[Federal Register Volume 65, Number 66 (Wednesday, April 5, 2000)]
[Notices]
[Pages 17906-17907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8338]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-460-OL; ASLBP No. 82-479-06-OL]


Atomic Safety and Licensing Board; Washington Public Power Supply 
System (Nuclear Project No. 1), Memorandum and Order; (Order to Show 
Cause)

March 30, 2000. Before Administrative Judges: G. Paul Bollwerk, III, 
Chairman, Dr. David R. Schink.
    The Atomic Safety and Licensing Board hereby directs the parties to 
this proceeding to show cause as to why this litigation should not be 
dismissed for want of prosecution.
    The locus of this case is a challenge by intervenor Coalition for 
Safe Power (CSP) to the operating license application of Washington 
Public Power Supply System (WPPSS) (now doing business as Energy 
Northwest) for its Nuclear Project No. 1. CSP, along with the State of 
Washington (State) as a 10 C.F.R. Sec. 2.715(c) interested governmental 
entity, were admitted as parties to this proceeding in 1983. See 
Washington Public Power Supply System (WPPSS Nuclear Project No. 1), 
LBP-83-66, 18 NRC 780, 780-81 (1983). Since then, however, this 
proceeding has been in hiatus as a result of WPPSS declarations that it 
first wished to suspend facility construction and consideration of its 
operating license request and, thereafter, that it was canceling the 
project, albeit without withdrawing its operating license application.
    After a number of years of filing quarterly reports indicating 
there had been no change in the status of its application, on January 
4, 2000, WPPSS submitted a request to withdraw its operating license 
application and terminate this adjudicatory proceeding. The Board twice 
sought, and did not receive, CSP and State comments on the WPPSS 
withdrawal motion. Before the Board could act on the WPPSS request, 
however, the applicant filed a February 29, 2000 pleading asking that 
the Board defer action on its application withdrawal motion. In a March 
7, 2000 order providing a schedule for party comments on this WPPSS 
deferral request, noting the lack of CSP and State

[[Page 17907]]

responses to its other issuances, the Board asked that on or before 
March 22, 2000, those participants each provide the Board with some 
indication it wished to continue to participate in this operating 
license adjudication.
    The allotted time having passed without a response from CSP or the 
State, it appears to the Board that neither has an interest in further 
pursuing this litigation. As a consequence, the Board hereby gives 
notice that, absent some response from these parties within thirty days 
of the date of publication of this issuance in the Federal Register 
that demonstrates a continued interest in this cause, the Board will 
terminate the proceeding. \1\ Applicant WPPSS and the NRC staff 
likewise are permitted to file a response to this issuance within that 
time frame if either wishes to do so.
---------------------------------------------------------------------------

    \1\ As it has done in its January 11, February 16, and March 7, 
2000 issuances, the Board requests that each participant who has the 
capability to do so send a copy of its response by facsimile 
transmission or internet e-mail to the two Board members, the Office 
of the Secretary, counsel for WPPSS, and counsel for the any other 
party who has provided a facsimile number and/or e-mail address.
---------------------------------------------------------------------------

    It is so Ordered.

    For the Atomic Safety and Licensing Board \2\
---------------------------------------------------------------------------

    \2\ In addition to service by regular mail to all parties on the 
service list, copies of this memorandum and order were sent this 
date by Internet e-mail transmission to counsel for applicant WPPSS, 
a State representative previously identified by WPPSS, and the 
staff.
---------------------------------------------------------------------------

    This memorandum and order is issued pursuant to the authority of 
the Chairman of the Atomic Safety and Licensing Board designated for 
this proceeding.
    Rockville, Maryland.
    Dated: March 30, 2000.
G. Paul Bollwerk, III,
Administrative Judge.
[FR Doc. 00-8338 Filed 4-4-00; 8:45 am]
BILLING CODE 7590-01-P