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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20011E4861990-02-0707 February 1990 Comment on Proposed Rule 10CFR71 Re Compatibility of Pu Air Transport Regulations W/Iaea Stds.Supports EEI-UWASTE/NUMARC Comments to Be Provided to NRC by 900209 ML20248D2831989-09-28028 September 1989 Notice of Appearance.* Advises That Author Will Enter Appearance in Proceeding on Behalf of Nrc.W/Certificate of Svc ML20247Q2661989-09-26026 September 1989 Establishment of Aslb.* Board Will Comprise of Mb Margulies, Chairman & Oh Paris & Fj Shon,Members.W/Certificate of Svc. Served on 890926 B13367, Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements1989-09-20020 September 1989 Comment on Proposed Rules 10CFR30,40,50,60,70,72 & 150 Re Preserving Free Flow of Info to Commission.Nrc Made Wise Choice to Not Impose Any Obligation on Private Parties to Include Affirmative Statement in Employment Agreements ML20248C8751989-09-13013 September 1989 Response to Order Modifying Licenses & Order to Show Cause Why Licenses Should Not Be Revoked.* Requests Hearing on Issues,Including Funds for Equipment.Supporting Info Encl ML20246C7141989-08-18018 August 1989 Order to Show Cause Why CPs CPEP-1 & CPEP-2 Should Not Be Revoked & Requiring Licensee to Notify Commission at Least 30 Days Before Taking Possession of Any Classified Equipment ML20245G0721989-08-0303 August 1989 Comment on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. Recommends That NRC Recommendation on Trust Agreement Wording Be Deleted or NRC Should Grandfather Existing Trusts Such as for Plants ML20248B6201989-08-0202 August 1989 Comments on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. NRC Should Permit Use of Potential Tax Refund as Source of Decommissioning Funds ELV-00674, Comment Opposing Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. 10CFR72.6(c) Should Be Revised to Provide for Storage W/O ISFSI Requirement1989-07-0707 July 1989 Comment Opposing Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. 10CFR72.6(c) Should Be Revised to Provide for Storage W/O ISFSI Requirement ML20246K4801989-07-0505 July 1989 Comment Opposing Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ELV-00679, Comment on Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Agrees W/Numarc Comments Provided to NRC on 8906261989-07-0505 July 1989 Comment on Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Agrees W/Numarc Comments Provided to NRC on 890626 ML20246D8811989-06-30030 June 1989 Comment Supporting Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components ML20245D2481989-06-16016 June 1989 Comment on Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites. NRC Must Consider Provision in Rule to Permit Indiscriminate Storage of Spent Fuel at Reactors ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20245J0191989-04-14014 April 1989 Comment Re Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20244B3241989-04-10010 April 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20247A2971989-04-0404 April 1989 Comment Supporting Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246M2771989-03-20020 March 1989 Decision.* Affirms Board Decision LBP-89-05 Granting CP & OL to Licensee.Certificate of Svc Encl.Served on 890321 ML20246N9471989-03-0808 March 1989 Comment on Proposed Rev 3 to Reg Guide 1.9 Re Selection Design,Qualification,Testing & Reliability of Diesel Generator Units Used as Onsite Electric Power Sys at Nuclear Power Plants B13113, Comment on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units.... Util Recommends Rule Be Revised to Incorporate Addl Flexibility in Considering Age of Diesel1989-03-0808 March 1989 Comment on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units.... Util Recommends Rule Be Revised to Incorporate Addl Flexibility in Considering Age of Diesel ML20236B4641989-03-0808 March 1989 Comments on Proposed Rev 3 to Reg Guide 1.9, Selection, Design,Qualification,Testing & Reliability of Diesel