ML19210C331
| ML19210C331 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 10/22/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911140080 | |
| Download: ML19210C331 (4) | |
Text
1 NRC PUBLIC DOCUMENT RG@l f
October 22' UNITED STATES OF AMERICA NUCLEAR KEGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'N.
/
In the Matter of
)
)
i C % INNATI GAS AND ELECTRIC
)
Docket No. 50-358 ='
'I C0fiPANY, et al.
)
)
7.
/
'. ',3 (Wm. H. Zimer Nuclear Power
)
Station, Unit No.1)
)
_. 4/
NRC STAFF RESPONSE TO APPLICANTS' MOTION FOR RECONSIDERATION By a filing dated October 16, 1979, the Applicants requested the Licensing Board to reconsider its rulings regarding Contention 17, fire protection for the cable trays. Reduced to its basics, the Applicants want Contention 17 dismissad for failure to respond to discovery and/or in the alternative, for the Board to issue an order denying cross-examination to Intervenors or requiring Intervenors to provide a detailed outline of their cross-examination in advance of the hearing.
The Staff rests on its previous filings:
the Board should hold a hearing on contention 17 and the Staff is prepared affimatively to support the adequacy of Kaowool as a fire barrier.
It takes this position, mindful of the Administrative Procedure Act and NRC regulations which place the burden of proof on Applicants. The Board has previously stated its concern that the present state of the record does not 1 284 9 29nno080
2-provide an evidentiary bases for acceptability of Kaowool.
Under 10 CFR 2.760a the Board can choose to take evidence on that issue.
In Northern States Power
.C_o (Prairie Island, Units 1 & 2), CLI-75-1, 1 NRC 1 (1975), the Commission emphasized the right of all parties to a proceeding to cross-examine on all issues in which they have an interest. The Staff would expect the Board to limit all direct and cross-examination to that issue.
However, it seems premature to the Staff for the Board at this time to deny cross-examination or to limit it.
If any party, Staff, Aoplicants or Intervenors goes beyond acceptable bounds of cross-examination et the hearing, it would then ar.d there be appropriate to entertain a motion for a proffer or to limit cross-examination.
For these reasons, the Staff now opposes the relief requested by the Applicants.
A spectfully submitted, YkWg Charles A. Barth Counsel for NRC Staff
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i 285 Dated at Bethesda, Maryland, this 22nd day of October,1979.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
[
CINCINNATI GAS AND ELECTRIC Docket No. 50-358 COMPANY, et al.
(Wm. H. Zimer Nuclear Power
)
Station, Unit No.1)
)
CERTIFICATE OF SERVICE I hereby certify that co? es of "NRC STAFF RESPONSE TO APPLICANTS' MOTION FOR i
RECONSIDERATION" in the above-captioned proceeding have been served on the following by depcsit in the United States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Comission internal mail system, this 22nd day of October,1979:
Charles Bechhoefer, Esq., Chairman
- Leah S. Kosik, Esq.
Atomic Safety and Licensing 3454 Cornell Place Board Panel Cincinnati, Ohio 45220 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 W. Peter Heile, Esg.
Assistant City Solicitor Dr. Frank F. Hooper Room 214, City Hall School of Natural Resources Cincinnati, Ohio 45220 University of Michigan Ann Arbor, Michigan 48109 Timothy S. Hogan, Jr., Chairman Board of Comissioners Mr. Glenn 0. Bright
- 50 Markec Street Atomic Safety and Licensing Clennont County Board Panel Batavia, Ohio 45103 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 John D. Woliver, Esq.
Clermont County Comunity Council Troy B. Conner, Esq.
Box 181 Conner, Moore and Corber Batavia, Ohio 45103 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006
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1 286
William J. Moran, Esq.
Atomic Safety and Licensing General Counsel Aopeal Board
- Cincinnati Gas & Electric Company U.C Nuclear Regulatory Comission P.O. Box 960 Wasnington, D. C.
20555 Cincinnati, Ohio 45201 Docketina and Service Section*
Atomic Safety and Licensing Office of the Secretary
. Board Panel
- U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555 David Martin, Esq.
Office of the Attorney General 209 St. Clair Street First Floor Frankfort, Kentucky 40601 kW Charles A. Bartn Counsel for NRC Staff
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l 287
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