ultimately was stayed. (Eng Memorandum and Order (dated March' 27, 1989.)) At this time, none of the Commonwealth's proposed contentions have been admitted.
- 6. By this filing, the Commonwealth withdraws its Supplement to Petition and Statement of Contentions of the Commonwealth of Pennsylvania (dated August 24, 1988)
(including all the proposed contentions advanced therein),
withdraws its petition to intervene, and requests the termination of.this proceeding.
7.
The Commonwealth takes this action because 1
after discussions between the Commonwealth and PECo which _{
were previously reported to this Licensing Board (Egg, e.a.,
i PEco's Consented-To Motion to Stay Responses (dated March 24, 1986)), the parties have entered into settlement agree-i ments under which PECo is committe<1 to take various actions d regarding Peach Bottom and to allow representatives of the 1 3
l
l Commonwealth access to information regarding operations at Peach Bottom.
8.
The Commonwealth has been authorized to state that neither counsel for the Philadelphia Electric Company nor counsel for the NRC has any objection to the withdrawal of the Commonwealth's petition to intervene and its proposed contentions or to the termination of this proceeding.
Further, after a review process previously reported to the 1 Licensing Board (see, e.c., NRC Staff Status Reports (dated March 31, April 28, and June 1, 1989)), counsel for the NRC has advised that the NRC staff has no objections to the terms of the settlement agreements.
9.
Given these circumstances, NRC precedents dictate that this proceeding should be dismissed. For example, in Pacific Gas and Electric Co. (Humboldt Bay Power Plant, Unit No. 3), LBP-88-4, 27 N.R.C. 236, 238-39 (1988),
a Licensing Board granted a " motion to dismiss contentions and to terminate a proceeding" concerning a licensing amendment, noting that i where . . .
contentions are withdrawn, the matter becomes uncontested since there are no longer any matters which the parties wich to resolve in the proceeding and there is no need for further hearings.
4
7:
p-
)
J l
In the instant proceeding, the stipulation which provides for the withdrawal of all . . .
l contentions, effectively ends (interveners') ,
status as a party, and removes all matters in j l
controversy, in this adjudicatory proceeding. j Consequently, the Board has approved the stipula-tion and herein below enters an order dismissing -l j
the adjudicatory proceeding and authorizing the '
Staff to issue the requested amendment.
Id. (citations omitted).
10.
This same principle has been consistently applied in other cases where parties withdrew their peti-tions to intervene or contentions at the pre-hearing stage.
See, e.c.,
Portland General Elec. Co. (Trojan Nuclear Plant), ALAB-796, 21 N.R.C. 4, 5 (1985) ("[T]he only issues to be decided by a licensing board are those contested by '
the parties. . . .
Once those issues are no longer in dispute, whether before or af ter the :. earing, the proceeding should be dismissed."); Rochester gas and Elec. Corn. (R.E.
Ginna Nuclear Plant, Unit No. 1) , LBP-84-34, 20 N.R.C. 769, 770 (1984) ("The withdrawal of the only intervenor removes both the need and the occasion for evidentiary hearings in this proceeding. There are no longer any matters which the parties wish to resolve in this proceeding and, consequent-ly, there is no issue to be heard by the Board.); Public Serv. Elec. and Gas Co. (Hope Creek Generating Station),
)
LBP-85-6A, 21 N.R.C.
468 (1985); Metropolitan EdiS9H.C2-5
n
- 34 4 yd ,
I J
(Three Mile- Island 11uclear ' Station, Unit i), 13P-95-44, :2 -
II.R.C. 816i 317 (.1985).
For all of the icregoing reasons, the Commonwealth' r
L:
l respectfully recuests that the Board enter an Crder:
\
a.
confirming the, Commonwealth's.-withdrawal of .;
its petition to . intervene' and its proposed contentions: and .
b .-
terminating the proceeding.
Respectfully submitted, f'1
~
m j, f., ' '7fL n .<
RICHARD P. MATHER
'/ ff!'f !'.
Assistant Counsel Room 505 Executive House P. O. Box 2357 Harrisburg, Pennsylvania.17101 (717) 787-7060 Counsel for the Commonwealth of Pennsylvania DATED: June \! , '989 6
}
i mz'_________________._.__________ , _ _ _ _ . . _ _ _ _ _ _ _
p 4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION J Q'-
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
PHILADELPHIA ELECTRIC COMP.ANY )
Docket NosC50--277 OLA
) *80-278 OLA (Peach Bottom Atomic Station )
Units 2 and 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of Notice of Withdrawal and Motion to Terminate Proceeding in the above-captioned proceeding have been served on the following by deposit class, this 29th day of June, 1989: in the United States mail, first Richard F. Cole Atomic Safety and Licensing Board George C. Freeman. Jr., Esq.
U.S. Nuclear Regulatory Commission Donald P. Irwin, Esq.
Washington, D.C. 20555 Fenton & Williams 707 East Main Street e
Docketing and Service Section P.O. Box 1535 Office of the Secretary Richmond, Virginia 23212 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 William T. Coleman, Esq.
John H. Beisner, Esq.
Attomic Safety and Licensing O'Melveny & Myers Board Fanel (1) 555 13th Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20004 Washington, D.C. 20555 Jay Gutierrez, Esq.
degional Counsel Atomic Safety and Licensing USNEC, Region I Appeal Panel (5)
U.S. Nuclear Regulatory Commission 475 Allendale Road Washington, D.C. 20555 King of Prussia, PA 19406 l
E. G. Bauer, Jr., Senior Vice Adjudicatory File President and General Counsel Atomic Safety and Licensing Bos Philadelphia Electric Company U.S. Nuclear Regulatory CommisE 2301 Market Street Washington, D.C. 20555 Philadelphia, Pennsylvania 19101 John H. Frye, III, Chairman Joseph Rutberg Atomic Safety and Licensing Boa Deputy Assistant General Counsel U.S. Nuclear Regulatory Commiss U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i Washington, D.C. 20555
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- 4 Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 N -
\ , ]* . .
Richard P. Mather Assistant Counsel Counsel Pennsylvania for the Commonwealth of-
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