ML19340A329
| ML19340A329 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 07/05/1973 |
| From: | Davis F US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8003060987 | |
| Download: ML19340A329 (4) | |
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c UNITED STATES OF AMERICA ATOMIC ENERGY COMMYSSION 7/5/73 l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of TOLED0 EDISON COMPANY AND THE
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. CLEVELAND ELECTRIC ILLUMItiATING
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Docket No. 50-346 COMPANY
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(Davis-BesseNuclear,PowerStation)
RESPONSE OF THE AEC REGULATORY STAFF TO THE APPLICANTS' MOTION TO STRIKE INTERVENOR'S CONTENTION On May 31,1973, the presiding Atomic Safety and Licensing Board (Board) issued a Special Prehearing Conference Order (Order) soecify-ing that the Coalition for Safe Electric Power (Intervenor), would be abnitted as a party to this proceeding on several denominated issues.
At the Prehearing Conference held on June 28, 1973, the Applicants,.
Toledo Edison Company and the Cleveland Electric Illuminating Com-pany, orally moved to strike Intervenor's Cantention 3.E As worded in the Order, and as elaborated upon by the Intervenor in its replies to both the Applicants' and the regulatory staff's Inter-rogatories, Contention 3 appeared to the Applicants to constitute a challenge to the~ Commission's regulations (10 CFR Part 71) without meeting the requirements of 52.7SC of the Commission's Rules of Practice (10CFRPart2).
E-Tr.102 800'8060987 G
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. The staff also believes that Contention 3 should be stricken as an 1
issue in this proceeding, for the same reasons as given by the Applicant.
There are Commission requirements in 10 CFR Part 71 for casks used for the shipment of spent fuel. To challenge the regulation requires a showing of "special circumstances" in accordance with f2.758 of the Commission's Rules of Practice.
In an attempt to make that showing at the Special Prehearing Conference held on May 22, 1973, the Inter-venor's chairman, Mrs. Stebbins, assured the Board that there existed a unique situation in the vicinity of the station which made the staff's treatment of transportation accidents involving spent; fuel being shipped from the plant inadequate.
In its subsequent replies to both the Applicants' and the staff's interroga:ories on this Issue, however, the Intervenor alleged only that " casks which hold radioactive waste materials [might] break open." In addition, it was alleged that the casks might be shipped across bridges higher than 30 feet.
This is not~ an adequate showing of special circumstances to meet the requirements of 52.758.
Because the Intervenor has failed to meet the requirements of 12.758 of the Commission's Rules of Practice, the staff believes that Is-sue '3 should be stri'cken..
Daeper'#"11v submitted,
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' Francis ~X. Davis Counsel for. AEC ' Regulatory Staff Dated at Bethesda, Maryland, this 'Sth ' day' of July,1973.
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION.
In the Matter of
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TOLEDO EDISON COMPANY AND THE
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CLEVELAND ELECTRIC ILLUMINATING
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Docket No. 50-346
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COMPANY
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(Davis-Besse Nuclear Power Station)
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' CERTIFICATE-OF SERVICE I hereby certify that copies of " Response of the AEC Regulatory Staff to the Applicants' Motion to Strike Intervenor's Contention," dated July 5,1973, in the captioned matter, have been served on the following by deposit in the United States mail, first class or air mail, this 5th day of July,1973:
John B. Farmakides..Esq., Chairman Dr. Harry Foreman, Director Atomic Safety and Licensing Center for Population Studies Board Panel University of Minnesota U.S. Atomic Energy Commission Minneapolis, Minnesota 55455 Washington, D.C. 20545 Ms. Evelyn Stebbins, Chairman Dr. Cadet H. Hand, Jr., Director Coalition for Safe Nuclear Power Bodega Marine Laboratory 705 Elmwood Road University of California Rocky River, Ohio 44116 P.O. Box 247 Bodega Bay, California 94923 Gerald Charnoff, Esq.
Shaw, Pittman, Potts & Trowbridge Mr. Frederick J. Shon 91017th Street, N.W.
Atomic Safety and Licensing Washin ton, D.C.
20006 a
Board Panel U.S. Atomic Energy Commission Atomic Safety and Licensing -
Washington, D.C. 20545_
Appeal Board U.S. Atomic Energy Commission Joseph F. Tubridy, Esq.
Washington, D.C. 20545 4100 Cathedral Avenue, N.W.
Washington, D.C. 20016 Atomic Safety and Licensing Ecard Panel U.S. Atomic Energy Commission Washington, D.C.
20545
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' Mr. Frank W. Karas Chief, Public Proceedings Staff Office of the Secretary of the Commission l
U.S. Atomic Energy Commission l
Washington, D.C.
20545 Russell 3 Baron, Esq.
j Brannon, Ticktin,' Baron & Mancini l
930 Keith Building j
Cleveland, Ohio 44115 fy l
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l Francis X. Davis l
Counsel for AEC Regulatory Staff l
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