ML20070M057

Comments on Wi Environ Decade Statement of Inadequate Record.Statement Is Inconsistent W/Commission Regulations, Erroneous in Statement of Law,Untimely,Devoid of New Factual Info & Should Not Be Considered.Certificate of Svc Encl

ML20070M057
Person / Time
Site:	Point Beach
Issue date:	01/07/1983
From:	Ridgway D SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:
References
ISSUANCES-OLA, NUDOCS 8301120247
Download: ML20070M057 (5)

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[c January 7, 19 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION (! f t: _

IiGChly;,,;7 C% ;;,;< y BR C IICE Before the Atomic Safety and Licensing Board In the Matter of )

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WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266-OLA-

) 50-301-OLA (Point Beach Nuclear Plant, )

Units 1 and 2) )

LICENSEE'S COMMENTS ON DECADE'S

" STATEMENT OF INADEQUATE RECORD" Decade has elected not to file proposed findings of fact and conclusions of law in this proceeding. Instead, Decade has filed a document entitled " Statement of Inadequate Record," in which, at page 1, it states that the filing is "in lieu of proposed findings of fact."

The Commission's Rules of Practice have no provisions for either the filing of, or the response to, such a document.

Decade appears to be taking issue with the Licensing Board's Optober 1, 1982, " Memorandum and Order (Concerning Summary Disposition Issues)." If so, Decade's complaint is woefully out of time. That prehearing Order defined the issue to be litigated in this proceeding and specifically addressed the matters which Decade is now asserting should have been considered at the evidentiary hearing, which was concluded on November 18, 1982.

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Further, Decade's. global characterization of the Licensing Board's duties'is considerably overstated. The Board's responsibility is to receive evidence and rule only on the matters'which have-been determined to be at issue in the proceeding. In this proceeding, the single matter in controversy was determined and defined by the Board in its October 1 Memorandum and Order following full! discovery and an extensive summary disposition proceeding.

Because Decade's filing is inconsistent with Commission regulations, erroneous in its statement of the law, untimely in the extreme from a practical point of view, and devoid of new factual information, it ought not be considered by the Licensing Board in its deliberations for the Initial Decision.* /

• / Although not captioned as a motion to reopen the record, