ML20010C080

Motion for ASLB to Establish Schedule Leading to Completion of Mfg License Proceeding.Hearing Process Should Be Resumed to Address New Matters Contained in Upcoming Ser,Suppl 4. Certificate of Svc Encl.Related Correspondence

ML20010C080
Person / Time
Site:	Atlantic Nuclear Power Plant
Issue date:	08/12/1981
From:	Cowan B, Kenrick J, Kenrick R ECKERT, SEAMANS, CHERIN & MELLOTT, OFFSHORE POWER SYSTEMS (SUBS. OF WESTINGHOUSE ELECTRI
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108190098
Download: ML20010C080 (6)

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I ItELATED CORRESPONDENCE @ g

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UNITED STATES OF AMERICA 0 Agg y 4 fg8I NUCLEAR REGULATORY COMMISSION "Dlm 6 : .

6 k'C;t a ecj BEFORE THE ATOMIC SAFETY AND LICENSING BOARD /, ~0

/ Q i i '.o, s In the Matter of  :

OFFSHORE POWER SYSTEMS  : Docket No. STN 50==.137

O I f 4 7 (hanufacturing License for  : cP.\g g g Floating Nuclear Power Plants)  : y' Q N '

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APPLICANT'S MOTION ( #12)

TO ESTABLISH SCHEDULE 9 gM }

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Offshore Power Systems (" Applicant" or D ' ,, 'o hereby respectfully requests the Atomic Safety and Licens-ing . Board (" Board") to establish a schedule leading to the completion of this manufacturing license proceeding. The last hearing in this proceeding occurred on November 2, 1979. At the conclusion of the November 2, 1979, hearing session, all contentions authorized by the Board had been considered at hearing or resolved by summary disposition.

Pursuant to the Board's Order of May 2, 1979, as amended, Applicant filed on June 1, 1979, Proposed Findings of Fact on all matters previously addressed at hearing and the NRC 1

Regulatory Staff (" Staff") filed its Proposed Findings of D50 5

1 Fact on August 24, 1979. j [

The Staff review of the pending manufacturing license application was delayed after the TMI-2 incident l pending formulation of a Commission policy for subsequent 9108190098 810812 PDR ADOCK 05000437 G POR

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licensing. In August, 1980, the Staff published NUREG-0718 entitled " Licensing Requirements for Pending Applications for Construction Permits and Manufacturing License"-in draft

, form for comment. NUREG-0718 was issued as a final report in March, 1981. On March 23, 1981, the Commission published for comment a proposed amendment to 10 C.F.R. S 50.34 enti-tied " Licensing Requirements for Pending Construction Permit and Manufacturing License Applications." This proposed rule was drawn from NUREG-0718. Following the comment period, the Staff modified some of the NUREG-0718 requirements in the course of revising the proposed amendment to 10 C.F.R.

S 50.34. Revision 1 to NUREG-0718, which incorporates such modifications, was published in June, 1981.

On July 10, 1981, the Staff issued a revised pro-posed amendment to 10 C.F.R. S 50.34. By letter dated July 14, 1981, Darrell G. Eisenhut, Director, Division of Licens-ing, NRC Office of Nuclear Reactor Regulation, advised AP-plicant that the Commission currently had the Staff's revised proposed amendment under consideration and that:

"Pending further Commission guidance, the Commission authorized the staff to proceed with a review of applications on the basis of the positions contained in the proposed amendment and NUREG-0718, Revision 1."

It is Applicant's understanding that the Commission authori-zation referenced by Mr. Eisenhut occurred at a meeting of the Comnission held on May 27, 1981, to discuss SECY 80-20D,

" Policy on Proceeding With Pending CP and ML Applications."

On July 15, 1981, Applicant transmitted to the Staff as Amendment 28 to the OPS Plant Design Report an Appendix.C which responded to the licensing requirements noted in NUREG-0718, Revision 1, and which satisfied the requirements of the proposed amendment to 10 C.F.R. S 50.34.

With the submission of Appendix C, all remaining health and safety matters known to the Applicant have-been addresssed.

It is Applicant's understanding that the Staff intends to publish in August, 1981, Supplement No. 4 to its Safety Evaluation Report ("SER") which will address Appli-cant's compliance with the licensing requirements noted in NUREG-0718, Rev. 1, and the proposed mmendment to S 50.34.

Moreover, it is Applicant's understanding that Supplement No. 4 to the SER will address all other health and safety matters remaining open in the proceeding. Applicant be-lieves that all environmental matters have been fully ad-dressed.

