ML20062E024

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Appls Response to NRC Staff Motion to Extend Time for Summary Disposition.Requests Extension of Deadline for Submission of Motions Until 15 Days After Issue of SE & Eia, Because Their Issue Was Delayed.Cert of Svc
ML20062E024
Person / Time
Site: La Crosse File:Dairyland Power Cooperative icon.png
Issue date: 11/21/1978
From: Hiestand O
DAIRYLAND POWER COOPERATIVE
To:
References
NUDOCS 7812010354
Download: ML20062E024 (4)


Text

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nagtra. Pus 11/21/78 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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Docket No. 50-409

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Amendment to DAIRYLAND POWER COOPERATIVE

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Provisional Operating

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License No. DPR-45 (La Crosse Boiling Water Reactor)

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(Spent Fuel Pool)

APPLICANT'S RESPONSE TO NRC STAFF MOTION TO EXTEND TIME FOR

SUMMARY

DISPOSITION Pursuant to 10 CFR S 2.730(c), Dairyland Power Cooperative (Dairyland), the applicant for an amendment to Provisional Operatinb License No. DPR-45 in the above-cap-tioned proceeding, hereby submits its response in support of the NRC Staff's Motion To Extend Time For Summary Dis-position, dated November 17, 1978.

In this motion, the Staff pointed out that the existing deadline for the submission of summary disposition motions was based upon the assumption that the Staff's Safety l

Evaluation (SE) and Environmental Impact Appraisal (EIA) would be issued in mid-November 1978.

Since it now appears that the SE and EIA will not be completed until January 1979, the Staff requested that the deadline for the submission of summary disposition motions in this proceeding be extended i

until January 31, 1979.

l 7812010 SE'f

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-2 While Dairyland does not concede that it would be inappropriate in every instance for the parties to submit, and the Board to rule upon, summary disposition motions con-cerning matters which are addressed in the SE or EIA until the SE and/or EIA are issued, Dairyland believes that the Staff has shown good cause for the extension of the time for the submission of summary disposition motions.

Accordingly, Dairyland supports the NRC Staff motion in principle.

However, since the Staff request is based upon the relationship between the deadline for summary disposition motions and the SE and EIA issuance date (Cf. Duke Power Co.

(McGuire 1 and 2), LBP-77-20, 5 NRC 680, 681 (1977)), Dairyland respectfully requests that the Board extend the deadline for the submission of such motions until 15 days after the issuance date of the SE and EIA.

Respectfully submitted, e

hL0.S.Hiestand Attorney for Dairyland Power Cooperative OF COUNSEL Kevin P. Gallen Morgan, Lewis & Bockius 1800 M Street, N.W.

Washington, D.C.

20036 Dated:

November 21, 1978 g

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter,of

)

Docket No. 50-409

)

Amendment to DAIRYLAND POWER COOPERATIVE

)

Provisional Operating

)

License No. DPR-45 (La Crosse Boiling Water Reactor)

)

CERTIFICATE OF SERVICE Service has on this day been effected by personal delivery or first class mail on the following persons:

Charles Bechhoefer, Esq., Chrm.

Docketing & Service Section Atomic Safety and Licensing Office of the Secretary Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.

20555 Washington, D.C.

20555 Atomic Safety and Licensing Mr. Ralph S. Decker Board Panel Route 4 U.S. Nuclear Regulatory Box 190D Coc=ission Cambridge, Maryland 21613 Washington, D.C.

20555 Dr. George C. Anderson Atomic Safety and Licensing Department of Oceanography

- Appeal Board University of Washington U.S. Nuclear Regulatory Seattle, Washington 98195 Commission Washington, D.C.

20555

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-2 Colleen Woodhead, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Richard J. Goddard, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Comm'csion Washington, D.C.

20555 Richard Shinshak Plant Superintendent Dairyland Power Cooperative La Crosse Boiling Water Reactor Genoa, Wisconsin 54632 Fritz Schubert, Esquire Staff Attorney Dairyland Power Cooperative 2615 East Avenue, South La Crosse, Wisconsin 54601 Coulee Region Energy Coalition P. O. Box 1583 La Crosse, Wisconsin 54601 hhLs I

fhL0.S.Hiestand Dated:

November 21, 1978