ML20059B176

Order.* Informs That for Each Contention,Petitioners Shall Comply Fully W/Requirements of 10CFR2.714(b)(2)(i),(ii) & (III) & Their Filing Should Address Requirements Set Forth in Regulations.W/Certificate of Svc.Served on 931019

ML20059B176
Person / Time
Site:	Perry
Issue date:	10/18/1993
From:	Cole R, Kelber C, Moore T Atomic Safety and Licensing Board Panel
To:	CLEVELAND ELECTRIC ILLUMINATING CO.
References
CON-#493-14387 93-683-02-OLA-3, 93-683-2-OLA-3, OLA-3-R, NUDOCS 9310280063
Download: ML20059B176 (4)

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,, UNITED STATES OF AMERICA , . g y .,,

NUCLEAR REGULATORY COMMISSION ';fg'(

ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Thomas S. Moore, Chairman :b.V -

Dr. Richard F. Cole "*'"'

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Dr. Charles H. Kelber

,'8ERVED 0CT 191993 In the Matter of Docket No. 50-440-OLA-3-R THE CLEVELAND ELECTRIC ASLBP No. 93-683-02-OLA-3-R ILLUMINATING COMPANY, g_t al. _

(Perry Nuclear Power Plant, October 18, 1993 Unit 1)

ORDER In CLI-93-21, 38 NRC (slip opin. Sept. 30, 1993),

the Commission reversed our denial of the petitioners' intervention petition overturning our ruling in LBP-92-4, 35 NRC 114 (1992) that the petitioners lacked standing to intervene. Pursuant to 10 C.F.R. S 2.714 (b) (1) , the petitioners now are entitled to file a supplemental petition containing the contentions they seek to raise in this operating license amendment proceeding. Although their initial petition indicated that petitioners wished to raise as a contention the single legal issue that they included with their allegations of interest in the proceeding, future misunderstandings may be avoided by the petitioners filing a 9310280063 931018 PDR ADOCK 05000440 C PDR 0p L.r__

i supplemental petition containing only their contentions.

Therefore, the petitioners shall file, by November 15, 1993, a supplemental petition setting forth their contentions in accordance with 10 C.F.R. S 2.714 (b) (1) .

For each contention, the petitioners shall comply fully with the requirements of 10 C.F.R. $ 2.714 (b) (2) (i) , (ii) and (iii, and their filing should address those requirements in the same order as they are set forth in the regulations. In other words, the petitioners

• supplemental petition should not lump together the matters required to be addressed in section 2.714 (b) (2) as they did in their initial petition.

Further, in their supplemental petition, the petitioners should ensure that for each of their contentions they set forth any and all factual predicates and any and all subsidiary legal issues because any proffered amendments to-their supplemental petition must meet the requirements of section 2.714 (a) (1) .

The NRC staff and the licensees shall file an answer to the petitioners' supplemental petition by December 13, 1993.

Thereafter, we will revisit the question whether a prehearing conference is necessary.

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i, It is so ORDERED. j THE ATOMIC SAFETY AND' i, LICENSING BOARD j 1

/ N AA i Th6nia s ' S . Ho6re, Chaiirman - -l ADMINISTRATIVE JUDGE  :

.CL i, Dr. Richard F. Cole ADMINISTRATIVE JUDGE  ;

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iDr. 'Chafrfds 'N. Kelber --:

ADMINISTRATIVE JUDGE '

i Bethesda, Maryland i October 18, 1993 *

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UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION In the Matter of THE CLEVELAND ELECTRIC ILLUMINATING Docket No.(s) 50-440-0LA-3 COMPANY, ET AL. ,

(Perry Nuclear Power Plant, Unit 1)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER RE CLI-93-21 -- 10/18 >

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appellate Administrative Judge Adjudication Thomas H. Moore, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Charles N. Kelber L Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission ,

Washington, DC 20555 Washington, DC 20555 Colleen P. Woodhead, Esq. Jay E. Silberg, Esq. .

Office of the General Counsel Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commission 2300 N Street, N.W.

Washington, DC 20555 Washington, DC 20037 Susan L. Hiatt Petitioner Prc Se and Ohio Citizens for Responsible Energy 0275 Munson Road >

hentor, OH 44060 ,

Dated at Rockville, Md. this 19 day of October 1993 -

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Office of the Secretary of the Commission

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