ML20059M652
| ML20059M652 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 09/27/1990 |
| From: | Frye J, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| To: | CLEVELAND ELECTRIC ILLUMINATING CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC), OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| References | |
| CON-#490-10859 90-605-02-OLA, 90-605-2-OLA, OLA-2, NUDOCS 9010050143 | |
| Download: ML20059M652 (4) | |
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J NUCLEAR REGULATORY COMMISSION at::
._o ATOMIC. SAFETY AND LICENSING BOARD-OrriCE OF SECREIARY ~
f 00CMiiNG 1, S[dVICE
.Before Administrative-Judges BRANCH John H Frye,'III,-Chairman-Dr. Jerry R. Kline 8ERVE0 SEP 2 71J90 i
Frederick J.
Shon
..t In the Matter of 2
w, Docket No. 50-440-OLA-2 The Cleveland Electric
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Illuminating' Company, et al ASLBP No. 90-605-02-OLA 1
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Unit No. 1)
September 27, 1990 asp:
MEMORANDUM AND ORDER (Dispensing with Prefiled Testimony)-
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'On. September 26, 1990, counsel for-CEI~ telephoned the
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Board to request an indefinite delay in the hearing now set
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to begin' October _30.
Counsel = represented that the other
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ic1' parties-were in agreement to the: delay, that the. parties had-g
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been in contact and had arrived at a possible stipulation e.
pl that might establish the facts of the case and hence make a a
. hearing unnecessary, and that substantial effort would'be f,
saved _if preparations for the hearing could be avoided.-
wy Counsel further stated that OCRE had propounded a
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series of questions to CEI, questions which could probably 1
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stipulation within another week.
Thus a settlement might.
well be attainable.
- i. bout'the time the filing of testimony:
't is now due.
The Board is reluctant to delay the hearing indefinitely.
We have decided to allow the part'ies to i
dispense with the preparation of prefiled testimony, but L
retain the hearing dates presently scheww. led.
Thus if a
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settlement is reached, no resources'tawd be expended'in preparing prefiled testimony, and if no. settlement is reached direct testimony on any remaining differences concerning the facts can be presented 'it the hearing.
If the parties still wish a delay at some time after the middle of October (when:prefiled testimony would have been due) l they may so move at that time.
The hearing. dates will remain as specified in our order.
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of August 29;:the requirement for prefiled testimony will be-dispensed with, i
I IT IS SO ORDERED Atomi afety and Licensing Board n // /
3dste ih, Fred'arick J.[ShoM ADMINISTRATWE JUDGE
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- r. JerrylR. Kline
.DMINISTRATIVE JUDGE.
fohti 8 Fr:fe, III, Chairman ADMNISTFpTIVE JUDGE Bethesda,, Maryland
-September 27,.1990 L
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Icounsel for CEI was informed of this decision by l;
telephone on September 26.
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". g UNITED STATES OFLAMERICA l
"4 NUCLEAR RESULATORY, COMMISSION Inithe Matter of l'
IL T--J THE CLEVELAND ELECTRIC ILLUMINATING I
Docket No.(s) 50-440-OLA-2 COMPANY, ET AL.
I (Perry-Nuclear Power. Plant, Unit 1)-
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I CERTIFICATE OF SERVICE g
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I hereby certify that copies of the foregoing LB MhD (DISPENSIN8 WITH...)
have been served upon the following persons by U.S. sail, first class,'except
.i as otherwise noted and'in accordance with the requirements of 10 CFR Sec. 2.712.
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l Atomic Safety'and Licensing Appeal Administrative Judge l
Board John H. Frye, !!!, Chairman U.S. Nuclear Regulatory Commission Atomic-Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Consission Washington, DC :,10555
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Administrative Judge Administrative' Judge i
Jerry R. Kline Frederick J. Shon Atomic Safety and' Licensing Board Atomic' Safety and Licensing Board i
U.S. Nuclear Regulatory Consission U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington,-DC -20555 l
Colleen-Woodhead, Esquire Jay E. Silberg J
Office of the General Counsel Shani, Pittaan, Potts 6 Trowbridge l
U.S. Nuclear Regulatory Commission 2300 N Street, N.W..
Washington, DC 20555 Washington, DC 20037 Susan Histt Carol
.0'Claire Ohio Citizens for Responsible Energy Technical Hazards Branch i
8275 Munson Road Ohio Energency Management Agency Mentor, OH 44060 2825 West Granville Road-Columbus, OH -43235
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Dated at Rockville, Md. this 27 day of September 1990
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Offic ~ of the Socratary of the Consission 1
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