ML19254E545

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Advises of NRC Intention to File Response to Licensee 790827 Summary Disposition After Issuance of Ser,Per ASLB 790918 Order
ML19254E545
Person / Time
Site: Trojan File:Portland General Electric icon.png
Issue date: 09/21/1979
From: Gray J
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Mccollom K, Mark Miller, Paxton H
Atomic Safety and Licensing Board Panel
References
NUDOCS 7911010453
Download: ML19254E545 (1)


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NRC PUBLIC DMENT ROGM

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'o UNt TED STATES

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...s September 21, 1979 14cshall E. Miller, Esq., Chairman Dr. Kenneth A. McCollom, Dean Atomi: Safety and Licensing Board Division of Engineering U.S. tiuclear Regulatory Commission Architecture & Technologyd

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Washington, DC 20555 Oklahama State University Stillwater, OK 74074 4

yu Dr. Hugh C. Paxton 1229 41st Street

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In the Matter of Portland General Electric Compar.y, et al.

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(Trojan Nuclear Plant)

,j' Docket No. 50-344 (Cer. trol Buildingl

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Gentlemen:

On August 27, 1979, the Licensee in the referenced proceeding filed a motion for summary disposition seeking summary dismissal of a number of contentions which have been admitted in this proceeding.

Pursuant to the Licensing Board's St.pple-ment to Order Establishing Revised Schedule of August 2, 1979, answers to sumary disposition motions filed on August 27 were to be filed within 20 days of service of such motions. Under that scheduling Order, the NRC Staff's response to tre Licensee's motion would have been due for filing today, September 21, 1979.

However, in the Licensing Board's Order of September 18, 1979 w.ith regard tc the Staff's September 6,1979 Motion to Postpone Hearing because of the Staff's inability to issue its Safety. Evaluation Report as scheduled., the Board stated:.

It is quite apparent that until the SER is actually issued by the Staff and served on the parties, there can be no ter-mination of discovery, filing,of prefiled testimony, motions for summary disposition, nor scheduling or commencement of the evidentiary hearing on Phase II. Therefore, all prior Orders relating to schedules or commencement of evidentiary hearing are hereby rescinded.

Accordingly, the Staff's response to the Licensee's motion for summary dispo-sition is to await issuance of the Staff's SER and would be premature at this time..

This is to inform you that the Staff's response to the Licensee's r.otion for summary disposition will be filed promptly after issuance of the Staff's SER and in any event orier to the expiration of the 14-day period following SER issuance within which the State of Oregon and Intervenors are to file their responses.

Sincerely, 1 2 8 1 ospph R. Gray /

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! ounsel for NRC, Staff cc:

Service List 79TTD10

  • 9 7911010 Cn