ML20064B937
| ML20064B937 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 09/18/1978 |
| From: | Steptoe P ISHAM, LINCOLN & BEALE |
| To: | |
| References | |
| NUDOCS 7810120112 | |
| Download: ML20064B937 (10) | |
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'-3 UNITED STATES OF AMERICA NUCIZAR REGULATORY COMMISSION f
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Ib THE MATTER OF
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COMMONWEALTH EDISON COMPANY
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Docket Nos. 50-237 (Dresden Station Units 2 and 3)
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50-249
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p Proposed Amendments to
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Increase Spent Fuel Storage
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Capacity (43 F.R. 30938)
)
APPLICANT'S ANSWER TO PETITION FOR LEAVE TO INTERVENE I
l Applicant, commonwealth Edison Company, by its attorneys, hereby answers the Petition for Leave to Inter-t vene in the above-captioned proceecing, which was filed by the Attorney General of the State of Illinois on September 8, 1978.
i 1.
Standing Applicant admits that the Attorney General of the State of Illinois is an appropriate party to be admitted to this proceeding and does not object to the granting of the Petition to Intervene in this respect.
Applicant denies that the storage of additional spent fuel at Dresden will be a hazard to the citizens of Illinois, that the technical information it has submitted is inadequate, and that grant-gj ing the proposed amendment would undermine developing NRC policy or national goals.
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2.
Request for Appointment of Atomic Safety and Ticensing Board Applicant requests that the same Atomic Safety and Licensing Board be established in this proceeding as that established in Docket Nos. 50-295 and 50-304, entitled COMMONWEALTH EDISON COMPANY (Zion Station Units 1 and 2)
Facility Operating License Nos. DPR-39 and DPR-40.
At the present time, the Attorney General appears to be the sole intervenor in both the Zion and Dresden proceedings. Most of the Attorney General's contentions in this proceeding are similar or identical to the contentions he has raised in the 5
Zion proceeding.
Appointment of the same Atomic Safety and Licensing Board for both matters would facilitate consolida-tion of common issues of law and fact where practicable.
Even as to those issues which are not consolidated, appoint-l ment of the same Licensing Board would help min 4=4ze sched-uling difficulties and reduce duplicative work by all parties and by the Atomic Safety and Licensing Board Panel.
t Applicant submits that the Atch:ic Safety and Licensing Board should be appointed immediately to set a schedule for prehearing activities and to determine whether a hearing will ultimately be required.
Applicant believes I
that prehearing procedures, including motions for summary I
disposition pursuant to 10 CFR S 2.749, may demonstrate that
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there are no genuine issues to be heard at a hearing.
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. 3.
Environmental Impact Statements Applicant contends that the Attorney General's request that the Commission prepara an environmental impact statement should be denied.
10 CFR S 51.5 (b) indicates that the Commission will determine on a case-by-case basis whe-ther the issuance of amendments to operating licenses require the preparation of an environmental impact statement.
The proposed amendments to the dresden operating licenses will not authorize significant changes in the amounts or types of radioactive affluents or a significant increase in
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the authorized power level.
Accordingly, Applicant's posi-tion is that the Commission need only prepara a negative declaration and environmental impact appraisal. Northern States Power / Vermont Yankee (ALAB-455, 7 NRC 41, January 1978) supports Applicant's position.
4.
Contentions Since revised S 2.714 does not contemplate that contentiens will be finalized in a petition to intervene and ss.nce the Attorney General's petition expressly pre-serves the opportunity to modify contentions, Applicant reserves its right to object to contentions.
Applicant submits that discovery and informal conferences between the parties should commence immediately to allow the develop-ment of the contentions into their final form and to mini-
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~4-dze the number of legal issues which will be presented to the Atomic Safety and Licensing Board.
At the outset, it is Applicant's position that Contentions 1, 2, 4, 5, 22 and 23 fail to state claims upon which relief can be granted.
Contentions 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 24, 25, 26 and 27 do not contain a statement l
of their basis with reasonable specificity. As such, it is f
not yet possible to determine whether they are irrelevant or legally insufficient on other grounds.
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Applicant expects discovery to clarify these mat-ters and provide a proper basis for legal argument.
Accord-j ingly, while Applicant does not believe the current conten-tions are adequate, it will cooperate in discovery with respect to all contentions without awaiting rulings from the Board.
Respectfully submitted,
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Philip P. !Q:eptoe i
One of the Attorneys I
for Applicant DATED:
September 18, 1978 ISHAM, LINCOLN & BEALE v
Michael I. Miller John W. Rowe Philip P. Steptoe Alan P. Bielawski One First National Plaza l
Suite 4200 i
Chicago, Illinois 60603 i
(312) 786-7500
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I UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION i
i IN THE MATTER OF
)
i
)
COMMONWEALTH EDISON COMPANY
)
i
)
Docket Nos. 50-237 (Dresden Station Units 2 and 3)
)
50-249
)
Proposed Amendments to
)
Increase Spent Fuel Storage
)
Capacity (43 F.R. 30938)
)
NOTICE OF APPEARANCE I
Notice is hereby given that the undersigned atter-ney herewith enters an appearance on behalf of Commonwealth Edison Company in the captioned matter.