Generator Units Used as Onsite Electric Power Sys at Nuclear Power Plants. Reg Guide Does Not Provide Flexibility JPN-89-008, Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants1989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants B13136, Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants.Proposed Rule on Maint Will Not Improve Maint in Plants Nor Improve Safety or Reliability of Plants.Proposed Rule Much Too Vague1989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Effectiveness of Maint Programs for Nuclear Power Plants.Proposed Rule on Maint Will Not Improve Maint in Plants Nor Improve Safety or Reliability of Plants.Proposed Rule Much Too Vague ML20235V8541989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants. Util Committed to Goal of Achieving Improved Reliability & Safety Through Better Maint ML20235T3581989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Maint Programs for Nuclear Power Plants.Util Endorses Comments Filed by NUMARC & Nuclear Util Backfitting & Reform Group.Rule Fails to Provide Basis for Determining Effective Maint Program ML20235T1861989-02-24024 February 1989 Comment Supporting Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants, Extension of NRC Authority to BOP Portion of Plant & Misapplication of Adequate Protection Std of Backfit Rule ML20235T7391989-02-23023 February 1989 Comment Opposing Proposed Rules 10CFR50 & 55 Re Educ & Experience Requirements for Senior Reactor Operators & Supervisors at Nuclear Power Plants ML20235N8531989-02-14014 February 1989 Comment Supporting Chapter 1 Re Policy Statement on Exemptions Below Regulatory Concern.Policy Development for Criteria for Release of Radioactive Matl Needed for Development of Consistent Waste Mgt Practices ML20235L5921989-02-0606 February 1989 Comment Supporting Proposed Rule on Chapter 1 Re Proposed Policy Statement Exemptions from Regulatory Control.Extreme Care Will Be Needed in Establishing State Role Both in Developing Rule & in Subsequent Implementation ML20247R4091988-12-31031 December 1988 Transcript of Commission 881221 Press Conference in Rockville,Md.Pp 1-31 ML20196A5991988-12-0101 December 1988 Transcript of 881201 Hearing in Bethesda,Md.Pp 143-152 ML20196F5831988-12-0101 December 1988 Memorandum Memoralizing 881129 Telcon.* Applicant & NRC Agreed to Submit Joint Proposed Findings of Fact & Conclusions of Law.Served on 881202 ML20196F5981988-12-0101 December 1988 Notice of Hearing.* Notifies That Hearing to Be Held in CP Application Proceedings on 881221 Cancelled & Rescheduled to Commence on 890104.Served on 881202 ML20206M9181988-11-22022 November 1988 Memorandum Memorializing Telcon of 881121.* Discusses Board 881121 Telcon W/Counsel for Parties Re Prehearing & Scheduling Matters.Served on 881123 ML20206J3701988-11-21021 November 1988 Transcript of 881121 Telcon in Bethesda,Md Re Alchemie. Pp 70-100 ML20206M5321988-11-21021 November 1988 Comment Supporting Proposed Rule 10CFR26 Re fitness-for-duty Program ML20195H0331988-11-21021 November 1988 Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program Which Includes Random Drug Testing.Util Strongly Favors 180- Day Period for Implementation of Rule & 360-day Implementation Period for Random Drug Testing JPN-88-063, Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program.Util Has Constitutional Concerns Re Proposed Random Testing Which Should Be Fully Addressed Prior to Rule Being Promulgated.Endorses NUMARC & EEI Comments1988-11-18018 November 1988 Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program.Util Has Constitutional Concerns Re Proposed Random Testing Which Should Be Fully Addressed Prior to Rule Being Promulgated.Endorses NUMARC & EEI Comments ML20195H0111988-11-18018 November 1988 Comment Supporting NUMARC Comments on Proposed Rule 10CFR26 Re NRC Fitness for Duty Program Which Includes Random Drug Testing ML20206C6131988-11-14014 November 1988 Withdrawal of Request of State of Tn to Participate as Interested State,Per 10CFR2.715(c).