ML20028B723
| ML20028B723 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 12/01/1982 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8212030181 | |
| Download: ML20028B723 (4) | |
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December 1, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COP 9tISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ll l
CLEVELAND ELECTRIC ILLUMINATING l
Docket No. 50-440 OL COMPANY, ET AL.
ll 50-441 OL l
'(PerryNuclearPowerPlant, i
Units 1 and 2)
)l NRC STAFF MOTION FOR A DEADLINE FOR PARTICULAPIZATION OF ISSUE #9 BY OCRE AND FOR A COMPATIBLE DEADLINE FOR FILING MOTIONS FCP S'IMMARY DISPOSITION OF ISSUE #9 In its Memorandum and Order admitting Issue #9 to litigation in this proceeding the Licensing Board stated:
Because of the potential breadth of this contention, we will require [0hio Citizens for Responsible Ener act as lead intervenor on this contention) gy] OCRE (which shall to give increased particularity to this contention, by providing greater specificity as to the basis for believing that particular wires or other locations are potentially dangerous, prior to the time for an evidentiary hearing. The schedule of target dates for this case should include a date for particularizing this contention.
LBP, 16 NRC
, slip opinion at 6-7 (July 12,1982).
The Board's schedule of target dates for various events leading to i
commencement of a hearing established October 15, 1982 as the target date for completion of discovery [ requests] on Issue #d/ and December 1, l
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OCRE's " Motion to Extend Discovery on Issue #9," as amended on November 1st, has not yet been ruled on by the Board, but may be moot. See "0CRE Response to Applicants' Interrogatories and RequestTr Production of Documents to Intervenor Ohio Citizens for Responsible Energy (Second Set)" dated November 15th at 15.
If the documents to be inspected by OCRE were provided on November 2nd as indicated, the seven day extension requested by OCRE, even if granted, would have long since expired.
, ESIGNATED ORIGI r;
hbR N D j~~d-2/
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2-s 1982 as the target date forthe filing of motions for summary disposition I
of Issue #9, but did not establish a target date for the particularizing by OCRE of Issue #9. See Memorandum and Order (Concerning Scheduling) dated September 16, 1982 at; 2.
Because a motion for summary disposition of Issue #9 cannot
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reasonably be filed prior to particularization of the contention, the Staff requests that the Licensing Board establish a reasonable deadline for the particularizing by OCRE (in ccordance with the Board's earlier /
order quoted above) of Issue #9 and a coroAtible deadline for the subseauent filing of motions for suninary disposition of the particular-ized Issue #9.
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Respectfully. submitted,
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James M. Cutchin IV Counsel for NRC Staff Dated at Bethesda, Maryland this 1st day of Decenber,1982 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COPEISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CLEVELAND ELECTT.IC ILLUMINATING Docket No. 50-440 OL COMPANY, ET AL'.
50-441 OL
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby ce'~tify that copies of "NRC STAFF MOTION FOR A DEADLINE FOR PARTICULAR!.lATION OF ISSUE #9 BY OCRE AND FOR A COMPATIBLE DEADLINE FOR FILING MOTIONS FOR
SUMMARY
DISPOSITION OF ISSUE #9" in the above-captioned proceeding have been served on the following by deposit in the United Stater. mail, first class, or, as indicated by an asterisk, by deposit in the Nmlear Regulatory Comission's internal mail system, this 1st day of December, 1982:
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- Peter B. Bloch, Esq., Chairman Donald T. Ezzone, Esq.
l Administrative Judge Assistant Prosecuting Attorney Atomic Safety and Licensing Board 105 Main Street U.S. Nuclear Regulatory Comission Lake County Administration Center Washington, DC 20555 Painesville, Ohio 44077
- Dr. Jerry R. Kline Susan Hiatt Administrative Judge 8275 Munson Road Atnmic Safety and Licensing Board Mentor, Ohio 44060 U.S. Nuclear Regulatory Comission Washington, DC 20555 Daniel D. Wilt, Esq.
P. O. Box 08159
- Mr. Frederick J. Shon Cleveland, Ohio 44108 l,
Administrative Judge l
Atomic Safety and Licensing Board Terry Lodge, Esq.
l UsS. helear Regulatory Comission Attorney for Intervenors Washington, DC 20555 915 Spitzer Building Toledo, Ohio 43604 Jay Si? berg, Esq.
Shaw. ?ittman, Potts and Trowbridge John G. Cardinal, Esq.
1800' M Street, NW Prosecuting Attorney Washington, DC 20036 Ashtabula County Courthouse Jefferson, Ohio 44047 I
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- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Washington, DC 20555
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555
- Document Management Branch Document Control Desk Room 016, Phillips Building James M. Cutchin IV Counsel for NRC Staff l
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