ML20040F363

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Order Permitting All Parties to Comment on NRC 820128 Affidavits Re Seismic Matters by 820305.Replies to New Facts or Arguments to Be Filed by 820322
ML20040F363
Person / Time
Site: La Crosse File:Dairyland Power Cooperative icon.png
Issue date: 02/05/1982
From: Bechhoefer C
Atomic Safety and Licensing Board Panel
To:
DAIRYLAND POWER COOPERATIVE
References
ISSUANCES-FTOL, ISSUANCES-OL, NUDOCS 8202090119
Download: ML20040F363 (3)


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UNITED STATES OF AMERICA

  1. I NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

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Before Administrative Judges:

Charles Bechhoefer, Chairman Dr. George C. Anderson Ralph S. Decker SERVED FEB 5 1982

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Docket No. 50-409 FTOL" In the Matter of-

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Docket No. 50-409 SC DIARYLAND POWER COOPERATIVE

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Prov. Op. Lic. DPR-45

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(La Crosse Boiling Water Reactor,

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Full-Term Operating License

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and Show Cause

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February 5, 1982

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ORDER (Establishing Dates,for Responses to Applicant's Motion for Summary Disposition and Comments on NRC Staff's Seismic Affidavits)

On February 2,1982, Dairyland Power Cooperative, the Applicant in the full-term operating license proceeding, filed a motion for summary disposition of all environmental contentions. Responses are to be filed by March 5,1982.

If any response supports the Applicant's motion, the opposing party may reply to new facts and arguments presented'by no later than March 22, 1982.

We note that the NRC Staff has previously filed a motion for summary disposition of all environmental contentions and that the period for responding to that motion (including an amendment thereto) has long since 0}

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82020901'19 820205 PDR ADOCK 05000409 0

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, elapsed. We previously ruled that we would await the filing of the Applicant's motion before ruling on the Staff's motion. See Memorandum (Concerning Telephone Conference Call), dated November 13, 1981.

Certain portions of the Applicant's current motion appear to rely on the same facts as were relied on by the Staff. To the extent that responses (if any) to the Applicant's motion may have a bearing on the substance of-the Staff's motion, we will consider them in that context. We emphasize, however, that we will not entertain responses to any elements of the Staff's motion which are not also encompassed by the Applicant's motion.

On January 28, 1982, the NRC Staff filed affidavits concerning I

certain seismic matters, as described in our November 13, 1981 Memorandum. The substance of these affidavits, if accepted by us, would resolve the question which we earlier raised concerning the size of the Safe Shutdown Earthquake and its relationship to the possibility of liquefaction at the La Crosse site.

See LBP-80-26, 12 NRC 367, 376-379; ALAB-618,12 NRC 551 (1980). All parties may respond to or comment upon these affidavits on the same schedule as provided for responding to the Applicant's motion (i.e_., by March 5, 1982).

Replies to new facts or arguments presented by the responses or comments may be filed no later than March 22, 1982.

(The Staff is invited to file such a reply if it wishes to do so.)

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, i IT IS SO ORDERED.

FOR THE ATOMIC-SAFETY AND LICENSING BOARD

AnArs, e

e CharlesBEchhoefer,Chairmag ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland, this 5th day of February,1982.

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