ML19309C582

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Forwards Statement Reflecting NRC Views on Admissibility of Citizens Association for Sound Energy Contentions Per 800319 Telcon.Nrc Will Contact Intervenor on 800404 Re Compliance W/Aslb 800319 Order.W/O Encl
ML19309C582
Person / Time
Site: Comanche Peak  
Issue date: 03/28/1980
From: Rothschild M
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Ellis J
Citizens Association for Sound Energy
References
NUDOCS 8004090018
Download: ML19309C582 (2)


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March 28, 1980 VIA EXPRESS MAIL Mrs. Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 South Polk Street Dallas, TX 75224 In the Matter of Texas Utilities Generating Company, et al (Comanche Peak Steam Electric Station, Units 1 and 2)

Docket Nos. 50-445 and 50-446

Dear Mrs. Ellis:

In connection with the parties' conference call of March 19, 1980, concerning the contentions CASE has proposed in this proceeding (as revised through the parties' negotiations or as originally proposed), the Staff has enclosed a statement of the Staff's views on the admissibility of these contentions. As the Staff stated in the parties' conference call of March 19, 1980, the pur-pose of the enclosed statement is to provide CASE with a better understanding of the Staff's position on the admissibility of CASE's contentions. However, while this statement substantially sets forth the Staff's position on the admissibility of CASE's contentions, there may be some non-substantive revisions in any formal ctatement of position filed with the Licensing Board. As you recognize, and as you will further note from reviewing the statement, for the most part the Staff's objections to the admissibility of certain of CASE's contentions concern the adequacy of the bases presented in support of the contentions, rather than the language of the contentions.

Also enclosed is a copy of part of a recent Licensing Board decision, Houston Lighting and Power Company (Allens Creek Nuclear Generating Station, Unit 1),

LBP NRC (March 10, 1980), Slip Opinion. The Staff cites this decision in its statement of position with respect to CASE contentions 5. and 7.

Since the opinion is over one hundred pages long, I have only included those portions relating to the issues raised in CASE contentions 5. (spent fuel storage) and 7. (low-level radiation).

In the Licensing Board's " Order Scheduling Prehearing Conference," (for April 30, 1980) issued on March 19, 1980, the Board directed that each party submit to the Board not later than twenty days prior to the prehearing conference, i.e., by April 10, 1980, a complete report on each party's position on each contention.

In order that the parties can comply with the Board's direction, the Staff will contact you on April 4, 1980, in order to 8 0 04 0 9 0o(g

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!!rs.,Juanita Ellis a further discuss CASE's position as to the stipulation executed by the Staff and Applicants.

In the "NRC Staff Answer to CFUR and CASE ReJponses to NRC Staff's Status Report on Proposed Stipulations And Their Requests That The NRC Staff Be Ordered To Provide Documents and Conduct Further Negotiations" dated March 10, 1980, the Staff stated, with respect to CASE's request for copies of the Final Safety Analysis Report (FSAR), Environmental Report (ER) and revisions, that provisions have been made to assure that CASE will be provided with those documents. Accordingly, I have obtained and am sending to you, by separate parcels, the Environmental Report (Vols. I and II) and the FSAR.

Sincerely, Atuy.m (llww $%cj]cp Marjorie Ulman Rothschild Counsel for NRC Staff

Enclosures:

As stated cc w/encls:

Nicholas S. Reynolds, Esq.

cc w/o encls:

Rest of Service List e

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