ML17138B742
| ML17138B742 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 01/15/1981 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-OL, NUDOCS 8101220004 | |
| Download: ML17138B742 (7) | |
Text
RESULATOR+NFORMATION DISTRISUTION SYSTEM (SIDS)
ACCESSION h}BR;8101220004, DOC ~ DATE: 81/01/15 NOTARIZED!
NO FACIL:50"387 Susquehanna Steam Electric Stationi Unit 1r Pennsyl va 50-388 Susquehanna Steam Electric Stationi Unit 2g Pennsylva AUTH'AME AUTHOR AFFILIATION BECHHOEFERiC, Atomic Safety and Licensing Board Panel REC IP ~ NAME REC IP IENT AFFILIATION Office of the Executive Legal Director
SUBJECT:
Memorandum 8 order stating no formal request received to withdraw. Marsh Contention 13 ~ Parties may reply by 810130 to NRC 810109 response to applicants'otion for partial summary disposition of Contention 17,H/Certificate of Svc; DISTRIBUTION CODEt DS02S COPIES RECEIVEDeLTR L ENCL J 'IZEt.
TITLE: Non Antitrust Issuances DOCKET 05000387 o5ooo3ee NOTES:Send I8E 3 copies FSAR L all amends.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman Dr. Oscar H. Paris Glenn 0. Bright ooemaa USMC JAQ gg )g@ y 1f tice of Qe $g~~
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In the Matter of:
PENNSYLVANIA POWER 5 LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE, INC.
Docket Nos.
50-387-OL 50-388-0L (Susquehanna Steam Electric Station, Units 1 and 2)
MEMORANDUM AND ORDER January 15, 1981 ~Q -.
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We have today received a letter from the NRC Staff
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which advises us that Contention 13 was expressly withdrawn by its proponent, Colleen Marsh et al., on July 20, 1979.
The Staff further states that our Order of October 19, 1979 (LBP-79-29, 10 NRC 586) "makers] references to this contention, thus suggesting
- that this contention remains in the proceeding."
The Staff asks us to recognize that Contention 13 has been formally with-drawn.
To begin with, we wish to point out that our Memorandum and Order of October 19, 1979 made no mention of Contention 13 but, rather, was concerned with another contention advanced by Susquehanna Environmental Advocates (SEA).
We assume that the Staff meant to refer to our Memorandum and Order on Discovery Motions (II), LBP-79-31, 10 NRC 597, 605 (October 30, 1979).
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We have, received no formal request or notification concerning the withdrawal of this contention.
A response to an interrogatory is not sufficient. If Ms. Marsh wishes to withdraw Contention 13, she should notify.us directly.
We note that we would be prepared to consider a withdrawal request at the yet-to-be-scheduled prehearing conference required by 10 CFR 5 2.752, if Ms. Marsh wishes to present it at that time.
2.
On January 9, 1981, the NRC Staff submitted a response supporting in part and opposing in part the Applicants'otion for partial summary disposition of Contention 17.
In accordance with 10 CFR 5 2.749(a)
(as amended effective Octobe~ 17, 1980),
any party opposing the Applicants'otion may,file a response to new facts and arguments presented by the Staff (to the extent the Staff supported the motion).
Such responses may be filed no later than January 30, 1981.
IT IS SO ORDERED this 15th day of January,. 1981.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Char les Bechhoefer, Chgirman ADMINISTRATIVEJUDGE
We have received no formal request or notification concerning the withdrawal of this contention.
A response to
.an interrogatory is not sufficient. If Ms. Marsh wishes to withdraw Contention 13, she should notify us directly.
We note that we would be prepared to consider a withdrawal request at the yet-to-be-scheduled prehearing conference required by 10 CFR 5 2.752, if Ms. Marsh wishes to present it at that time.
2.
On January 9, 1981, the NRC Staff submitted a response supporting in par t and opposing in part the Applicants'otion for partial summary disposition of Contention 17.
In accordance with 10 CFR g 2.749(a)
(as amended effective October 17, 1980),
any party opposing the Applicants'otion may file a response to new facts and arguments presented by the Staff (to the extent the Staff supported the motion).
Such responses may be filed no later than January 30, 1981.
IT IS SO ORDERED this 15th day of January, 1981.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
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Char es Bechhoefer, Chairman ADMINISTRATIVE JUDGE
UNITED STAT"-S 0:- A".KRICA NUCLEAR REGULATORY CO."KXSS ION In the Matter of PENNSYLVANIA POWER AND LIGHT COMPANY (Susquehanna Steam Electric Station;,Units 1 and 2)
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Docket No.(s) 50-387 50-388 CERTI. ICATE OP SERVICE 1 hereby certify that;I have this day served the foregoing document(s) upon each person designated on the official service list compiled by the Office. of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CrR Part 2-Rules of Practice, of the Nuclear Regulatory Comission's Rules and Regulations.
Dated at ashington D.C. this day of
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Offic o
e Secretary of the Comm sion
UNITED STATES OF AtERICA NUCLEAR REGULATORY COMMISSION In the Hatter of PENNSYLVANIA POLY AND LIGHT COMPANY, ET AL.
(Susquehanna Steam Electric
- Station, Uni.ts 1 and 2)
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Docket No. (s) 50 387 50"388 SERVICE LIST Charles Bechhoefer,'sq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Judith H. Johnsrud Co. Director, Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Mr. Glenn 0. Bright Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ms. Colleen Marsh 558A
'R.D.
84 Mount Top, Pennsylvania 18707 Hr.
Thomas J.
Hal1igan Correspondent CAND P. 0.
Box 5
- Scranton, Pennsy1vania 1850'ounsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jay E. Silberg, Esq.
Shaw, Pittman, Potts.& Trowbridge 1800
>>MY Street, N.W.
Washington, D.C.
20036 Pennsylvania Power and Light Company ATTN:
Mr. Norman W. Curtis Vice President Engineering and Construction 2 North Ninth Street Allentown, Pennsylvania 18101 Gerald Schultz, Esq.
Susquehanna Environmental Advocates P.O.
Box 1560 Wilkes-Barre, Pennsylvania 18703 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, Pennsylvania 17120 Albert E. Vogel, Jr.,
Esq.
Assistant Attorney General Dept. of Environmental Resources P.O.
Box 2357 Harrisburg, Pennsylvania 17120
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