ML20010E441
| ML20010E441 | |
| Person / Time | |
|---|---|
| Site: | 07001308, 07200001 |
| Issue date: | 09/02/1981 |
| From: | Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109040132 | |
| Download: ML20010E441 (3) | |
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6 09/02/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GENERAL ELECTRIC COMPANY
)
Docket Nos. 70-1308 & 72-1
)
(Renewal of SNM-1265)
(GE Morris Operation Spent Fuel
)
Storage Facility)
)
MOTION FOR DISMISSAL OF PART OF CONTENTION 2 At the prehearing conference on August 14, 1981, the Atomic Safety and Licensing Board (hereafter "the Board") dismissed Contentions 1(b) part (v) through part (ix) and 6,1/ (Tr.186) since, as the Board noted in its prehear-ing conference order,2_/ all the parties agreed that these contentions should be dismissed.
The Staff has now discovered that the first part of, Contention 2, alleging that "The Physical Security Plan does not meet the requirements of 10 CFR Part 73," was also proposed solely by Rorem, et al. The remaining l
Intervenor, the State of Illinois, has disavowed this part of Contention 2, l
stating, in response to Interrogatory 9 of General Electric's first set II These contentions were derived from contentions proposed solely by Rorem, et al., who have been dismissed as parties to this proceeding.
2/ See "Prehearing Conference Order Dismissing Certain Contentions And Setting Dates For Filing Motions For Summary Disposition," August 21, 1981. Although the first sentence of the Board's order refers to Contentions 1(b) part (v) through (ix) and 6, the second sentence does not refer to Contention 6.
The Board may wish to clarify its or:er l
by inserting "and 6" after the number "(IX)" on the last line of the j
first paragraph.
h 8109040132 s10902 D
PDR ADOCK 07001 g
of interrogatories to Illinois,2/ tha t:
" Illinois objects on the ground that this particular issue was not raised by it and it has no knowledge as to what other parties mean by it."
Since Illinois does not intend to pursue this part of Contention 2, the Staff believes that this part of Contention 2 should be dismissed, as were Conten-tions 1(b) part (v) through (ix) and 6.
Counsel for Illinois and counsel for General Electric have authorized Staff counsel to represent that they agree with Staff counsel that this part of Contention 2 should be dismissed. The Staff therefore urges that the Board, based on the agreement of all the parties, dismiss this part of Contention 2 by striking the first sentenceofthatcontention.O Respectfully submitted,
/h c
- w. Ultuan 0$cic:lalc/
Marjorie Ulman Rothschild Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of September,1981 l
2/ ee " General Electric's Interrogatories Propounded to The Intervcnor, S
State of Illinois," July 15, 1980, Interrogatory 9, which states as follows:
" State with particularity the manner in which the Physical l
Security Plan does not meet the requirements of 10 CFR l
Part 73, as alleged in Contention 2."
O ontention 2 would then state as follows:
C "The CSAR does not provide an adequate assessment of l
credible risks of sabotage related events inasmuch that the advances in the technology of explosives, which could make sabotage a more probable event, have not been adequately addressed."
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pIh N
l UdITED STATES OF AtiERICA
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NUCLtAR REGULATORY C0itMISSION
{t BEFORE TiiE ATOMIC SAFETY AND LICEHSING BOARD 2
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T (3
In the Hatter of
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GENERAL ELECTRIC C0iiPANY
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Docket No. 70-1
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(Renewal of Sd!1-l (GE l' orris Operation Spent Fuel
)
Storage Facility)
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CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION FOR DISMISSAL 0F PART OF CONTENTION 2" 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 September, 1981:
Andrew C. Goodhope, Esq., Chairman Edward Firestone, Esq.
Adainistrative Judge Legal Operation Atouic Sofety and Licensing Board General Electric Company 3320 Estelle Terrace 175 Curtner Avenue Wheaton, MD 20906 Mail Code 822 Dr. Linda W. Little Adininistrative Judge Atomic Safety and Licensing Board 6000 Heraitage Drive Panel
- Raleigh, NC 27612 U.S. Nuclear Regulatory Comission Washington, DC 20555 Dr. Forrest J. Remick Atouic Safety and Licensing Board Atomic Safety and Licensing Appeal Adainistrative Judge Panel *
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305 East Hamilton Avenue U.S. Nuclear Regulatory Commission State College, PA 16801 Washington, DC 20555 John Van Vranken, Esq.
Docketing and Service Section (1)*
Office of the Attorney General Office of the Secretary 188 West Randloph Street U.S. Nuclear Regulatory Comission Suite 2315 Washington, DC' 20555 Chicago, IL 60bO1 Matthew A. Rooney, Esq.
Dennis A. Mcriahon, Esq.
Mayer, Brown & Platt 231 South LaSalle Street Chicago, IL 60604 S07 9
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l thaya iLW ilcMad Marjor)e Ulman Rothschild Counsel for NRC Staff 95 0
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