In accordance with i
S 2.713 of the Commission's Rules of Practice, the following I
information is provided:
Name:
Michael I. Miller Address:
Isham, Lincoln & Beale
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One First National Plaza Suite 4200 i
Chicago, Illinois 60603 I
Telephone:
(312) 786-7500 Admission:
Supreme Court of Illinois l
District Court for the Dis-trict of Columbia District Court for the Northern t
District of Illinois September d, 1978 Dated:
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Michael I. M.tller, One of the Attorneys for Applicant b
l l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
IN THE MATTER OF
)
)
COMMONWEALTH EDISON COMPANY
)
)
Docket Nos. 50-237 (Dresden Station Units 2 and 3)
)
50-249
)
Proposed Amendments to
)
Increase Spent Fuel Storage
)
Capacity (43 F.R. 30938)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned atter-ney herewith enters an appearance on behalf of crwunnnwealth Edison Company in the captioned matter.
In accordance with 5 2.713 of the Commission's Rules of Practice, the following infonnation is provided:
Name:
John W. Rowe Address:
Isham, Lincoln & Beale i
One First National Plaza Suite 4200 Chicago, Illinois 60603 i
Telephone:
(312) 786-7500 Admission:
Supreme Court of Illinois Supreme Court of Wisconsin l
United States Court of Appeals for the Seventh Circuit United States District Court for the Northern District of Illinois Septemberd,1978 Dated:
,0 IWA John if Rowe, OnW of 8the Attodn. s for Applicant 1
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION r
IN THE MATTER OF
)
)
COMMONWEALTH EDISON COMPANY
)
i
)
Docket Nos. 50-237 (Dresden Station Units 2 and 3)
)
50-249
[
}
Proposed Amendments to
)
Increase Spent Fuel Storage
)
Capacity (43 F.R. 30938)
)
I NOTICE OF APPEARANCE
[
Notice is hereby given that the undcraigned attor-1 ney herewith enters an appearance on behalf of Commonwealth l
Edison Company in the captioned matter.
In actordance with i
S 2.713 of the Commission's Rules of Practica, the fallowing information is provided:
Name:
Philip P. Steptoe i
Address:
Isham, Lincoln & Beale One First National Plaza i
Suite 4200 l
Chicago, Illinois 60603 i
6 Telephone:
(312) 786-7500 Admission:
Supreme Court of Illinois Supreme Court of Virginia United States District Court for i
the Northern District of Illinois Dated:
September d, 1978 i
i t
a m
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Philip P. St toe, OHe of(the Attorneys for plicant i
l l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF
)
)
COMMONWEALTH EDISON COMPANY
)
)
Docket Nos. 50-237 (Dresden Station Units 2 and 3)
)
50-249
)
Proposed Amendments to
)
Increase Spent Fuel Storage
)
Capacity (43 F.R. 30938)
)
DESIGNATION OF PERSON UPON WHOM SERVICE SHALL BE MADE Commonwealth Edison Company, pursuant to 10 CFR SS 2.708 (e) and 2.712(b), designates the following person to be served on its behalf with copies of all papers to be filed in the above-captioned proceedings:
Philip P. Steptoe Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603
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Philip'P.Steptog,Oneofph Attorneys for Applicant i
Dated:
September $, 1978 l
ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 j
(312) 786-7500 l
l
5 UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION IN THE MATTER OF
)
[
)
COMMONWEALTH EDISON COMPANY
)
)
Docket Nos. 50-237 i
(Dresden Station Units 2 and 3)
)
50-249 i
)
Proposed Amendmsits to
)
Increase Spent Fuel Storage
)
[
Capacity (43 F.R. 30938)
)
CERTIFICATE OF SERVICE I
I hereby certify that copies of " Applicant's I
Answer to Petition for Leave to Intervene," " Notice of Appearance" of Michael I. Miller, " Notice of Appearance" of
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John W. Rowe, " Notice of Appearance" of Philip P. Steptoe, and " Designation of Person Upon Whom Service Shall be Made" in the above-captioned proceeding have been served upon the following by deposit in the United States mail, first class, f
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postage prepaid, this 18th day of September, 1978:
i Secretary of the Commission Attention:
Chief, Docketing and Service Section j
United States Nuclear Regulatory Commission j
i Washington, D.C.
20555 7
Richard J. Goddard Office of the Executive Legal Director United States Nuclear Regulatory Commission t
Washington, D.C.
20555
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. William J. Scott, Esq.
Attorney General of the State of Illinois Russell R. Eggert, Esq.
Assistant Attorney General Susan N. Sekuler, Esq.
Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601
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Philip P. Step
,'One of gef '
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Attorneys for licant ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312) 786-7500
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