ML17340B162
| ML17340B162 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 05/07/1981 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-SP, NUDOCS 8105120354 | |
| Download: ML17340B162 (8) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Marshall E. Miller, Chairman Dr.
Emmeth A. Luebke Dr. Oscar H. Paris OOt'.~
USNRt 9
MAY 8198' Office of the Secrete<
1P Oocketfng 4 Service Branch Car Eggy@
gp'l ORIDA POHER AND LIGHT COMPANY
)
)
(Turkey Point Nuclear Generating,
)
Units 3 and 4)
)
)
on March 23, 1981.
That motion sought summary disposition of Contentions 2
and 6 (now 4A) under the provisions of 10 CFR 52.749.
Contention 2 is no longer in issue, as it was dismissed with prejudice without opposition by the Intervenor by our Order entered April 29, 1981.1/
),
Docket Nos.
50-250-SP In the Hatter of 50-251-SP (Proposed Amendments to Facility Operating License to Permit Steam Generator Repairs)
Viay 7, 1981 ORDER (Granting Staff liotion for Summary Disposition Of:
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Contention 4A The Staff filed its "NRC, Staff Second Miotion for Summary Disposition" Contention 6 was renumbered Contention 4A at a prehearing conference held in Homestead, Florida on March 24, 1981 (Tr. 55-6).
Contention 4A reads as follows:
There are likely to occur radioactive releases from one or more stored assemblies to unrestricted areas which violate 10 CFR Part 20 or are not as low as is reasonably achievable within the meaning of 10 CFR Part 50, as a result of:
go>
Memorandum and Order (Granting llotions for Summary. Disposition, Denying 1/
Intervenor's Motion to Continue, and Vacating Final Prehearing Conference),
dated April 29, 1981.
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(a) substantial
'immersion of the steam generators in sea water during a hurricane; (b) movement of steam generators while so immersed; (c) impact of such'oving steam generators upon the walls of the structure in which they are stored or upon another object or objects; (d) corrosion resulting from moisture, sea water, or salt spray; or (e) leakage through the floor beneath the stored steam generators.
The Staff's motion was supported by an answer filed by the Applicant, Florida Power and Light Company, on April 17, 1981, which included additional supporting affidavits.
No answer or other response to the Staff's motion for summary disposition of Contention 4A has been filed by the Intervenor.
As the Staff has pointed out, its motion for summary disposition of Contention 4A was served on Narch 23,
- 1981, and the Intervenor's answer or response was due on April 17, 1981.
The Intervenor received 'one extension 2/
of time within which to respond to the Staff's summary disposition'motion, by our Memorandum and Order entered April 7, 1981.
Under the provisions of that Order, the Intervenor's answer or response was required to be filed within ten (10) days from the completion of his site inspection.
That site inspection was conducted on April 19,
- 1981, and accordingly the Intervenor's answer to motion for summary disposition of Contention 4A was due on April 29, 1981.
Ho answer or other response under 10 CFR 52.749 was filed by the Intervenor.
Any supplement to that "previously-filed answer",
resulting from the shipment of radioactive samples to an independent
-~HRC Staff Response to Intervenor Notion to Continue or Deny Summary Disposi-tion, dated April 21,
- 1981,
- p. 2.
0
'i
laboratory for analysis, would be due 10 days following receipt of the results of such an analysis.
I The Intervenor served several requests for document production on April 14 and 15 upon the Staff and FPL.
A Motion to Continue or Deny Sum-mary Disposition was also filed by the Intervenor on April 15, 1981.
The latter motion was expressly denied by the Board on April 29,
- 1981, and the reasons for such denial are hereby reaffirmed.
The Board has reviewed the Staff's motion for summary disposition of Contention 4A filed pursuant to 10 CFR 52.749, together with the supporting documents and affidavits filed by the Staff and FPL.
There are no genuine issues as to any material facts as to Contention 4A, and the Staff is entitled to summary disposition as a matter of law.
ORDER For all the foregoing reasons and based upon a consideration of the entire record in this matter, it is this 7th day of May, 1981 ORDERED That the Staff's Second Motion for Summary Disposition is granted as to 'Contention 4A, and said contention is hereby dismissed with prejudice.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Marshall E. Miller ADMINISTRATIVE JUDGE Memorandum and Order, dated April 7,
- 1981,
- p. 3.
3/
Memorandum and Order, dated April 29,
- 1981, pp. 2-5.
4/
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Eocu;mmt trol Desk, 016 Phillips Docketing a Service Branch, Office of the Secre~
Rg7JEST FOR DISTRIBUTION S~CE 'IHRO~ ~~i')RZ INFOR~CN DISTRIBUTION SY~r (RIDS)
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The attached doubt, which relates to a spe=ific licensing docket, is the 'DCX~T ASTROL ACTION COPY. It is certified by the 0 ice of the Secretary as the best available copy.
RIDS CODES AND TI~
Desc idion S02 S
DS04 DS05 DS06 DS07 DSOS Add:
Antitrust Issuances Non-Antitrust Issuances Filings, (Not, Originated by NRC)
Antitrust Filings (Originated by Non-Parties)
~Non-Antitrust Filings (Originated by Non-Parties)
ELD Filings (Antitrust)
ELD Fi~~gs (Ncn-Antitrust)
Antitrust Filings (Not O"iginateci by NRC)
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