ML19305E463

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Discusses Aslab 800324 Affirmation of ASLB Decision Re Expansion of Site Spent Fuel Pool.Action Demonstrates Viability of Summary Disposition for Resolving Contested Cases That Cannot Dispute Matl Facts
ML19305E463
Person / Time
Site: North Anna Dominion icon.png
Issue date: 04/18/1980
From: Shapar H
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Harold Denton
Office of Nuclear Reactor Regulation
References
NUDOCS 8005120491
Download: ML19305E463 (1)


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APR 181980 i

i MEMORANDUM FOR: Harold R. Denton, Director Office of Nuclear Reactor Regulation 1

FROM:

. Howard K. Shapar, Executive Legal Director Office of the Executive Legal Director

SUBJECT:

APPEAL BOARD BECISION IN THE NORTH ANNA SPENT FUEL POOL EXPANSION PROCEEDING (ALAB-584)

On March 24, 1080, the Appeal Board affimed the Licensing Board's decision in the above-referenced action to grant sumary disposition in its entirety, i

thereby teminating the proceeding. The issues on appeal included the con-sideration of certain alternatives, the adequacy of the spent fuel pool cooling system, the integrity of the spent fuel pool racks, cladding,and.

liner, and.the impact of the Minnesota v. NRC decision of the District of l

Columbia Circuit Court of Appeals on pending expansion cases.

The outcome before the Appeal Board was accomplished through diligence and timely case development by the legal and technical staff members involved who are to be commended for their effarts. This decision clearly demon-strates the viability of sumary disposition as a vehicle for resolving contested cases where there does not exist any dispute as to the material facts.

1181nal 31guea by a. E. Shapai Howard K. Shapar Executive Legal Director Office of the ExecuCve Legal Director i

cc: William J. Dircks Internal Distribution:

l NRC Central Reeves - 316 Phil OELD Reading Leech - P-522 i

Shapar,.Engelhardt l

Christerbury/HKS Chron (2)

Olmstead/Kaman Goldberg/Chron (2)

Dromerick - 128 Phil

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