By reason of the long pendency of this manufac-turing application and the substantial delay which has oc-curred since the TMI incident, Applicant believes that the hearing process should be resumed promptly to address any I

new matters contained in the soon-to-be-issued Supplement No. 4 to the SER. Applicant therefore petitions the Board for an Order requiring any party desiring to amend or ex-pand contentions directly bearing on new matters. discussed in Supplement No. 4 to the SER to file a motion to amend or expand contentions within twenty (20) days after receipt of i

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that document or within twenty (20) days after receipt of the Board Order ruling on the instant Motion f such an Order is promulgated after Staff publication of Supplement No. 4 to the SER. Responses.or objections to any such mo-tions shall be filed within ten (10) days after receipt of such a motion.

Applicant believes that after expiration of the twenty day period noted above, the Board should schedule a pre-hearing conference to establish a schedule to conclude this proceeding.

Respectfully submitted, Z. 6 h.t.

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% . vW i u.anui . IMI Counsel f'or offshor6 Power Systems Dated: August 12, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of  :

OFFSHORE POWER SYSTEMS  : Docket No. STN 50-437 (Manufacturing License for  :

Floating Nuclear Power Plants)  :

CERTIFICATE OF SERVICE I hereby certify that copies of the " Applicant's Motion (#12) to Establish Schedule" were served upon the persons listed on Attachment 1 to this certificate of Ser-vice by deposit in the United States mail, postage prepaid, this 12th day of August, 1981.

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J n RT Kenrick C . for Offshore Power Systems l

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!' ATTACHMENT 1 OPS SERVICE LIST LShaldon J. Wolfe, Esq., Chairman- Barton Z. Cowan, Esq.

[ Atomic Safety and Licensing Board' John R. Kenrick, Esq.

lU.S. Nuclear Regulatory Commission Eckert, Seamans, Cherin & Mellott

Washington, D.C. 20555 42nd Floor, 600 Grant Street Pittsburgh, Pennsylvania 15219

[Dr. David R. Schink, Member l Atomic Safety and Licensing Board Thomas M. Daugherty, Esq.

iD:pgrtment of Oceanography Offshore Power Systems

!Taxas A & M University 8000 Arlington Expressway l College Station, Texas 77840 P. O. Box 8000 Jacksonville, Florida 32211

!Mr. Glenn O. Bright, Member

Atomic. Safety and Licensing Board Carl Valore, Jr., Esq.

U.S. Nuclear Regulatory Commission Valore, McAllister, DeBrier, Aron-&

Waghington,-D.C. 20555 Westmoreland P. O. Box 175

.Dr. David L. Hetrick, Alternate Member Northfield, New Jersey 08225

Atomic Safety and Licensing Board

Professor of Nuclear Engineering Richard M. Hluchan, Esq.

The University of Arizona State of New Jersey

Tucson, Arizona 85721 Department of Law & Public Safety 36 West State Street Alan S. Rosenthal, Esq., Chairman Trenton, New Jersey 08625

! Atomic Safety and Licensing Appeal Board Panel S. Jacob Scherr, Esq.

Natural Resources Defense Council

U.S. Nuclear Regulatory Commission lWochington, D.C. 20555 1725 I Street, N.W., Suite 600 Washington, D.C. 20006

Alternate Chairman Atomic Safety and Licensing Appeal Keith A. Onsdorff, Esq.

Board Panel Assistant Deputy Public Advocate U.S. Nuclear Regulatory Commission State of New Jersey iWashington, D.C. 20555 P.O. Box 141 Tranton, New Jersey 08601 Chief Hearing Counsel Office of the Executive Legal Director Mr. George B. Ward U.S. Nuclear Regulatory Commission Nuclear Power Plant Committee j Washington, D.C. 20555 City Hall Brigantine, New Jersey 08203 l Docketing and Service Section Offica of the Secretary Dr. Willard W. Rosenberg U.S. Nuclear Regulatory Commission Atlantic County Citizens Council on Wnchington, r . C. 20555 Environment 8 North Rumson Avenue Stephsn M. Schinki, Esq. Margate, New Jersey 08402 Offica of the Excrutive Legal Director U.S. Nuclear Regulatory Commission Mr. John H. Williamson Waehington, D.C. 20555 Atlantic County Citizens Council on Environment Dirsctor 211 Forest' Drive Division of Nuclear Reactor Regulation Linwood, New Jersey 08221 U.S. Nuclear Regulatory Commission WSchington, D.C. 20555

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