* Certificate of Svc Encl ML20206C6321988-11-14014 November 1988 Withdrawal of Request of State of Tn to Participate as Interested State,Per 10CFR2.715(c).* Certificate of Svc Encl ML20206C3271988-11-10010 November 1988 Memorandum Memorializing Telcon of 881109.* Licensee Request to DOE to Extend Deadline for Receipt of CPs Until 890131 Not Officially Passed Upon.Further Prehearing Telcon Scheduled for 881121.Served on 881114 ML20206C0851988-11-0909 November 1988 Transcript of ASLB 881109 Telcon in Bethesda,Md.Pp 44-69 ML20205R7111988-11-0404 November 1988 NRC Staff Testimony of Jj Swift Addressing ASLB Inquiries Dtd 881018.* Supporting Info Encl.Related Correspondence ML20206C1081988-11-0404 November 1988 Requests for Renewal or Extension of Exemption from 10CFR50.54(w)(i) Re Property Insurance Regulations ML20205N2711988-11-0101 November 1988 Memorandum Memorializing Telcon of 881031.* Board Approved Prehearing Telcon on 881109 to Discuss Future Scheduling & Agreed to Start Hearing Prior to 881120 to Accomodate Alchemie.Served on 881102 ML20205Q1501988-10-28028 October 1988 Comment on Proposed Rule 10CFR50 Re NUREG-1317, Regulatory Options for Nuclear Plant License Renewal. Safety Sys Functional Insps & Configuration Mgt Programs Support Renewal Basis as Opposed to Relicensing Process 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 ML20205Q6661988-10-27027 October 1988 Comment on Proposed Rule 10CFR50 Re NUREG-1317, Regulatory Options for Nuclear Plant License Renewal. Endorses NUMARC Nuplex Working Group Comments,Including Use of Licensing Basis at Facility When Renewal Application Submitted ML20205P9691988-10-26026 October 1988 Comment Supporting Proposed Rule 10CFR50 Re NUREG-1317, Regulatory Options for Nuclear License Renewal. Supports Contents of NUREG-1317 & Endorses NUMARC Comments on Rulemaking & Position Paper by NUMARC Nuplex Working Group 1990-02-07
[Table view] Category:PLEADINGS
MONTHYEARML20248C8751989-09-13013 September 1989 Response to Order Modifying Licenses & Order to Show Cause Why Licenses Should Not Be Revoked.* Requests Hearing on Issues,Including Funds for Equipment.Supporting Info Encl ML20151E2551988-07-15015 July 1988 Opposition of City of Clyde,Oh to Application to Amend Plants OLs to Suspend Antitrust Conditions ML20236B8541987-07-21021 July 1987 Motion on Notification of Meetings,Establishment of Seismic Review Committee & Govt Exam of Design Calculations.* Motion Undated ML20215D6741987-06-12012 June 1987 Suppl 4 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.Ucs Reply to Responses from NRC & B&W Owners Group.* Certificate of Svc Encl ML20210C4191987-04-0606 April 1987 Principal Response of B&W Owners Group to Petition Filed Under 10CFR2.206 by Ucs.* Petition Should Be Denied ML20205F2911987-03-23023 March 1987 Suppl 3 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.* Requests That Listed Names Be Added to List in Paragraph 1 of 870210 Petition ML20210C2691987-03-0606 March 1987 Initial Response of B&W Owners Group to Petition Filed Under 10CFR2.206 by Ucs.* Request for Immediate Suspension Should Be Summarily Denied.W/Certificate of Svc ML20211F5091987-02-20020 February 1987 Suppl 2 to Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W.* Lists Names to Be Added to 870210 Petition & Corrects Address for Save Our State from Radwaste ML20210N4861987-02-10010 February 1987 Petition for Immediate Action to Relieve Undue Risk Posed by Nuclear Power Plants Designed by B&W Co.