ML19256F970
| ML19256F970 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 12/17/1979 |
| From: | Bowers E Atomic Safety and Licensing Board Panel |
| To: | CALIFORNIA, STATE OF |
| References | |
| NUDOCS 7912270143 | |
| Download: ML19256F970 (2) | |
Text
'e s
T UNITED STATES OF AMERICA y
f NUCLEAR REGULATORY COMMISSION
[ fg THE ATOMIC SAFETY AND LICENSING BOARD k, kT Elizabeth S. Bowers, Chairman b
Dr. Richard F.
Cole, Member Frederick J. Shon, Member In the Matter of
)
)
SACRAMENTO MUNICIPAL UTILITY
)
Docket No. 50-312 (SP)
DISTRICT
)
)
(Rancho Seco Nuclear Generating
)
Station)
)
ORDER RULING ON CEC'S MOTION OF OCTOBER 24, 1979 RELATIVE TO BURDEN AND GOING FORWARD On October 24, 1979, California Energy Commission (CEC) requested a Board ruling on three matters.
Two were related to discovery and schedule, and were settled by agreement of the parties and adopted by the Board on November 8, 1979, and December 4, 1979, respectively.
The third matter relates to the burden of going forward with CEC issues (contentions) and Board Questions.
On November 13, 1979, the NRC Staff responded to the CEC Motion.
The Staff referred to the Board's order of August 3, 1979, in which the Board
"(c) ordered that the burden of proof on all conten-tions will be placed upon the licensee and the bu en of going forward on contentions, shall be placed upon the party making the contention."
16A5 24B 70122 70 /N The Staff took the position that CEC had the burden of going forward on its " issues" which are in fact " contentions".
The Staff also took the position that when the Board assumed certain CEC issues, after reframing, as Board Questions, CEC was relieved of any unique burden of going forward with those issues.
The Staff stated that undoubtedly the Board intended for the Licensee, the Staff, and any other party to file testimony on them.
The Staff is correct that CEC's issues are in the Board's opinion " contentions" and CEC has the burden of going forward with these issues.
The Staff is also correct in its assessment of the parties' responsibility for the Board Questions.
That was the primary purpose of the Board in adopting these issues as "Boarl Questions".
FOR THE ATOMIC SAFETY AND LICENSING BOARD dA'.: M./w Eliz'abeth S. Bowers, Chairman Dated in Bethesda, Maryland this 17th day of December 1979.
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