ML19346A166

Response Supporting NRC 810507 Motion for Summary Disposition of Bursey Contentions 2,3 & 4(b).Corrections & Clarifications Re NRC Supplemental SER Chapter 20 & Certificate of Svc Encl

ML19346A166
Person / Time
Site:	Summer
Issue date:	05/27/1981
From:	Knotts J KNOTTS, J.B., SOUTH CAROLINA ELECTRIC & GAS CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8106050301
Download: ML19346A166 (6)

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• May 27, 1981 UNITED STATES OF AMERICA #

NUCLEAR REGULATORY COMMISSION g\ ' ' ' ,,,

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r In the Matter of: ) \c M4 '*o

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GAS COMPANY, et al. ) Docket No. 50-395-OL ;se g

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APPLICANTS' RESPONSE TO NRC STAFF MOTION FORA u.L ' A

SUMMARY

DISPOSITION OF CONTENTIONS 2', 3 AND 4 IBh * %bs#* f

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On May 7, 1981, the NRC Staff filed a Motion for Summa.2

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Disposition of Intervenor Bursey's Contentions _2, 3 and 4 (b) ,

pursuant to 10 C.F.R. 52.749. Intervenor Bursey's Contention 2 relates to financial qualifications. and estimated decommis-sioning costs; Contention 3 relates to ATWS; and Con'tention 4 (b) relates to the duration of monitoring for reservoir-l

( induced seismicity.

t Applicants support the Staff's motions. Applicants ayree that there is no genuine issue of material fact with regard to any of these contentions and that su= mary disposition is warranted. We would note in connection "5 Contention 2,

! - however, that certain minor corrections or clarifications in l

accounting terminology, none of which affect the Staff's analysis or conclusions, should be made. We have discussed these corrections and clarifications with the NRC Staff and they have authorized us to state that they have r, objection l

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thereto. For convenient reference, we have set forth these corrections and clarifications in attachment A hereto.

For the reasons stated by. the NRC Staff (and witti respect to ATWS, for the additional reasons stated in Applicants' Motion .of Summary Disposition as to Contention 3), summary disposition of Contentions 2, 3 and 4 (b) should be granted.

Respectfully submitted, .

J se . B. Knot s, Jr.

C sel for Applicants May 27, 1981 I

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l Attachment A 1

APPLICANTS' CORRECTIONS AND CLARIFICATIONS WITH RESPECT TO NRC STAFF SUPPLEMENTAL SER CHAPTER 20 The Applicant has' proposed and the Staff has agreed to ,

1 the following corrections or clarifications, largely as a mattar of accounting terminology, to Chapter 20 of the NRC Staff's Supplemental Safety Evaluation Report (NUREG-0717, April 1981) which was attached to the Affidavit of Michael' Karlowicz, Jr., dated May 7, 1981 and submitted.in connec-tion with the NRC Staff Motion for Summary Disposition as to Intervenor Bursey's Contention 2.

1. On page 20-4, Subsection 20.6, 4th paragraph, the second sentence should be revised to read as follows (the change is shown by underscoring):

"The Authority's bond indentures and basic expansion bond resolution require that the Authority establish, main,tain, and collect rates sufficient to pay operation and maintenance expenses, principal and interest on all bonds . . . .

2. On page 20-6, in Section 20.7, second line, insert following the words " depreciation rates" the following:

"or deferred maintenance expenses"

3. ,. Also on page 20-6., in Section 20.7, the third complete sentence on the page should be revised aus follows (the additions are indicated by underscoring, omissions by brackets):

" Based upon the maximum aggregate requirement of

$70 million for total estimated decommissioning expenses and a 40 year facility license, an

~ . . . . . . .

annual provision [paymenti of $1.75 million-would be necessary by the Apolicants with respect to [ fund] negative salvage amounts."

4. - On page 20-7, still in Section 20.7, in the third paragraph on the page (which begins with the . word "Moreover") ,

- change the word " fund" in the seccnd line to " provide for."

5. Finally, also on page 20-7 and still in Section 20.7, in the 4th paragraph (which begins with the word "Furthermore"),

numbered item (2) should be revised by inserting the words "and the-Authority" between the word " Company" and the semicolon.

The foregoing corrections and clarifications are not in dispute and in any event are not material to the analysis or the conclusions reached by either Applicants or NRC Staff.

Aes ectfully submitted e

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Jo o. B. Knotts, Jr.

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UNITED STATES OF AMERICA .* ~~'D NUCLEAR REGULATORY COMMISSION [N c'UI,.

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BEFORE THE ATOMIC SAFE"Y AND LICENSING

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In the Matter of: NY. ' . ,

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SOUTH CAROLINA ELECTRIC & ) Docket No. 50-395 OL GAS COMPANY and )

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SOUTH CAROLINA PUBLIC SERVICE )

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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Re,sponse To NRC Staff Motion For Summary Disposition Of Contentions 2, 3 And t

4 (b) ," were served upon the following persons by deposit in the United States mail, first class postage prepaid, this 27th day of May, 1991:

Herbert Grossman, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Board Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

, George Fischer, Esq.

Dr. Frank F. Hooper Vice President and Group School of Natural Resources Executive- Legal Affairs

, University of Michigan South Carolina Electric &

Ann Arbor, Michigan 48109 Gas Company Post Office Box 764 Mr. Gustave A. Linenberger Columbia, South Carolina

Member, Atomic Safety and 29202 Licensing Board Panol U.S. Nuclear Regulatory Steven C. Goldberg, Esq.

Commission Office of the Executive Washington, D.C. 20555 Legal Director U.S. Nuclear Regulatory Chairman, Atomic Safety and Commission Licensing Appeal Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Mr. Brett Allen Bursey Washington, D.C. 20555- Route 1, Box 93-C Little Mountain, S.C. 29076 s s. e,e i g- y y M 4

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Mr. Chase R.' Stephens John C. Ruoff Docketing and Service Section Post Office Box 96 Office of the Secretary - Jenkinsville, S.C. 29065  ;

U.S. Nuclear Regulatory l Co= mission Robert Guild, Esq.

Washington, D.C. 20555 3141 Pall Mall Columbia, South Carolina 29201 Richard P. Wilson, Esq.

Assistant Attorney General .

South Carolina Attorney General's Office P.O. Box 11549 Columbia, South Carolina 29211

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