* OLs & CPs for Facilities Should Be Suspended Until Listed NRC Actions Taken ML20199G7671986-06-11011 June 1986 Request for Admission That Technical Review Team Found Lack of Awareness on Part of QC Electrical Inspectors to Document in Insp Repts Witnessing of Installation of Nuclear heat-shrinkable Cable Insulation Sleeves ML20137L5911985-09-10010 September 1985 Response Opposing Jf Doherty 850611 Petition for Show Cause Order Requesting NRC to Institute Consolidated Proceeding Per 10CFR2.202.Certificate of Svc Encl ML20126A3531985-06-11011 June 1985 Petition/Request for Order to Show Cause Why Plants Should Not Be Shut Down Until CRD Mechanisms Inspected ML20205Q7741984-09-19019 September 1984 Reply to Case Answer to Applicant 840806 Motion for Summary Disposition Re Consideration of Friction Forces in Design of Pipe Supports.Affidavit of Jc Finneran & Certificate of Svc Encl.Related Info Encl ML20205Q7791984-05-0101 May 1984 Response to Applicant 840411 Motion for Authorization to Issue License to Load Fuel & Conduct Certain Precritical Testing.Affidavit of Gn Lauber & Certificate of Svc Encl ML20083G0531984-01-0606 January 1984 Addendum to Petition for Emergency Relief Per 10CFR2.206 Re Integrated Leak Rate Testing.All Documentation Re Integrated Leak Rate Tests Must Be Made Public ML20079H6901983-12-14014 December 1983 Petition Per 10CFR2.206 to Defer Judgment or Decision on Proposed Course of Action for Completion of Facility Until Suppl Created for Record of J Keppler 831215 Briefing.W/O Encls ML20082M6711983-11-29029 November 1983 Petition for Emergency Relief Concerning Unsafe Conditions Re Integrated Leak Rate Testing of Us Nuclear Power Reactor Containments.Severe Errors,Defects & Loopholes Exist in Current Methodology ML20083C2741983-11-29029 November 1983 Petition for Emergency Relief Concerning Unsafe Conditions Re Integrated Leak Rate Testing for Us Nuclear Power Reactor Containments.Severe Errors,Defects & Loopholes Exist in Current Methodology ML20083C2771983-11-29029 November 1983 Petition for Emergency Relief Re Primary Containment Leak Rate at Facilities.Unsafe Condition Exists Re Ability of Primary Containment to Fulfill Design Function ML20063A2551982-08-18018 August 1982 Response to ASLB 820728 Order.Requests Leave to Withdraw Application W/O Prejudice.Need for Transshipment in near- Term Reduced Due to Approval of Installation of High Density Spent Fuel Racks.Certificate of Svc Encl ML20052D1081982-05-0404 May 1982 Response to City of Brownsville,Tx Filing Per Administrative Law Judge 820415 Order.Settlement License Conditions Should Be Approved & Made Effective Immediately.Certificate of Svc Encl ML20050E2831982-04-0909 April 1982 Motion for Extension of Time to File Statement of Position & for Prehearing Conference Date.Certificate of Svc Encl ML20041F6671982-03-10010 March 1982 Withdrawal of 780828 Request That Commission Institute Section 105a Proceeding Against Util.Fl Cities Has Settled All Differences W/Util.Certificate of Svc Encl ML20071H9771982-02-0808 February 1982 Petition for Review of Director'S Decision 81-21 Denying 10CFR2.206 Petition to Shut Down Reactors for Steam Generator Insp.Certificate of Svc Encl ML20041F8751981-12-0303 December 1981 Motion for Independent Audit of Plant Const ML19289C9321979-01-12012 January 1979 Applicant'S Answer & Motion to Strike Re Contentions Filed by Petitioners to Intervene Nrdc,Citizens for a Better Environ & State of Il.Contentions Fail to State Claim for Which Relief May Be Granted.W/Certificate of Svc ML19263B5221979-01-0202 January 1979 State of Il Contentions Re Amends to Operating License for Transport of Spent Fuel Between Units.Contentions Assert Applicant'S Submittals Are Insufficient.W/Affidavit & Certificate of Svc ML19263B5291978-12-0606 December 1978 NRDC & Citizens for a Better Environ Contentions Re Util'S License Amend Re Transport of Spent Fuel Between Units. Asserts Proposed Action Violates NEPA ML20244B4561977-08-25025 August 1977 Memorandum in Support of Motion for Interim Ol.Util Submits That Ample Authority Exists for NRC to Issue Requested License.Certificate of Svc Encl ML20244B4511977-08-25025 August 1977 Motion Requesting Authorization for Interim OL ML20236B4031976-09-20020 September 1976 NRC Staff Reply to Intervenors Motion to Add New Contentions.