ML20034C820
| ML20034C820 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 05/09/1990 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#290-10353 OLA-2, NUDOCS 9005150113 | |
| Download: ML20034C820 (5) | |
Text
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-USNRC May 9, 1990.
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Off tCE OF SECREIARY-DOCKl.IING & Si (VICIE Before the Atomic Safety and Licensino BoardBkANCR j
In the Matter of
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l THE CLEVELAND ELECTRIC
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i ILLUMINATING COMPANY, et al..
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Docket'No. 50-440-OLA ~ 7-.
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(Parry Nuclear Power Plant,
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Unit.No. 1)~
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jj LICENSEES' ' ANSWER;TO OHIO CITIZENS!FOR RESPONSIBLE ENERGY, INC. CONTENTION-The Licensing Board's April 2, 1990 Memorandum and Order-
.l (Scheduling Filing of Contention) directed Ohio Citizens for l
l Responsible Energy, Inc. ("OCRE") to submit by April 123, 1990 the q
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-contention which it intended to litigate.
The Board stated that it wished to have OCRE's contention in hand before'it ruled j
whether OCRE had standing to request a hearing.
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On April 23, 1990, OCRE submitted its proposed contention and set forth the reasons why it. believed that the proposed con-l tention complied with the requirements of 10 C.F.R.
I 5 2.714(b)(2).
On May 1, 1990, the Licensing Board issued'its Memorandum and Order (Scheduling Responses to CCRE's Contention), requesting
'l responses by the Licensees and the Staff to OCRE's contention.
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Li'censees'are'not at-this time. setting forth their substan-tive response to OCRE's' proposed contention.
Such response would be premature.
Rather, we have interpreted the Licensing Board's-May 1-Memorandum and Order to call for the Licensees' and Staff's views on whether OCRE's proposed. contention meets the require-ments of 10 C.F.R. S 2.714.
Only if OCRE is found to have stand -
ing and if the Licensing Board agrees that the contention is admissible would the Board establish a schedule for briefs 1to be:
filed on OCRE's legal issue.
See, 10 C.F.R..S.2.714(e),
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.i Licensees agree that OCRE's proposed contention. meets the requirements of 10 C.F.R. 5 2.714(b)(2), and as indicated by i
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OCRE, raises a purely legal issue.
However, Licensees continue to believe that no contention can be admitted unless the party
-l seeking to-litigate that contention establishes that it has-the-j requisite standing.
For the reasons previously set'forth in Lic-l ensees' March 23, 1990 Answer to OCRE's Peti' tion-For Leave To Intervene and Request for Hearing, Licensees respect' fully submit a
that OCRE has failed to make that showing.
Therefore, it is I
irrelevant whether OCRE's proposed contention meets the require-l ments of 10 C.F.R. 5 2.714(b)(2).
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For the reasons _ set'forth above and-in Licensees' March 23, 1990 Answer, the Licensing Board.should deny.OCRE's Petition for Leave to Intervene and Request.for Hearing.
t Respectfully' submitted, Shaw, Pittman, Potts &.Trowbridge 2300 N Street,: N. W. -
_ Washington, D.C.
20037
- l By:
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Silberg C Wnse;l for Lice es S/154JE35430.90 i
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-In the Matter of
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THE' CLEVELAND ELECTRIC
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ILLUMINATING COMPANY,'et-al.
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Docket'No. 50-440-OLA
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(Perry. Nuclear Power Plant,
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i Unit No.- 1)
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.3 CERTIFICATE OF SERVICE
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-f I hereby certify that copies of.the foregoing Licensees' Answer to Ohio Citizens for Responsible Energy, Inc. Contention were mailed', postage prepaid, this 9th = day of May' 1990 to those listed on the attached Service List, f
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Jay"A'. llilberg CoMsel for L 5
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4 May 9, 1990_
l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
THE: CLEVELAND-ELECTRIC
)
4 ILLUMINATING COMPANY, et al.
)-
Docket No. 50-440-OLA
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k (Perry Nuclear Power Plant,
)
Unit No
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t SERVICE LIST Docketing and Service Branch Dr. Jerry R.fKline i
Secretary of the Commission Atomic Safety and Licensing O.S. Nuclear-Regulatory
-Board.
Commission U.S. Nuclear. Regulatory-Washington, D.C.
20555 Commission; Washington, D.C.
20005 John H. Frye, III, Esq.
Chairman Dr. Frederick J. Shon Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory ~
U.S. Nuclear Regulatory Commission
-Commission Washington, D.C.
20555 Washington, D.C.'20005-i l'
Chairman Ms. Susan Hiatt.
t Atomic Safety and Licensing 8275 Munson Road 7
Board Panel Mentor, Ohio '44060 U.S. Nuclear Regulatory Commission Atomic Safety,and Licensing Washington, D.C.
20555 Appeal Board
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U.S.' Nuclear Regulatory Colleen P. Woodhead, Esq.
Commission Office of-the General Counsel Washington, D.C. '20555 U.S. Nuclear Regulatory i
Commission Washington, D.C.
20555 s/154jes5430.90
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