ML20010H803
| ML20010H803 | |
| Person / Time | |
|---|---|
| Site: | 07001308, 07200001 |
| Issue date: | 09/22/1981 |
| From: | Van Vranken J ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109290307 | |
| Download: ML20010H803 (3) | |
Text
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DATED: Septembnr 22, 1981 O' I f % N y
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UNITED STATES OF AMERICA 7
4 NUCLEAR REGULATORY COMMISSION
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fg/g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD \\
'N_,,4' In the Matter of
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GENERAL ELECTRIC COMPANY,
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Docket No. 70-1308
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Consideration of Renewal of
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72-1 Materials License No. SNM-1265
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e Issued to G.E. Morris Operation
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g,g Fuel Storage Installation
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p SEP2 51981
- 3 RESPONSE TO GENERAL ELECTRIC'S
$ CIC;e rf tS hent ty M
STATEMENT OF MATERIAL FACTS WIZ /* StrVIC' Barah y
03 Illinois's response to General Electric's Stateme will consist of three parts.
The first is a motion to strike-l unsupported facts, the second is a response to ones which purport to be properly supported, and the third is Illinois' statement of material facts.
I.
Motion to Strike (a)
Illinois moves to strike the following " Material Facts" as not being properly supported as required by 10 CFR S2.749:
1, 2,
3, 4,
5, 6,
7, 8,
9, 10, 11, 13, 14, 15, ~ 16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 35, 37, 38, 40, 41, 42, 43, 44,.45, 47, 48, 57, 58, 62, 63, 67, 68, and 70.
Not one of these " Material Facts" even purports to be supported by proper evidence.
As such they cannot be the basis of a Motion for Summary Disposition.
Cleveland Electric Illuminating Co.
(Perry Nuclear Power Plant, Units 1 and 2) ALAB-443, 6 NRC 741 po3 s
l 4DDI 0109290307 810922 3 L' Y N Y
PDR ADOCK 07001308 '
C PDR
(1977) and the cases cited therein.
(b)
Illinois moves to strike the following " Material Facts" as not being completely supported by proper evidence as required by 10 CFR S2.749: 12, 20, 50, 51, 52, 53, 54, 56, 64 and 65.
(c)
Illinois moves to strike " Material Facts" 59, 60 and 61 on the ground that they are premature (see Illinois Response 4
in Opposition to Motion for Summary Judgment, at Contention 7).
(d)
Illinois moves to strike " Material Facts" 34 on the ground that it is not a fact but a conclusion of law.
II.
Response to Remaining " Material Facts" 19.
No response 32.
No response 36.
No response 39.
No response 46.
No response 49.
See response to Motion for Summary Disposition on Contention 4 (c).
55.
No response 66.
No rerconse 69.
No response 71.
No response 73.
No response 74.
No response
f III.
Illinois's Statement of Material Facts Each of the " Material Facts" set out in Part I,
- supra, must be stricken.
Therefore each one of them_is.still in issue.
Because Illinois is only required to respond to what the moving party has properly raised Illinois. will only respond to the " Material Facts" set out in Part II, supra.
(The only one Illinois disputes is No. 49.)
1.
Morris could be abandoned because of an accident at Dresden. (Minor af fidavit).
Respectfully submitted, TYRd..E C.
FAHNER Attorney General State of Illinois
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BY:
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dOHN VAN VRANKEN Assistant Attorney General Environmental Control Division 188 W.
Randolph Street Suite 2312 Chicago, Illinois 60601 (312) 793-2491 1
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