* Asks That Proposed Addl Contention 1 Be Denied,Addl Contention 2 Be Admitted as Contention in Safety Hearing & Addl Contention 3 Be Denied in Entirety ML20096H6961976-08-16016 August 1976 Consented Motion for Receipt Into Evidence of Documentary Matl.Certificate of Svc Encl ML20098C7711976-08-0505 August 1976 Motion for ASLB to Receive Into Evidence,As Applicant Exhibit 42,affidavit of Jt Bobo Re Applicant Financial Qualfications.Proposed Findings of Fact & Conclusions of Law & Certificate of Svc Encl ML20236B5061976-08-0404 August 1976 Motion & Supporting Memorandum of Points & Authorities. Motion.* Motion for Board to Postpone Environ Hearings Until Seismic Risks Relevant to Environ Impacts Fully Explored & Developed.Certificate of Svc Encl ML20236B7551976-04-12012 April 1976 NRC Staff Reply to Scenic Shoreline Motion on Notification of Meetings,Seismic Review Committee & Exam of Design Calculations.* Motion Should Be Denied in Entirety. Certificate of Svc Encl ML20236B7931976-04-0909 April 1976 Reply of PG&E to Scenic Shoreline Preservation Conference, Inc Motion.* Util Believes That NRC Responsible to Determine Extent That Check of Util Design Necessary.Certificate of Svc Encl ML20236C9811975-03-0707 March 1975 Staff Response to Motion of San Luis Obispo Mothers for Peace Relative to Pge&E/Nrc Seismicity Meeting of 750207.* Board Regulation of Conduct of NRC Independent Review Process Inappropriate.W/Certificate of Svc ML20236D0611975-02-0303 February 1975 Motion of San Luis Obispo Mothers for Peace Relative to Forthcoming Pg&E/Nrc Seismicity Meeting of 750207.* Postponement Until Meeting Can Be Held in San Luis Obispo Requested ML20236D3871974-11-20020 November 1974 AEC Reguglatory Staff Response to Suppl to Motion of San Luis Obispo Mothers for Peace for Imposition of Stop Work Order.* Urges Board to Dismiss Supplemental Motion. Certificate of Svc Encl ML20236D4471974-10-29029 October 1974 Reply of AEC Regulatory Staff to Motion of San Luis Obispo Mothers for Peace for Imposition of Stop Work Order.* AEC Urges Board to Deny Stay of Const.Certificate of Svc Encl ML20236B4761974-10-14014 October 1974 Motion of San Luis Obisbo Mothers for Peace for Imposition of Stop Work Order.* Motion for Imposition of Stop Work Order on Util & Contractors,Applying to Plant as Well as Transmission Lines Extending from Plants ML20246D8311974-06-0303 June 1974 Motion to Withdraw Intervention & Joint Motion to Dismiss & Terminate Proceeding Re CP Application Filed by Georgia Power Co for Ei Hatch Nuclear Plant Unit 2 ML20236C1701972-05-15015 May 1972 Response of PG&E to Motion & Request of Scenic Shoreline Preservation Conference,Inc .* Response Opposing Scenic Shoreline Preservation Conference,Inc 720510 Motion to Rescind Const Permits.Certificate of Svc Encl ML20236C2091972-05-10010 May 1972 Motion to AEC & ASLB to Rescind Diablo Nuclear CPs for Units 1 & 2.* Reopening of Hearings & Record Also Requested ML20236C2381972-05-0909 May 1972 Request for Inclusion of Seismic Matters at Hearing on Suspension of Const.* Info Re Whether Util Instituted or Contemplates Any Design Mods of Plant to Compensate for Earthquake Risks Also Requested 1989-09-13
[Table view] |
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UNITED STATES OF AMERICA %
NUCLEAR REGULATORY COMMISSION p ogr;p 5~
AUG 61976 > 'f In the Matter of ) eg;.01 Yll,7 N
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WASHINGTON PUBLIC POWER ) fu #
SUPPLY sverM ) Docket No. 50-513 m
)
(Nuclear Project No. 4) )
= )
)
APPLICANT'S MOTION FOR RECEIPT INTO EVIDENCE OF AFFIDAVITS AND DOCUMENTARY MATERIAL I. Background ,
In its Memorandum and Order dated July 29, 1976, the Atomic Safety and Licensing Board (" Board") suggested that the Washington Public Power Supply System ("WPPSS" or " Applicant" and NRC Regulatory Staff both submit pertinent evidence in the form of affidavits on the issue of the Applicant's financial qualifications to construct WPPSS Nuclear Project No. 4 ("WNP-4").
Such affidavits are to be filed by August 6, 1976. ,The Board noted that it will thercafter determine whether a hearing will be necessary or whether any Board questions can be handled by Board interrogatories and responses thereto by affidavit.
