ML19340B668
| ML19340B668 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 11/05/1980 |
| From: | Rooney M, Szwajkowski R GENERAL ELECTRIC CO., MAYER, BROWN & PLATT |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011110587 | |
| Download: ML19340B668 (4) | |
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November 5, 1980
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. h ',ERVICEh0 CLEAR REGULATORY COMMISSION e
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ELECTRIC COMPANY,
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Docket No. 70-13
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Spent fuel Storage Facility Docket) j-f,Or,
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4 RESPONSE OF GENERAL ELECTRIC TO ILLINOIS'.
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PETITION FOR PROCEEDING AND HEARING 11 4
AND MOTION FOR CONSOLIDATION.
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General Electric Company (" General Electric") submits this Memorandum in opposition to the Petition for Proceeding and Hearing and Motion for Consolidation of the State of Illinois
(" Illinois"), regarding a request for a license amendment to SNM-1265.
The amendment request was filed on i
January 23, 1980; the Petition and Motion on October 15, 1980.
General Electric opposes the Petition and, accordingly, con-solidation on the ground that it is unnecessary for the Board to consider the Petition at this time because promulgation of 10 C.F.R.,
Part 72 has made moot the license amendment request and will result in that request being withdrawn by General I
Electric.
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o During the deposition of David M. Dawson in this matter, taken on September 12, 1980, Illinois was informed in rather extensive detail the reason for submission of the license renewal reguest.
(Pp. 38-56.)
The purpose of the amendment was to provide interim procedures, under which General Electric could perform certain changes, tests or experiments at the Morris Operation, until renewal of the license under Part 72 as promulgated.
Illinois admits on page 2 of'its petition that 10 C.F.R.
S70.34, as proposed, was the model for the license amendment request.
Since Illinois filed its p'etition, General Electric has received an advance copy of 10 C.F.R.,
Part 72, as pro-mulgated, from the NRC Staff.
Section 70.35, entitled " Changes, Tests and Experiments," fully covers the subject of the license amendment request and S70.35 and the request are substantially the s ame.
The result is that General Electric will in the future withdraw its license amendment request, since the Morris Operation will be operated in compliance with and under the authority of 10 C.F.R., Part 72, when the license is renewed.
In the interim, until the General Electric license is renewed under 10 C.F.R.,
Part 72, in the absence of such regulatory procedures, as was sought under the license ataendment request, General Electric will continue to operate the facility in compliance with applicable regulation and the current license.
Accordingly, General Electric now considers its license amendment request of January 23, 1980 a duplication of its authority to act under Part 72.
The Board should, therefore, deny Illinois' Petition and Motion at this time.
General Electric will withdraw its request for the license amendment by November 14, 1980.
Respectfully submitted, GENERAL ELECTRIC COMPANY By:
12 4/
N Ronald W.
Szwajkowsyi Matthew A.
Rooney Its Attorneys OF COUNSEL:
MAYER, BROWN & PLATT 231 South LaSalle Street Chicago, Illinois 60604 (312) 782-0600 r
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UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION In the Matter of
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I GENERAL ELECTRIC COMPANY
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Docket No. 70-1308 Consideration of Renewal of
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Materials License No. SNW-1265)
Issued to GE Morris Operation )
Fuel Storage Installation
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CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a copy of RESPONSE OF GENERAL ELECTRIC TO ILLINOIS' PETITION FOR PROCEEDING AND HEARING AND MOTION FOR CONSOLIDATION, in the above-captioned proceeding on the following persons by causing the said copies to be deposited in the United States mail at 231 South LaSalle Street, Chicago, Illinois, in plainly addressed and sealed envelopes with proper first class postage attached before 5:00 P.M.
on November 5, 1980:
Andrew C. Goodhope, Esq., Chairman Susan N.
Sekuler, Esq.
Atomic Safety and Licensing Board George William Wolff, Esq.
3320 Estelle Terrace Office of the Attorney General Wheaton, Maryland 20906 188 West Randolph Street Suite 2315 Dr. Linda W.
Little Chicago, Illinois 60601 Atomic Safety and Licensing Board 5000 Hermitage Drive Marjorie Ulman Rothschild, Esq.
Raleigh, North Carolina 27612 United States Nuclear Regulatory Commission Dr. Forrest J. Remick washington, D.C.
20555 Atomic Safety and Licensing Board 305 East Hamilton Avenue Atomic Safety and Licensing State College, Pennsylvania 16801 Board Panel U.S. Nuclear Regulatory Atomic Safety and Licensing Appeal Commission l
Panel Washington, D.C.
20555 l
U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 Docketing and Service Section Office of the Secretary Bridget L. Rorem U.S.
Nuclear Regulatory
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Essex, Illinois 60935 Commission Washington, D.C.
20555 Everett J. Quigley R.R.
1, Box 378
,[g Kankakee, Illinois 60901 g
Matthew A. Rooney /
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