ML19338F110
| ML19338F110 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 10/03/1980 |
| From: | Bachmann R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8010070533 | |
| Download: ML19338F110 (4) | |
Text
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6.
10/03/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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GENERAL ELECTRIC COMPANY
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Docket No. 70-1308
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(Renewal of SNM-1265)
(GE Morris Operation Spent Fuel
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Storage Facility)
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NRC STAFF MOTION TO SET ASIDE SCHEDULE FOR
SUMMARY
DISPOSITION INTRODUCTION On September 19, 1980, in an affirmation session, the Commission approved the new Part 72 to Title 10 of the Code of Federal Regulations, entitled
" Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation."1! The Supplementary Information accompany-ing the approved new regulation states that the G.E. Morris license renewal, currently under review pursuant to 10 CFR Part 70, will proceed pursuant to 10 CFR Part-72.
On September 9, 1980, the Atomic Safety and Licensing Board had issued
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orders compelling discovery against intervenors State of Illinois and j
Rorem, ej:, a l,.
As part of those orders, the Board set October 20, 1980 as the date for filing motions for summary dispos ition and November 10, 1980 as the date for filing answers thereto.
For the reasons set forth below, the Staff moves that the Board set aside the current schedule for summary disposition.
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- When Part 72 is published, the Staff will provide copies to the service list of the regulation as it appears in the Federal Register.
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~2-DISCUSSION The contentions admitted into this proceeding were based on 10 CFR Part 70.
The new fegulation, 10 CFP Part 72, has been promulgated and determined by i
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the Commission to be applicable to the G.E. Morris Operation license renewal.2/
Certain provisions in 10 CFR Part 72, different from those in Part 70, will require the applicant to supplement the information submitted to the Staff.
The Staff will need to review this additional information before it can complete its safety evaluation and issue its Safety Evaluation Report.
In light of the new governing regulation and the supplemental infor-mation the Applicant will be required to file in support of its application for renewal of its license to store spent fuel at the Morris facility, it is likely the intervenors will review their previously file) contentions and may seek to supplement them by modification, amendment or withdrawal.E!
Under these circumstances, there is no benefit in pursuing summary disposi-tion on the existing contentions on the current schedule.
--2/ Since the Commission has specifically directed that this license renewal action proceed pursuant to 10 CFR Part 72, and since that regulation has not been published as of this date, the current schedule for summary disposition puts the parties in an untenable position. The only effective regulation which could apply to the case at hand, 10 CFR Part 70, may no longer be used.
-3/ Should the Intervenors seek to amend their contentions, they will have to file a motion requesting permission from the Board pursuant to 10 'CFR 2.714(a)(3) which requires that the factors in 10 CFR 2.714(a)(1) be addressed.
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CONCLUSION Tor the reasons set forth above, the Staff moves that the Board issue an order setting aside the current schedule for suramary disposition.
Respectfully submitted, M
$h Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 3rd day of October, 1980
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i l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Ma,tter of
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1 GENERAL ELECTRIC COMPANY Docket No. 70-1308
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(Renewal of SNM-1265)
(GE Morris Operation Spent Fuel
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Storage Facility)
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CERTIFICATE OF SERVICE 1 hereby certify that copies of "NRC STAFF MOTION TO SET ASIDE SCHEDULE FOR
SUMMARY
DISPOSITION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Com=is-sion's internal mail system, this 3rd day of October, 1980:
l Andrew C. Goodhope, Esq., Chairman Edward Firestone, Esq.
Atomic Safety and Licensing Board Legal Operation 3320 Estelle Terrace General Electric Company Wheaton, MD 20906 175 Curtner Avenue Mail Code 822 Dr. Linda W. Little San Jose, CA 95125 5000 Hermitage Drive Raleigh, NC 27612 Mr. Everett Jay Quigley R.R. 1 Box 378 t
Dr. Forrest J. Remick Kankakee, IL 60901 305 East Hamilton Avenue State College, PA 16801 Atomic Safety and Licensing Board Panel
- l Susan N. Sekuler, Esq.
U.S. Nuclear Regulatory Commission Dean Hansell, Esq.
Washington, DC 20555 Office of the Attorney General 188 West Randolph Street Atomic Safety and Licensing Appeal Suite 2315 Panel (5)*
Chicago, IL 60601 U.S. Nuclear Regulatory Commission Washington, DC 20555 Ronald Szwajkowski, Esq.
Matthew A. Rooney, Esq.
Docketing and Service Section (7)*
Mayer, Brown & Platt Office of the Secretary 231 South LaSalle Street U.S. Nuclear Regulatory Commission Chicago, IL 60604 Washington, DC 20555 Ms. Bridget Little Rorem i
Essex, IL 60935 Richa'rd G. Bachmann Counsel for NRC Staff