ML17340A929
| ML17340A929 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 04/06/1981 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8104080196 | |
| Download: ML17340A929 (10) | |
Text
UflITEO STATES OF Q1ERICA NUCLEAR REGULATORY CO[1~11 SSIOfl BEFORE THE ATOI1IC SAFETY AND LICENSING BOARD 4/
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FLORIDA PO'vlER" AND LIGHT COf'1PANY
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(Turkey Point Nuclear Generating
)
Unit 'Aos.
3 and 4)
Docket Nos.
50-250 50-251 (Proposed Amendments to Facility Operating License to Permit Steam Generator Repair)
NRC STAFF
RESPONSE
TO INTERVENOR HOTION PURSUANT TO RULE 2.749 c
INTRODUCTION On I)arch 27, 1981, the Intervenor filed a motion, pursuant to 10 C.F.R.
$2.749(c),
requesting the Board to either deny the Staff 's tiarch, 23, 1981 motion for summary disposition of contentions 2 and 6 [now 4(A)]
or to continue the time within which he must respond to 2/-
twenty-five days following the completion of his authorized site inspection.
Intervenor claims, without explanation, that the results of this site inspection are relevant to Contentions 2 and 4(A).
The Staff can discern no such relevance.
Accordingly, the Staff opposes the present motion.
If a continuance is, nonetheless, permitted, the Staff believes that it should not exceed ten days beyond completion of the site inspection.
jl Contention 2 asserts, in substance, that occupational exposures cannot be maintained as low as is reasonably achievable during the proposed repairs.
Q2 This contention was renumbered contention 4(A) at the triarch 24, 1981 prehearing conference in this matter.
This contention asserts, in substance, that radioactive releases to unrestricted areas will occur during the onsite,storage of the replaced steam generators, which violate 10 CFR Parts 20 or 50, due to hurricane, corrosion, or leakage.
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DISClJSSION According to 10 C.F.R. 52.749(a),
responses
.to the Staff summary disposition motion are due on April 17, 1981.
By letter to the Board, dated 'iarch 27, 1981, the Applicant has recommended that the Intervenor's authorized site inspection be conducted on April 5 or 12, 1981.
In the present motion, Intervenor requests until twenty-five days thereafter within which to answer the Staff motion.
A prehearing conference scheduled to consider, among other things, any pending summary disposition motions is set for April 27-28, 1981.
Section 2.749(c) of the Commission'.s regulations permits a party opposing summary disposition to obtain a continuance if it can demonstrate by affidavit that it cannot, for reasons
- stated, present by affidavit facts essential to its opposition.
The present motion does not indicate whether the Intervenor intends to oppose the subject motion nor is it accompanied by appropriate affidavit.
Further, the motion does not explain why the Intervenor cannot presently file a substantive response to the Staff motion, what relevant information he expects to obtain as a
result of the site inspection, and what he expects to demonstrate by affidavit in response to the pending summary disposition.
If the Board, nonetheless, deems some form of continuance appropriate, under the circumstances, the Staff believes that it should not be of the duration requested by the Intervenor.
The applicant has recommended that the site inspection be conducted on April 5 or 12.
Given this prospect, the scheduled April 27-28, 1981 prehearing conference, and the advanced stage of this proceeding, in general, the
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Staff believes such continuance should not exceed ten days from completion of the planned site inspection.
CONCLUSION In light of the above, the Staff opposes the present notion for continuance.
Dated at Bethesda, tlaryland this 6th day of April, 1981.
Respectfully submitted, Steven C. Goldberg Counsel for HRC Staff
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of FLORIDA POWER AND LIGHT COMPANY (Turkey Point Nuclear Generating Unit Nos.
3 and 4)
Docket Nos.
50-250 50-251 (Proposed Amendments to Facility Operating Licenses to Permit Steam Generator Repair)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF
RESPONSE
TO INTERVENOR MOTION PURSUANT TO RULE 2.749(c) in the above-captioned proceeding have been, served on the following by deposit in the United States mail, firs0 class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 6th day of April, 1981.
Marshall E. Miller, Esq.,
Chairman Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Eraaeth A. Luebke Atomic'Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Mark P.
Oncavage 12200 S.
W. 110th Avenue Miami, Florida 33176 Harold F. Reis, Esq.
Lowenstein, Neivman, Reis, Axelrad E Toll 1025 Connecticut
- Avenue, N.W.
Washington, D.C.
20036
+Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Norman A. Coll, Esq.
- Steel, Hector 5 Davis Southeast First National Bank Building Miami, Florida 33131 Burt Saunders, Esq.
Assistant Dade County Attorney 1626 Dade County Courthouse Miami, Florida 33130
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Neil Chonin, Esq.
Counsel for Intervenor Suite 1400 Amerifirst Bldg.
One S.E. 3rd Avenue Miami, Florida 33131 Henry H. Harnage, Esq.
Peninsula Federal Bldg., 10th Floor 200 S.E. First Street Miami, Florida 33131 Adele C. Barbagallo Office of the Executive Legal Director U. S. Nuclear Regulatory Commission
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