ML19256E532
| ML19256E532 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 09/27/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911070581 | |
| Download: ML19256E532 (5) | |
Text
-
9/27/79 MC PUBLIC DOCIBIENT R001f
(
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION m
g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD S
ll Y
In the Matter of
)
g g,p 2 6 N
%1 S/
CINCINNATI GAS AND ELECTRIC
)
Docket No. 50-358 COMPANY, et al.
)
b
)
e 4
(b. H. Zimmer Nuclear Power
)
Station, Unit No.1)
)
NRC STAFF RESPONSE 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 su: mary, that the fire insulation material for cable trays was inadequate. MVPP stated it would produce Robert Hofstadter to testify in support of the contention. The NRC Staff an'd Applicant both served interrogatories upon MVPP and noticed 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 wculd 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 interrogatories of MVPP relating to their contention 17.
In view of the above, the Applicants have moved for surrary disposition of, or to strike, contention 17.S At the hearinc the Licensing Board itself 3 The Applicants' motion for su:=ary dis;:osi:fon was not served AS days prior to the seneduled hearing as recuired by 10 CFR s2.749.
79110705 5'/
'"3 134
'I expressed special concern that the mattar 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 Zimmer facility (bolts on the traveling screen, damaged control rods, leaking pressure doors, etc.) it seems appropriate to hold an evidentiary hearing on fire insulation material. This would assuage the special concerns of the Licensing Board, permit 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 summary disposition. Therefore, the Staff recommends that the Aoplicants' motions to strike and/or for summary disposition be denied.
Staff counsel was informed by telephone on September 25, 1979 that MVpP is seeking excert witnesses (telepnone call frem Doug Gillman 9/25/79, 4:35p.m.).
It acpears 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 recommends that the hearing be rescheduled in November. Mr. Abrams is an imcortant witness as the author of Fire protection Cable Tray Fire Test 9
F w'
l
( performed 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 Zimer facility.
Respectfully submitted, Charles A. Barth Counsel fo: NRC Staff Dated at Bethesda, Maryland this 27th day of September,1979
'" 3 136
~
i e
N sjM [
'b UNITED STATES OF AMERICA NUCLEAR REGULATORY C0!SiISSION 8
g \\a7 N I,_
0
'BEFORE THE ATOMIC SAFETY AND LICENSING E0ARQ
' C.
$5 In the Matter of I
D
}
5 c'
CINCINNATI GAS AND ELECTRIC
)
DocRet No. 50-358 COMPANY, e_t, a_1_.
)
t 1
(Wm. H. Zimer Nuclear Power
)
Station, Unit No.1)
}
CERTIFICATE OF SERVICE I hereby certify that copies 6f "NRC STAFF RESPONSE TO APPLICANTS' MOTIONS FOR
SUMMARY
DISPOSITION OF CONTENTION 17 AND TO VACATE THE ORDER SCHEDULING RESUMPTION 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 Com.ission'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 Ccemission Washington, D.C.
20555 W. Peter Heile, Esq.
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., Chaiman Board of Co rtissioners Mr. Glenn 0. Bright
- 50 Market Street Atomic Safety and Licensing Clement County Board Panel Batavia, Chio 45103 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John D. Woliver, Esq.
C1ermont Ccunty Con = unity Council Troy 3. Conner, Esq.
Box 181 Conner, Mcore and Corber Batavia, Ohio 45103 1747 Pennsylvania Avenue, N.'4 Washington, D.C.
20CC6
' " 3 137
l William J. Moran, Esq.
Atomic Safety and Licensing General Counsel Aopeal Board
- Cincinnati Gas & Electric Company U.S. Nuclear Regulatory Comission P.O. Box 960 Washington, 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 M8 M
Charles A. Barth Counsel for NRC Staff
"3 138 i
_