ML19211A964
| ML19211A964 | |
| Person / Time | |
|---|---|
| Site: | 05000599, 05000600 |
| Issue date: | 12/12/1979 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912210406 | |
| Download: ML19211A964 (4) | |
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UNITED STATES OF AMERICA 12/12/79 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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COMMONWEALTH EDISON COMPANY, et al.
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Docket Nos. S50-599
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S50-600 (Carroll County Site)
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NRC STAFF'S RESPONSE TO CITIZENS AGAINST NUCLEAR POWER, INC., ET AL., " PETITION FOR RECONSIDERATION OF MOTION TO DEFER" EARLY SITE REVIEW On November 23, 1979, Petitioners Citizens Against Nuclear Power, Inc., James Runyon, and Edward Gogol (hereinafter Petitioners) moved for reconsideration of the Licensing Board's denial of their November 7,1979 oral motion to defer further consideration of early site review in the instant case.
The NRC Staff opposes this motion.
The basis for Petitioners' motion is, essentially, that implementation of certain siting decisions which may result from the incident at Three Mile Island, and subsequent investigations resulting therefrom, may have the effect of negating or modifying any licensing board actions relating to the proposed Carroll County site.
Petitioners do not specify the possible lessons to be learned from this incident and subsequent studies, nor the impact upon siting policies,other than a vague reference to siting "in locations remote from concentrations of population."
Initially, NRC Staff would note that evidentiary hearings will not occur within the next year,-1/at which time any future changes in siting policy 1637 205 1/ See Special Prehearing Conference Tr. 81-83, September 19, 1979.
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. may well be in effect.
In the event that particularized issues of siting policy remained undecided at the time evidentiary hearings were to comence, Petitioners would be free to surface their concerns at such time.
- Second, no compelling reason is advanced for ceasing all forward motion on the docketed application, nor is any new or additional information provided by Petitioners which would warrant modification of the Board's ruling in response to their oral motion of November 7,1979.~2/
Finally, NRC Staff submits that the issues presently before the Licensing Board--proper parties to be admitted, litigable contentions--can be resolved at this time. To the extent that new matters arise from the Three Mile Island incident and its aftermath, they could be incorporated into the proceeding at some later date.
Respectfully submitted, 1- =r
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Richard J. G dard Counsel for NRC Staff Dated at Bethesda, Maryland this 12th day of December,1979.
~2/ The Licensing Board has previously dealt with this issue of deferral of the Carroll County early site review presented in greater detail than in Petitioners' instant motion, and similarly refused to grant such deferral or temination of the proceeding.
Special Prehearina Conference Tr. 31-44, September 19, 1979, reaffirmed in Memorandum of Special Prehearing Con-ference and Order, October 10, 1979.
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UtilTED STATES OF A!*. ERICA I;UCLEAR REGULATORY CC'. '.:ISI0il BEFORE THE ATOMIC SAFETY AllD LICEliSIriG BOARD In the Matter of C0Fsi0riWEALTH EDIS0N COMPAfiY, et al.
Docket tios. 550-599 S50-600 (Carroll County Site)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO CITIZENS AGAINST NUCLEAR POWER, INC., ET AL., " PETITION FOR RECONSIDERATION OF MOTION TO DEFER" EARLY SITE REVIEW in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commis-sion's internal mail system, this 12th day of December,1979.
John F. Wolf, Esq., Chairman Mr. John W. Cox, Jr.
3409 Shepherd Street Jo Daviess County Ad Hoc Committee Chevy Chase, Maryland 20015 on Nuclear Energy Information 906 Campbell Street
- Mr. Glenn 0. Bright Galena, Illinois 61036 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. James C. Schwab Washington, D.C.
20555 State Coordinator Iowa Public Interest Research Group, Inc.
Dr. Robert L. Holton 36 Memorial Union, Iowa State University School of Oceanography Ames, Iowa 50010 Oregon State University Corvallis, Oregon 97331 Nancy J. Bennett Assistant Attorney General Philip P. Steptoe, Esq.
Environmental Control Division Isham, Lincoln & Beale 188 West Randolph, Suite 2315 One First National Plaza, 42nd Floor Chicago, Illinois 60601 Chicago, Illinois 60603 Mr. Jim Dubert Thomas J. Miller c/o Iowa Socialist Party Attorney General of Iowa 28014 West Street State Capitol Complex Ames, Iowa 50010 Des Moines, Iowa 50319 Jan L. Kodner, Esq.
230 W. Monroe Suite 2026 Chicago, Illinois 60626 1637 207
- Atomic Safety and Licensing Mr. James L. Runyon Board Panel 1316 - Second Avenue U.S. Nuclear Rcgulatory Commission P. O. Box 307 Washington, D.C.
20555 Rock Island, Illinois 61201
- Atomic Safety and Licensing Mr. Edward Gogel Appeal Board Panel 6105 W. Winthrop U.S. Nuclear Regulatory Commission Chicago, Illinois 60660 Washington, D.C.
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- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 David N. Howarth, Esq.
RFD 2, Box 115 Elizabeth, Illinois 61028 A
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n-31 chard God rd Counsel Staff 16372b8