ML20057D135

Eco Concise Statement of Material Facts as to Which There Exists Genuine Issue to Be Heard.* Eco Original LOOP Contention Continues to Present Justifiable & Matl Issues Requiring Denial of Smud Motion.Certificate of Svc Encl

ML20057D135
Person / Time
Site:	Rancho Seco
Issue date:	09/27/1993
From:	Mcgranery J ENVIRONMENTAL COMPLIANCE ORGANIZATION (ECO), MCGRANERY, J.P., JR.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20057D103	List: ML20057D102 ML20057D135
References
92-663-02-DCOM, 92-663-2-DCOM, DCOM, NUDOCS 9310010156
Download: ML20057D135 (4)

Text

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l BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION l

Before The Atomic Safety And Licensina Board

) Docket No. 50-312-DCOM In the Matter of

)

) (Decommissioning Order)

Sacramento Municipal Utility District )

(Rancho Seco Nuclear Generating

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

)

)

ECO'S CONCISE STATEMENT OF MATERIAL FACTS AS TO WHICH THERE EXISTS A GENUINE ISSUE TO BE HEARD Pursuant to 10 C.F.R. 5 2. 749 (a) (1993 ), the Environmental and Resources Conservation Organization ("ECO")

submits in answer and opposition to the Sacramento Municipal Utility District's ("SMUD") motion for summary disposition of ECO's original LOOP contention that there are genuine issues to be heard with respect to the following issues of material fact and/or mixed issues of law and material fact:

1.

Contrary to SMUD's assertion, there can be no determination of the adequacy of SMUD's provision of the basis for its conclusion regarding the frequency of LOOP until at least after ECO has had the opportunity for discovery, and hearing with respect to that contention in the context of the amended contentions, which opportunity has not yet occured.

2.

There can be no determination whether a genuine issue of material fact remains regarding the probability of LOOP 9310010156 930927 PDR ADOCK 05000312 O

PDR.

until after ECO has had the opportunity for discovery and hearing with respect to the information furnished by SMUD in the context of the amended contentions, which opportunity has not yet occured.

3.

ECO directly disputes SMUD's assertion that any evaluation of the ECO amended contentions can be separate, much less " wholly separate", from the evaluation in the original LOOP contentions.

SMUD notion at 6-7.

These issues can only be resolved after discovery and hearing.

Based on the issnes of material fact and mixed issues l

of material fact and law ide..ified above, ECO's original LOOP contention continues to present justiciable and material issues in this proceeding requiring the denial of SMUD's motion for summary disposition.

l Respectfully submitted,

?

4 l

September 27, 1993 kN 2

McGranery,Jp/.['

J es P.

S lte 500 1255 Twenty-Third St.,

N.W.

Washington, D.C.

2"/37 (202) 857-2929 Counsel for Environmental and Resources Conservation l

Organization I,

I s: a.

l AP L BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'93 SO' 28 P4 :45

) Docket No. 5.0-312-DCOM, In the Matter of

)

.m H

) (Decommissioningiorder)

Sacramento Municipal Utility District )

(Rancho Seco Nuclear Generating

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

)

)

CERTIFICATE OF SERVICE I hereby certify that one copy of Environmental and I

Resources Conservation Organization's Petition for ECO'S ANSWER IN OPPOSITION TO SMUD'S MOTION FOR

SUMMARY

DISPOSITION OF ECO'S ORIGINAL LOOP CONTENTION and ECO'S CONCISE STATEMENT OF MATERIAL FACTS AS TO WHICH THERE EXISTS A GENUINE ISSUE TO BE HEARD are being served upon the following by first-class mail, postage prepaid on this 27th day of September, 1993:

Office of Commission Appellate Administrative Judge l

Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.

20555 U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 Administrative Judge Administrative Judge Richard F.

Cole Thomas D. Murphy 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.

20555

l

, Edwin J. Reis, Esq.

Thomas A.

Baxter, Esq.

Charles A.

Barth, Esq.

David R.

Lewis, Esq.

Office of the General Counsel Shaw, Pittman, Potts &

U.S.

Nuclear Regulatory Trowbrige Commission 2300 N Street, N.W.

Washington, D.C.

20555 Washington, D.C.

20037 l

l Office of the Secretary Attn:

Docketing and Service Branch l

U.

S. Nuclear Regulatory Commission Washington, D.C.

20555 v/

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JamfhP. McGranery, J /['

l