ML19263D244
| ML19263D244 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 03/02/1979 |
| From: | Steptol P ISHAM, LINCOLN & BEALE |
| To: | |
| References | |
| NUDOCS 7903260362 | |
| Download: ML19263D244 (4) | |
Text
W*
,:-[#
y n
'I 6' n, i
h NRC Pu;ILIC DOCU3g pp, f'
a
.g A Q
\\~:
S:. ;V'
.s o~
1 -
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
\\ [,-
w
,-x BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF
)
)
COMMONWEALTH EDISON COMPANY
)
Docket Nos. 50-295
)
50-304 (Zion Station Units 1 and 2)
)
)
Proposed Amendments to
)
Increase Spent Fuel Storage
)
Capacity (43 F.R. 30938)
)
APPLICANT'S ANSWER TO INTERVENOR'S MOTION FOR CONTINUANCE On January 9, 1979 Applicant, Commonwealth Edison Company, pursuant to 10 CFR S2.749 filed a motion for summary disposition with supporting affidavits in respect of Intervenor's Amended Contentions 6 (c),
7, 8,
9, and 14.*
The NRC staff filed a motion for summary disposition with respect to the same contentions.
On February 21, 1979 Intervenor filed a response with supporting affidavits opposing these motions for summary disposition.
In addi-tion, however, Intervenor filed a motion for a continuance and leave to supplement its affidavits at some unspecified time in the future, after the issuance of the staff's Safety Evaluations Report
(" SER" ).
The gist of Intervenor's motion These contentions were redesignated as paragraphs 2 (f) (2), 2 (g), 2 (h), 2 (i) and 2 (n) in the Licensing Board's January 19, 1979 order.
7903260 23b5
p-is that the SER has not yet been issued and may not be issued until March 15, 1979; that Intervenor may wish to supplement its response to the motion for summary disposition based on additional information, if any, contained in the SER; and that it is premature for the Board to rule on the motion for sununary disposition prior to issuance of the SER.
Duke Power Co.
(William B.
McGuire Nuclear Station, Units 1 and 2) LBP 77-20, 5 NRC 680 (1977).
Applicant believes that Intervenor's motion for a continuance should be denied.
In this case, as opposed to Duke Power, the Staff's safety review of the contentions at issue is complete and the "taff agrees with the Applicant that no issues of material fact remain and that these con-tentions should be dismissed.
The affidavits attached to the Staff's motion adequately set forth the results of the Staff's safety review and the 1-asis for their conclusions.
That these Staff affidavits are not formalized as part of an SER is immaterial.
In any event, 10 CPR Part 2 Appendix A contemplates that the SER will be available prior to the close of hearings.
If the Staff's position, as reflected in the SER, changes from that expressed in the motions for summary disposition, or if substantial and material new information appears in the SER with respect to dismissed contentions, obviously it will not be too late to reopen the record.
But on the basis of these pleadings there is no reason to believe that either of these events will occur.
A
v
, Under the circumstances Intervenor's motion appears to be an attempt to "go to trial on the vague supposi-tion that something may turn up" which is not sufficient cause to defeat or delay summary disposition.
Gulf Staten Utilities Company, 1 NRC 246, 248 (1975), (quoting Moore's Federal Prac-tice 56.15 (3) ).
There is no reason for the Board to delay ruling on these summary disposition motions.
Moreover, a prompt decision limiting the issues for hearing could expedite the licensing process and thus would help preserve Applicant's chance to install new spent fuel storage racks at Zion prior to the next rcfueling outage la September, 1979.
Respectfully submitted, f~'N(.
s a A.)
s 'x
,\\,,e I
\\ s.
a s.
One of the Attorneys for Applicant Isham, Lincoln & Beale Suite 4200 One First National Plaza Chicago, Illinois 60603 312/786-7500
I
'F
~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter
)
)
COMMONWEALTH EDISON COMPANY
)
)
(Zion Station Units 1 and 2)
)
Docket Nos. 50-296
)
50-304 Preposed Amendments to
)
lucrease Spen Fuel Storage
)
Capacity
)
'.43 F.R.
30938)
)
CERTIFICATE OF SERVICE I,
Philip P.
Steptoe, hereby certify that a copy of Applicant's Answer to Intervenor's Motion for Continuance has been served upon the following by deposit in the United States mail, first class, this 2nd day of March, 1979:
Edward Luton, Chairman Dr. Forrest J.
Remick Atomic Safety and Licensing 305 East Hamilton Avenue Board Panel State College, U.S.
Nuclear Regu3atory Pennsylvania 16801 Commission Washington, DC 20555 Susan N.
Sekuler Assistant Attorney General Dr. Linda W.
Little 188 West Randolph Street Research Triangle Institute Suite 2315 P.O.
Box 12194 Chicago, Illinois 60601 Research Triangle Park, North Carolina 27709 Atocic Safety and Licensing Beard Panel Docketing and Service U.S.
Nuclear Regulatory Section Commission U.S.
Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Richard Konter 617 Piper Lane Richard Goddard Lake Villa, Illinois 60046 Office of the Executive Legal Director U.S.
Nuclear Regulatory Commission Washington, DC 20555
/
\\
]
s w
,A O O ' p ('
b s
Philip P. Stepdoe
[
~