ML20057B010

Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Environ & Resources Conservation Organization Original Loop Contention).* Advises That Contention No Longer Matl Issue.W/Certificate of Svc

ML20057B010
Person / Time
Site:	Rancho Seco
Issue date:	09/07/1993
From:	Baxter T, Schori J SACRAMENTO MUNICIPAL UTILITY DISTRICT, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20057B006	List: ML20057B005 ML20057B010
References
92-633-92-DCOM, DCOM, NUDOCS 9309170059
Download: ML20057B010 (4)

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September 7, 1993 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

i Before the Atomic Safety and Licensing Board

[

In the Matter of

)

j

)

Docket No. 50-312-DCOM SACRAMENTO MUNICIPAL UTILITY

)

DISTRICT

)

(Decommissioning Plan)

)

I (Rancho Seco Nuclear

)

ASLBP No. 92-633-92-DCOM Generating Station)

)

i LICENSEE *S STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD (ECO'S ORIGINAL LOOP CONTENTION) i Pursuant to 10 C.F.R.

S 2.749(a), the Sacramento Municipal j

Utility District submits, in support of Licer.see's Motion for l

J Summary Disposition of ECO's Original LOOP Contention, that there is no genuine issue to be heard with respect to the following material facts.

1.

On March 3, 1993, the Commission admitted ECO's contention "that there is no reference to a particularized study to allow independent verification of the conclusion that the probability of a LOOP is less than on in 20 years."

Sacramento Municipal Utility District (Rancho Seco Nuclear Generating Station),

CLI-93-3,.37 N.R.C.

135, 146 (1993).

2.

On March 18, 1993,_the District provided ECO with the bases for is conclusion regarding LOOP frequency.

See Letter from D.

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9309170059 930907 PDR ADOCK 05000312 O

PDR.

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Lewis to J. McGranery (March 18, 1993).

The District provided a i

six-page memorandum explaining how the statement on LOOP fre-quency was derived, and attached five documents relating to that determination.

Id.

1 3.

On April 1, 1993, ECO filed its proposed, amended conten-tions on LOOP issues.

ECO's Contentions on SMUD's Consideration of the Loss of Offsite Power (April 1, 1993).

ECO characterized the issues in its April 1, 1993 submittal as "its contentions i-with respect to the adequacy of [the District's) consideration of loss of offsite power.

in the above captioned proceeding."

f Id. at 1.

r 4.

Based on the facts above, ECO's original LOOP contention no longer presents a justiciable or material issue.

3 Respectfully submitted, s I/c/

Thomas A.

Baxter, P.C.

David R. Lewis Vincent J.

Colatriano SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C.

20037 (202) 663-8000 Jan Schori General Counsel SACRAMENTO MUNICIPAL UTILITY DISTRICT P.

O.

Box 15830 Sacramento, California 95813 i

(916) 732-6123 Counsel for Licensee Dated:

September 7, 1993 )

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' f*C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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b Before the Atomic Safety and Licensing Boar r-

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In the Matter of

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facket No. 50-312-DCOM" SACRAMENTO MUNICIPAL UTILITY

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DISTRIr

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(Decommissioning Plan)

)

(Rancho Seco Nuclear Generating

)

ASLBP No. 92-663-02-DCOM Station)

)

CERTIFICATE OF SERVICE

.l I hereby certify that copies of the foregoing " Licensee's Motion for Summary Disposrcion of ECO's Original LOOP Contention" and " Licensee's Statement of Material Facts as to Which There is t

i No Genuine Issue to be Heard (ECO's Original LOOP Contention),"

both dated September 7, 1993, are being served upon the persons 1

on the attached Service List by deposit in the United States t

mail, first class, postage prepaid, or where indicated by an asterisk by hand delivery, this 7th day of September, 1993.

I David R.

Lewis t

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I UNITLO STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t.;

Before the Atomic Safety and Licensing Board i

i In the Matter of

).

)

. Docket No. 50-312-DCOM f

SACRAMENTO MUNICIPAL UTILITY

)

f i

DISTRICT

)

(Decommissioning Plan)-

)

(Rancho Seco Nuclear Generating

)

ASLBP No. 92-663-02-DCOM Station)

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i SERVICE LIST

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• Administrative Judge

• 0ffice of the. Secretary Charles Bechhoefer, Esq., Chairman Attn Docketing and Service Branch Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission i

U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 f

Adjudicatory File

• Administrative Judge Atomic Safety and Licensing Board

[

l Dr. Richard F. Cole U.S. Nuclear Regulatory Commission ALomic Safety and Licensing Board Washington, D.C.

20555 r

U.S. Nuclear Regulatory Commission j

Washington, D.C.

20555 Office of Commission Appellate Adjudication

• Administrative Judge U.S.

Nuclear Regulatory Commission

[

Mr. Thomas D. Murphy Washington, D.C.

20555 j

Atomic Safety and Licensing Board

-l U.S.

Nuclear Regulatory Commission

• James P. McGranery, Jr.,

Esq.

I-Washington, D.C.

20555 1255 - 23rd Street, N.W.

suite 750 l

• Edwin J.

Reis, Esq.

Washington, D.C.

20037

[

t Office of the General Counsel U.S. Nuclear Regulatory Commission l

4 Washington, D.C.

20555 i

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Jan Schori, Esq.

1 General Counsel f

Sacramento Municipal Utility District.

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P.O. Box 15830 j

Sacramento, CA 95813

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