ML20003A658
| ML20003A658 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 02/02/1981 |
| From: | Bachmann R, Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102040580 | |
| Download: ML20003A658 (3) | |
Text
02/02/81 Mb c3 IV UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O
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rn BEFORE THE ATOMIC SAFETY AND LICENSING BOARD vi g31 v-E n theI atter of I
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GENERAff ELECTRIC COMPANY
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Docket No. 704308
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(RenewalofSNM-42J5),A G' (bEMohrisOperationSpentFuel
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Sto{ageFacility)
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NRC STAFF MOTION TO AMEND BOARD SCHEDULE OF DECEMBER 8, 1980 On December 8, 1980, the Atomic Safety and Licensing Board (the Board) issued an " Order Granting Stay of Proceeding" (Order). The Board's Order responded to the request of the State of Illinois for a stay of further proceedings until thirty days after the effective date of new Part 72 of theCommission'sregulationsinTitle10oftheCodeofFederalRegulations.1/
Since Part 72 is now the controlling regulation in this license renewal pro-ceeding, the Board stated that "it appears appropriate that additional time be granted for filing of amended contentions, replies thereto, and for any further discovery which might be appropriate under the new Part 72."2_/
In its Order, the Board adopted a schedule to control future proceedings.
According to the schedule, February 26, 1981 is the "date by which all of the parties will submit any proposed amendments to contentions and motions for leave for additional discovery, which the parties believe are justified by promulgation of 10 CFR Part 72."2/ arch 19,1981 is the "date by which M
1/
10 CFR Part 72 " Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation" was published in the Federal Register on November 12, 1980 (45 Fed. R3 74693) with an effective date of November 28, 1980. The eTTective date was sub-sequently corrected to December 12, 1980 in a Federal Register notice published November 26,1980 (45 Fed. RS. 78623).
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Order, p. 1.
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Id., p. 2.
C 8102040 g g
any other party may respond to any proposed amendments to contentions and any motion for leave for additional discovery, which are filed by the other parties"O The Comission's rules of practice provide that discovery shall relate only to those matters in controversy which have been identified by the Board.
10 CFR s 2.740(b)(1).
Pennsylvania Power and Light Company and Allegheny Electric Cooperative. Inc. (Susquehanna Steam Electric Station, Units 1 and 2), ALAB-513, 12 NRC 317, 322,(1980).
It is the Staff's position that, until amendments to contentions, if any, are submitted and ruled upon by the Board with the result that modified or additional contentions are admitted in this proceeding, the need for additional discovery cannot be determined. For this reason, the Staff requests that the Board amend the schedule in its Order of December 8, 1980 to permit the motions for leave for additional discovery to be filed fifteen days after the Board has ruled on the admis-sibility of any new or modified contentions and that responses to such motions, if any, be filed in accordance with the respcnse times provided in 10 CFR 6 2.730.
Staff counsel contacted counsel for the other parties to advise them of this motion. Counsel for the State of Illinois and Ms. Bridget Rorem stated they had no objection. Licensee General Electric indicated that it intends to file a response to this motion.
Respectfully submitted, I11 m fle1%dulei In '
2 Mar Iman Rothschild C W L Q or NRC S ff f
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c, ard G. Bachmann Coups;l for NRC Staff Dated at Bethesda, Maryland this.2nd day of February,1981 4j Order, p. 2.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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GENEPAL ELECTRIC COMPANY
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Docket No. 70-1308
)
(Renewal of SNM-1265)
(GE Morris Operation Spent Fuel
)
Storage Facility)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION TO AMEND BOARD SCHEDULE OF DECEMBER 8, 1980" 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 Commission's internal mail system, this 2nd day of February, 1981:
Andrew C. Goodhope, Esq., Chairman Ms. Bridget Little Rorem Administrative Judge Essex, IL 60935 Atomic Safety and Licensing Board 3320 Estelle Terrace Edward Firestone, Esq.
Wheaton, MD 20906 Legal Operation General Electric Company Dr. Linda W. Little 175 Curtner Avenue Administrative Judge Mail Code 822 5000 Hcmitage Drive San Jose, CA 95125 Raleigh, NC 27612 Mr. Everett Jay Quigley Dr. Forrest J. Remick R.R. 1 Box 378 Administrative Judge Kankakee, IL 60901 305 East Hamilton Avenue State College, PA 16801 Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Comission John Van Vranken-Esq.
Washington, DC 20555 Office of the Attorney General 88 We andolph Street Atomic Safety and Licensing Appeal Chicago, IL 60601 U.S uc e r 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
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Richard G. Bachmann Counsel for NRC Staff
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