ML19326A844
| ML19326A844 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 07/10/1972 |
| From: | Charnoff G, Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., TOLEDO EDISON CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8003050750 | |
| Download: ML19326A844 (5) | |
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UNITED STATES OF AMERICA
. ATOMIQ ENERGY. COMMISSION Before Atomic : Safety and Licensing - Appeal Board In the Matter of THE TOLEDO EDISON COMPANY and.
Docket No. 50-346 THE. CLEVELAND ELECTRIC ILLUMINATING COMPAIFf (Davis-Besse Nuclear Power Station) i 4-EXCEPTION TO HIITIAL DECISION (JULY 9,1972) SUBMITTED BY THE TOLEDO EDISON COMPA!T? A iD THE CLEVELAND ELECTRIC ILLUIETATING-COMPAIri
- 1. 'The Toledo Edison Company and The Cleveland Elec-t'ric Illuminating Company (Permittees) -believe that the Initial Decision (July 9, 1972) is clearly correct and is supported by substantial evidence.
However, Permittees submit the following i
exception in the nature of a clarification.
2.
In para.12 of the Inittal Decision (July 9,1972),
the Licensing Board stated that " matters involving non-radioactive materials are net in issue in the present case."
Conversely,
..the Licensing. Board, para. 17, indicated that radioactive aspects of: Davis-Besse operation are "the only matter at issue in the 1.:
current proceedir.g."
The Appeal Board should clarify this 8903 05 o 7gg gl
ianguage to reflect the Licensing Board's obvious intent, which-was to' indicate that the only issues which Intervenor sought to controvert'were those relating to radiological matters.
Matters relating to non-radiological aspects of operation and post-NEPA review construction were issues in the proceeding, as indicated by para. 8-16 of the Initial Decision,but were not controverted by Intervenor.
3 The record of the hearing clearly demonstrates that Intervenor stipulated that evidence on non-radiological aspects could be admitted without the necessity for sponsoring witnesses and that Intervenor was not interested in cross-examination with respect to such testimony.
Tr. 2802, 2803, 2809,-2828, 2830.
Based upon this stipulation, a large volume of non-radiological testimony was admitted into the record.
Tr. 2832-2857 It is therefore clear that non-radiological matters were "not in issue" in that these issues were not of concern to Intervenor.
Intervenor's " lack of concern" is particularly noteworthy in that its primary complaint,ever since Intervenor filed with the, Court of Appeals its Petition for Review of the Construction Permit for the Davis-Besse
-plant fourteen months ago,Lhas been a desire to have a hearing on non-radiological environmental matters.
4.
Permittees respectfully request that the Appeal J
. Board modify the Initial Decision accordingly.
Respectfully submitted, f
f 8sy
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GerrfLc Jay Sly. berg Counsel for The Toledo Edison Company and The Cleveland Electric Illuminating Company Dated: July 10, 1972
UN'TED STATES OF AMERICA
'ATOMZ1 ENERGY COIGISSION Before Atomic Safety and Licensing Appeal Board In the Matter of THE TOLEDO EDISON COMPANY
-and Docket No.50-34o THE CLEVELAND ELECTRIC ILLUMINATING COMPANY
'(Davis-Besse Nuclear Power Station)
CERTIFICATE OF SERVICE I hereby certify that copies of the Exception to Initial Decision (July 9,1972) Submitted by The Toledo Edi-son Company and The Cleveland Electric Illuminating Company were served on the following on July 10, 1972:
By Telegram:
- Walter W. K. Bennett, Esq., Chm.
Secretary Atomic Safety and Licensing Appeal U. S. Atomic Energy Commission Board Washington, D. C.
20545 U. S. Atomic Energy Commission Attn:
Chief, Public Proceedings Washington,.D. C.
z?545 Branch
-Dr. John H. Buck, Vice Chairman Jerome Garfinkel, Esq., Chm.
Atomic. Safety and Licensing Atomic Safety and Licensing Appeal Board Board U. S. Atomic Energy Commission U. S. Atomic Energy Commission
. Washington, D. C.
20545 Washington, D. C.
20545 Dr. Lawrence Quarles Jerome S. Kalur, Esq.
Atomic Safety and Licensing Jamison, Ulrich, Burkhalter Appeal Board
& Hesser U. S. Atomic Energy Commission 1425 National City Bank Bldg.
Washington, D.LC.
20545 Cleveland, Ohio k4114
t
, - By Mail:
lDr. John'R. Lyman Nathaniel H. Goodrich, Esq.
Department of Environmental Chairman Sciences.
Atomic Safety & Licensing Ed._
The University of North Carolina Panel Chapel Hill, N. C.
27514 U. S. Atomic Energy Commiss, ion Washington, D. C.
20545 Dr. Emmet!
A. Luebke 610 Foxen. Drive David E. Kartalia, Esq. (6)
Santa Barbara, Calif. _93105 Office of General Counsel U. S. Atomic Energy Commission Atomic Safety and Licensing Washington, D. C. 20545 Board Panel U. S. Atomic Energy Commission Jerome S. Kalur, Esq.
Washington,'D. C.
20545' Jamison, Ulrich, Burkhalter &
Hesser 1425 National City Bank Bldg.
Cleveland, Ohio 44114 SEAW, PITTMAN, POTTS & TROWBRIDGE 0
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