1/ By letter to the Board dated July 9, 1976, the Applicant pro-posed that the Board roccive pertinent evidence in the form of affidavits to supplement the record without hearing. By letter dated July 27, 1976, the Staff agreed to this proposal, and set forth a stipulated suggested schedule for the submission of affidavits (August 6) and for responses to Board interrogatories (if any) and the filing of proposed findings of fact (August 20).
l$9fg94040824 COHEN 84-603 PDR
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- II . Applicant's Evidence A. Financial'Oualifications ,
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~T he Applicant hereby moves that.the Board receive into evidence as Applicant's Exhibit 42'the " Affidavit of James T.
b Bobo Regarding Applicant's Financial Qualifications". The Bobo-affidavit discusses the Applicant's sources of construction funds.for WNP-4. As an interim measure to cover initial expendi-tures, advances or guarantees from purchasers or prospective pur-chasers of the output of WNP-4 (and WPPSS Nuclear Project No. 5
("WNP-5")) provide sources of construction funds. For per- g manent: financing, debt securities in the form of revenue bonds and notes are issued.
The first level of security for repayment of debt securi-ties is the revenues from operation of WNP-4 '(and WNP-5) . The second level of security is the existing contractual commitments between WPPSS and 88 public and cooperative utilities to purchase the electrical capability of WNP-4 and the WPPSS chare (90%) of WNP-5. The aggregate of the 88 participants' obligations equals 4 the total costs of acquiring, constructing and operating the facilities, including the amount required annually to pay the 2/. WNP-4 and the WPPSS share (90%) of WNP-5 will be financed as one system utilizing the project financing approach. Under this approach, the Applicant's Board of Directors adopts note and bond resolutions which serve as the indentures to the buyers of the securities.
s ,
s interest and a portion of the principal on outstanding bonds.
Each of the 88 participants promises to pay a specified portion of these total costs. The participants are obligated to make payments whether or not the facilities are completed, operable or operating, and notwithstanding interruption or curtailment of output.
Prior to execution of the contractual commitments between WPPSS and the 88 participants, short-term revenue notes and bonds in the amounts of $17.5 million and $100 million, respec-
. tively, were issued for WNP-4 (and WNP-5) . The short-term revenue notes in the amount of $17.5 million have been retired. Since contractual commitments have been executed, financing of the facilities will be continued by the issuance of long' term revenue bonds in series from time to time during construction.
Upon receipt into evidence of the Bobo affidavit, and in view of the examination by the Board of the Applicant's witnesses at the evidentiary hearings held in November, 1975 (Tr. 796-800, 841744, 849), we submit that the record contains substantial evidence to support favorable findings of fact and conclusions of law on the financial qualifications issue.
B. Need For Power In its Partial Initial Decision on environmental and site suit-3/
ability issues which was issued on July 30, 1976,- the Board made 3/ LBP-75-41, NRCI-75/7 131 (July 30,1975) .
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1
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certain finding! relating to the need for power issue. In con-clusion the Board found that'"there.will be a need for the base-load energy which can be provided from WNP-1 and WNP-4 in the e
time frame in which those plants are anticipated to operate."
NRCI-75/7 at p. 142. Nevertheless, in view of the delays en-countered in the issuance of the construction permit for WNP-4,~4/
it appears appropriate out of an abundance of caution to update the record on the need for power issue. E.g., Matter of Potomac Electric Power Company (Douglas Point Nuc. lear Generating Station, Units 1 and 2) ALAB-277, NRCI-75/6 539 (June 18, 1975); Matter of Duke Power Company (William B. McGuire Nuclear Station, Units a 1 and 2) ALAB-143, RAI-73-9 623 (September 6, 1973).
Accordingly, the Applicant hereby moves that the Board re-ceive into evidence as Applicant's Exhibit 43 the " Affidavit of Robert B. Gallup Regarding Need For Power Update,"-5/ and as 1
Applicant's Exhibit 44 the 1976 West Group Forecast ("1976 Fore-cast"), which was issued subsequent to the evidentiary hearing on
- environmental and site suitability issues (May 13-15, 1975).-6/
i f
4/ The delays encountered were unrelated to the need for power Rather, the Applicant requested that the Board defer issue.
consideration of the Applicant's financial qualifications to construct WNP-4 pending completion of secondary environmentr.1 impact statements pursuant to Washington State law. See NRCI-75/12 922, 927-28 (December 22, 1976).
