ML19256E177
| ML19256E177 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 09/27/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7910290466 | |
| Download: ML19256E177 (5) | |
Text
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g 9/27/79
'D UNITED STATES OF RC Rogg NbCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD S
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In the Matter of
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CINCINNATI GAS AND ELECTRIC
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Docket No. 50-358 3 g Og 5
COMPANY, et a'.
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g (Wm. H. Zimmer N clear Power
)
( / ce Station, Unit G.1)
)
NRC STAFF FESPONSE TO APPLICANTS' MOTIONS FOR
SUMMARY
DISPOSITION OF CONTENTION 17 AND TO VACATE THE ORDER SCHEDULING RESUMPTION OF THE EVIDENTIARY HEARINGS The Licensing Board admitted on August 7,1979 contention number 17 of Miami Valley Power Project (MVPP) which alleged, in sumary, that the fire insulation material for cable trays was inadequate. MVPP stated it would produce Rcbert Hofstadter to testify in support of the contention. The NRC Staff an'd Applicant both served interrogatories upon MVPP and noticed i
Mr. Hofstadter for deposition. The Staff also served interrogatories upon Mr. Hofstadter. The MVPP informed the Staff and parties that Mr. Hofstadter would not appear as their witnesses on contention 17, would not appear for deposition, and would not answer interrogatories.
In addition MVPP has not responded to the interrogatories of the NRC Staff or Applicants, although both the Staff and Applicants have responded to interrogatcr!" of */PP relating to their contention 17.
In view of the above, the Applicar.#.s have moved for surriary disposition of, or to strike, contention 17.3 At the hearing the Licen-ing Board itself S The Applicants' motion for summary disposition was not served 45 days prior to the scheduled hearing as required by 10 CFR 52.749.
1224
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7910 90 h
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~ expressed special concern that the matter of the adequacy of fire insulation material had not been resolved upon the record.
In view of the special posture of this proceeding where the Licensing Board has required a public presentation at hearing of alleged defects in the Zimer facility (bolts on the traveling screen, damaged control rods, leaking pressure deors, etc.) it seems appropriate to hold an evidentiary hearing on fire insulation material. This v.uld assuage the special concerns of the Licensing Board, per nit the maximum possible public participation in the licensing proceeding, and, in pragmatic terms, it would take no more, or very little more, time and effort to resolve this matter in a day or two of evidentiary hearing than a day or two of arguments by counsel regarding the striking' of the contention or sumary discositicm Therefore, the Staff recomends that the Aoplicants' motions to strike and/or for sumary disposition be denied. $taff counsel was inf9med by telephone on September 25,1979 that MVPP is seeking expert witnesses (telephone call from Doug Gillman 9/25/79, 4:35p.m.).
It aopears to the Staff that resolving the matter by hearing would be the most expeditious manner of treating the issue.
The Applicants have also moved to reschedule the hearing in November as its principal witness, Melvin S. Abrams, would not be available in October. The Staff reccmends that the hearing be rescheduled in November. Mr. Abrams is an important witness as the author of Fire Protection Cable Tray Fire Test 1220.197
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3-perfortned by Construction Technology Laboratories, June 1979. This document provides a very important basis for acceptability of kaowool, the material proposed to be used in the Zimmer facility.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 27th day of September,1979 1221i 198 a
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0ff!ISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)h Docket No. 50-358 CINCINNATI GAS AND ELECTRIC COMPANY, et al.
)
(Wm. H. Zimmer Nuclear Power
)
Station, Unit No.1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPLICANT'.,' MOTIONS FOR SUfEARY DISPOSITION OF CONTENTION 17 AND TO VACATE THE ORDER SrHEDULING REST #'PTION OF.THE EVIDENTIARY HEARINGS" 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 Commission's internal mail system, this 27th day of September,1979:
Charles Bechhoefer, Esq., Chaiman*
Leah S. Kosik, Esq.
Atomic Safety and Licensing 3454 Cornell Place Board Panel Cincinnati, Ohio 45220 U.S. Nuclear Regulatory Commission
, Washington, D.C.
20555 W. Peter Heile,.Esq.
Assistant City Solicitor Dr. Frank F. Hooper Rocm 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 O. Bright
- 50 Market Street Atomic Safety and Licensing Clemont 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 1224 i99.
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I William J. Moran, Esq.
Atomic Safety and Licensing General Counsel Aopeal Board
- Cincinnati Gas & Electric Company U.S. fluclear Regulatory Comission P.O. Box 960 Mashington, D. C.
20555 Cincinnati, Ohio 45201 Docketina and Service Section*
. Atomic Safety and Licensing Office of the Secretary
, Board Panel
- U.S. fluclear Regulatory Comission U.S. fluclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555 M
M Charles A. Barth Counsel for flRC Staff 1224 200 i
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