ML20005A752
| ML20005A752 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 06/29/1981 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8107010175 | |
| Download: ML20005A752 (5) | |
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UNITED STATES OF AMERICA sg A
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of APPLICATION OF WESTINGHOUSE ELECTRIC CORPORATION FOR A SPECIAL NUCLEAR Docket No. 70-2909 MATERIAL LICENSE FOR THE ALABAMA NUCLEAR FUEL FABRICATION PLANT (ANFFP)
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TO BE LOCATED NEAR PRATTVILLE, ALABAMA )
NRC STAFF'S MOTION FOR INDEFINITE DEFERRAL OF RESPONSE TO CONTENTIONS FILED BY PETITIONER CATHALYNN DONELSON Pursuant to 10 CFR 55 2.711 and 2.730, the NRC Staff (" Staff") hereby moves for an indefinite deferral of the time in which to file its response to the contentions f.iled by petitioner Cathalynn Donelson.
In support hereof, the Staff states as follows:
1.
Pursuant to the Order of the Atomic Safety and Licensing Board
(" Licensing Board") dated May 15, 1981, petitioner Cathalynn Donelson has
,,. filed two sets of restructured contentions in this proceeding, in addition to her originally identified contentions. These are as follows:
(a)
"Second Supplement to Petition of Cathalynn Donelson for Leave to Intervene," dated December 20, 1980; (b)
" Revised Contentions of Petitioner Cathalynn Donelson,"
dated May 29, 1981; and (c)
"Additior.dl Revised Contentions of Petitioner Cathalyn Donelson," dated June 6, 1981.
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2.
Pursuant to the Licensing Board's Order of May 15, 1981, the time in which the Staff may file its response to petitioner Donelson's con-tentions expires on June 29, 1981.
3.
By letter of June 11, 1981, Westinghouse Electric Corporation
(" Applicant") advised the Licensing Board and the parties that it "has decided to defer indefinitely its plans to construct a nuclear fuel fabri-cation facility in Prattville, Alabama," and that it had submitted to the Commission a request for the " withdrawal of its application for the special nuclear material license relating to the proposed (acility." The Applicant indicated its belief that no "further p.%cedures are required before the Atomic Safety and Licensing Board in connection with the application."
4.
The Staff understands that the Applicant has determined that it will not pursue its app'ication in this proceeding, and that the Applicant intends to file a riotion to dismiss the proceeding at such time as its request to withdraw its application has been granted.
5.
The Staff believes that a response to petitioner Donelson's contentions is not required to be filed, inasmuch as that those contentions appear to have been mooted by the Applicant's having filed its request to withdraw its application. Accordingly, in the interest of conservin5 Staff resources, the Staff believes that a response to those contentions should not be required to be filed at this time.
In the event that this proceeding is not later dismissd, however, the Staff will undertake to file responses to any outstanding pleadings as then appears necessary and proper.
6.
Counsel for the Staff has been in contact with petitioner Donelson and Counsel for the Applicant, and is authorized to state that neither of those parties objects to the granting of this motion.
s.
WHEREFORE, pursuant to 10 CFR li 2.711 and 2.730, the Staff hereby moves for an indefinite deferral of the time in which to file its response to the contentions filed by petitioner Cathalynn Donelson.
Respectfully submitted, l
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ML E /d-Sherwin E. Turk Cour tel for NRC Staff Dated at Bethesda, Maryland this 29th day of June, 1981 i
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s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of APPLICATION OF WESTINGHOUSE ELECTRIC CORPORATION FOR A SPECIAL NUCLEAR Docket No. 70-2909 MATERIAL LICENSE FOR THE ALABAttA NUCLEAR FUEL FABRICATION PLANT (ANFFP)
TO BE LOCATED NEAR PRATTVILLE, ALABAMA CERTIFICATE OF SERVICE 1 hereby certify that copies of "NRC STAFF'S MOTION FOR INDEFINITE DEFERRAL OF RESPONSE TO CONTENTIONS FILED BY PETITIONER CATHALYNN DONELSON" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first : lass or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's Internal mail system, this 29th day of June, 1981:
John F. Wolf. Esq., Chairman
- Julian L. McPhillips, Jr., Esq.
Administrative Judge P.O. Box 64 Atomic Safety and Licensing Board Slo South Perry Street 3409 Shepherd Street-Montgotery, AL 36101 Chevy Chase, MD 20015 Dr. Louis G. Williams Dr. Harry Foreman 1246 Northwood Lake Administrative Judge Northport, AL 35476 Box 395, Mayo University of Minnesota Dr. Ira L. Myers, M.D.
Minneapolis, MN 55455 State Health Officer State of Alabama
.. Dr.11artin J. Steindler Department of Public Health Administrative Judge State Office Building Argonne National Laboratory Montgomery, AL 36104 9700 South Cass Avenue Argonne, IL 60439 Ms. Cathalynn Donelson 855 Park Avenue Barton Z. Cowan, Esq.
Montgomery, AL 36106 Eckert, Seamans, Cherin & Mellot Forty-Second Floor Atomic Safety and Licensing Board 600 Grant Street Panel
- Pittsburgh, PA 15219 U.S. Nuclear Regulatory Commission
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Washington, DC 20555 Donald R. Marcucci, Esq.
Law Department Atomic Safety and Licensing Appeal Westinghouse Electric Corp.
Panel (5)*
P.O. Box 355 U.S. Nuclear Regulatory Commission Pittsburgh, PA 15230 Washington, DC 20555
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Docketing and Service Section (7)*
Office of the Secretary U.S. Nuclear Regulatory Comission Washington, DC 20555
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LS*Ldli) L hA Sherwin E. Tuth Counsel for NRC Staff 1
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