- 5/ Mr. Gallup testified on the need for power issue at the evidentiary hearings held on May 13-15, 1975 (Tr. following
- p. 164; Tr. 155-58, 160-64, 174-76, 247-48, 263-344, 346-76).
6/ The 1976 Forecast was issued on March 1, 1976. The 1975 West Group Forecast ("1975 Forecast") was roccived into evidence as Applicant's Exhibit 4. Soo NRCI-75/7 at p. 141.
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The Gallup affidavit summarizes the forecasts of loads and resources for the Pacific Northwest region contained in the 1976 Forecast. The 1976 Forecast indicates that there has been a decrease in energy loads forecasted for the period 1976-1987 which has been more than offset by a decrease in energy resources estimated to be available in that same period. The decrease in estimated resources is due to slips in schedule of certain nuclear and coal-fired facilities which were credited as resources for a given year in the t
1975 Forecast. The slips in schedule were due to several factors, including regulatory delays, financing difficulties, load reductions and construction delays. The changes in energy lead estimates and resource schedules have resulted in a shift from surpluses to deficits for each year during 1983-1986, the period during which the 1976 Forecast takes initial credit for energy from WNP-4.
Thus, the 1976 Forecast more than confirms the Board's finding as to the need for WNP-4 in the time frame projected.
Relative to the forecasts contained in the 1975 Forecast and to the other evidence of record when the Board rendered its findings on the need for power issue, the need for WNP-4 is even more urgent.
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- s III. Proposed-Findings of Fact and Conclusions of Law Based upon the~ stipulated suggested schedule set f' orth in the Staff's letter to the Board dated July 27, 1976 (supra, n.1), responses to Board questions (if any) and proposed. findings of fact and conclusions of law must be filed by August'20, 1976. The Applicant and the Staff both believe it appropriate that this matter be considered 7/
~
9 on affidavits without hearing. In tlye event that the Board agrees with this approach, we request that the Board so inform the parties and transmit Board questions (if any) by August 12, 1976 to facilitate the filing of responses to any Board questions and proposed findings of fact'and con-clusions of law by both parties by August 20, 1976.
Respectfully submitted, CONNER & KN TS
, Nicholah 3. eynolds Counsel for he Applicant Dated: August 5, 1976 i
I 7/ Sco Applicant's and Staff's letters to the Board dated July 9, 1976, and July 27,'197G, respectively.
4.
UNITED STATES OF. AMERICA s- NUCLEAR. REGULATORY COMMISSION In the Matter of ,
)
.)
WASHINGTON PUBLIC. POWER .
) Docket No. 50-513
. SUPPLY SYSTEM )
')
(Nuclear Project -No. 4) )
i CERTIFICATE OF SERVICE e
I hereby certify that copies of " Applicant's Motion For 4
Receipt Into Evidence Of Affidavits And Documentary
- Material", dated August 5, 1976, in the captioned matter, have been served upon the following by deposit in the United States mail this 5th day of August, 1976:
1 i Richard S.'Salzman,'Esq. Dr. Marvin M. Mann #
= Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Board Panel
, U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 1
Dr. Lawrence R. Quarles Dr. Donald P. deSylva l Atomic Safety and Licensing Associate Professor of Appeal Board Marine Science
! U.S. Nuclear Regulatory Rosenstiel School of Marine i Commission and Atmospheric Science i Washington,~D.C. 20555 University of Miami
- < Miami, Florida 33149 l John B. Farmakides, Esq.
I Atomic Safety and Licensing Chairman, Atomic Safety j' Appeal Board and Licensing Board Panel
- U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission
, Washington, D.C. 20555 Washington, D.C. 20555
' Robert M. Lazo, Esq., Chairman Edward G. Ketchen, Esq.
Atomic Safety and Licensing Counsel for NRC Regulatory
' Board Staff U.S. Nuclear Regulatory Office of the Executive !
Commission Legal Director l I
, Washington, D.C. 20555 U.S. Nuclear Regulatory Commission '
i Washington, D.C. 20555 l l
1 ll
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r Mr. Chase R. Stephens pocketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard O. Quigley, Esq. ,
Washington Public Power Supply System P. O. Box 968 Richland, Washington 99352 fg Nicho ti S{0TTSjReynolds CONNER Kh Counsel for the Applicant k
k s
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9
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