ML20012E759
| ML20012E759 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/02/1990 |
| From: | Frye J Atomic Safety and Licensing Board Panel |
| To: | OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| References | |
| CON-#290-10185 90-605-02-OLA, 90-605-2-OLA, OLA-2, NUDOCS 9004060254 | |
| Download: ML20012E759 (3) | |
Text
{{#Wiki_filter:. 'i~e.;d-{bh. 'y '{' I ,o' 'd. POLKCiED + UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD' Before Administrative Judges OFFICE 0r SECRE1ARY John H Frye, III, Chairman 00CK[] N LHVICI. Dr. Jerry R. Kline Frederick J. Shon . SWED APR 03199 In.the Matter of Docket No. 50-440-OLA*2 The Cleveland Electric Illuminating Company, et al ASLBP No. 90-605-02-OLA (Perry Nuclear. Power Plant, Unit No. 1) April 2, 1990 MEMORANDUM AND ORDER (Scheduling Filing of contention) On'Docember 19, 1989, Cleveland Electric Illuminating Company (CEI), acting on behalf of itself and the other co-j owners of Unit 1 of the Perry Nuclear Plant (Perry), filed a 1 request for an amendment to the Perry technical specifications-with the Nuclear Regulatory Commission. The Commission published notice of this request in the Federal Register and provided an opportunity for interested persons to request a hearing.1 On March 8, 1990, Ohio Citizens for Responsible Energy (OCRE) did so, asserting that it wished to raise an issue of law to the effect that the amendment request violates S 189a L of the Atomic Energy Act. OCRE represents that it will file ISee 55 Fed. Reg. 4282, February 7, 1990.
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i /,.. i ' o: - ~ u 14 1 E i L -a-contention to this effect 15 days prior to the first 1 prehearing conference. On March 23 and 28, CEI and Staff filed answers opposing OCRE's hearing request on the ground that OCRE has not demonstrated that it will be injured by the' grant of the license amendment and thus. lacks standing. l Before we address the issue raised by CEI and Staff,"We wish to have OCRE's contention in hand. However, because OCRE does not intend to raise any factual issues, it may not be necessary to hold a prehearing conference which would trigger the deadline for the filing of that contention. Consequently, pursuant to 10 CFR S 2.711, we are setting April 23, 1990, as the deadline for the filing of OCRE's contention. When it files its contention, OCRE should also respond to the arguments contained in CEI's and Staff's answers to its hearing request. Once we have OCRE's contention and response, we will consider whether any .1 further briefing or argument is necessary. It is so ORDERED. For the Atomic Safety and Licensing Board L J HF III, Chairman A MI ST VE JUDGE Bethesda, Maryland April 2, 1990 l i l
, ;-. i; UNITED STATES OF AMERICA NUCLEAR RESULATORY COMMISSION l -' in the Matter of I I THE CLEVELAND ELECTRIC ILLUMINATING l Docket No.(s) 50-440-OLA-2 l ~ (Perry Nuclear Power Plant. Unit il i COMPANY, ET AL. I l I I CERTIFICATE OF SERVICE 11 1 I hereby certif y that copies of the f oregoing LB MhD (SCHEDULING...) 4/2/90 l' have been served upon the f ollowing persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of to CFR Sec. 2.712. Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington. DC' 20555 Washington, DC 20555 Administrative Judge Administrative Judge John H. Frye, !!!, Chairman Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington. DC 20555 Administrative Judge _ Colleen Woodhead,1Escuire Frederick J. Shen Office of the General Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Jay E. Silberg Susan Hiatt Shaw, Pittman, Potts & Trowbridge Ohio Citizens for Responsible Energy 2300 N Street, N.W. 9275 Munson Road Washington, DC 20037 Mentor, OH 44060 L l L l l Dated at Rockville, Md. this g 3 day of April 1990 g Officolo%&.% W................. l-f the Secretary of the Commission l}}