ML20028B907

Response in Support of NRC 821109 Motion for Summary Disposition of Issue 5.Discovery on Issue Incomplete.Request for Site Tour Withdrawn.Certificate of Svc Encl.Related Correspondence

ML20028B907
Person / Time
Site:	Perry
Issue date:	12/03/1982
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8212070199
Download: ML20028B907 (2)

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, 00jg;TE0 December 9, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 82 OEC-6 Nid8 Before the Atomic Safety and Licensine Board

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In the Matter of ) } fjU -

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CLEVELAND ELICTRIC, ILLUMINATING ) Docket Nos. 50-440 COMPANY, Et Al. ) 50-441

- ) (Operat'ing License)

(Perry Nuclear Power Plant, )

Units 1 and 2) ) e

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OCdE RESPONSE TO NRC STAFF'S MOTION FOR

SUMMARY

DISPOSITION OF ISSUE NO. 5' On November 9,1982 the NRC Staff moved the Licensing Board for summary disposition of Issue #5, pursuant to 10 CFR 2.749. To demonstrate the absence of a genuine issue of material fact concerning Issue #5, the Staff attached to its motion the affidavit 'of Nicholas.E. Floravante. Ohio Citizens for Responsible Energy ("0CRI'E),f lead interv'enor for Issue ?#5, s : , ,

does not oppose the Staff's motio,n-for summary disposition.

/

OCRE would pointr'out, however, that discovery is not yet completed on Issuei#5. On July 19, 1982 OCRE requested, pur-suant to 10 CFR 2.74$, the opportunity to inspect certain N ,

structures and components' in the Perry plant (e.g. , the. scram dis enarge volume ) . Because tne date suggested in the request was inconvenient to applicants, it was agreed to defer the inspection until such time that all parties are in the' vicinity of PNPP. (See transcript of August 13, 1982 conference call at 748-749.) In the interest of avoiding unnecessary delay in deciding this issue, OCRE hereby withdraws tne July 19 discovery request. Nevertheless, OCRE does believe that a site tour by the Board and parties would be beneficial and urges the Board to 8212070199 821203 gDRADOCK05000 { Q]

n- n ign consider same. "Nl: -

Re spe c t f'ull t.b 4tted, 8 DEC - $1;:

-, Susan L,. Riatyg.. -

OCR'20Rapreserttative 8275 MunEcECRd. ._

Mentor, OH 44060 (216) 255-3158 CE.NTIFICATE OF SERVICE .

This is to certify that copies of the foregoing OCRE RESPONSE TO NRC STAFF'S MOTION FOR

SUMMARY

DISPOSITION OF ISSUE #5 we,re served by de osit in the U.S. Mail, first class, postage prepaid, this . day of December, 1982 to those on the service list below.

I susan L. Hiatt SERVICE LIST Peter B. Bloch, Chairman Atomic Safety & Licensing Atomic Safety & Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Comm'n. U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Dr. Jerry R. Kline Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm'n Daniel D. Wilt., Esq.

Washington, D.C. 20555 P.O. Box.D8159 Clev' eland,,OH 44108 Frederick J. Shon Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Docketing & Service Section Office of the Secretary U .S. Nuclear Regulatory Comm'n Washington, D.C. 20555 James M. Cutchin, IV Esq.

Office of the Executi,ve Legal Director U.S. Nuclear Regulatory Comm'n Jay Silberg, Esq.

1800 M Street, N.W.

Washington, D.C. 20036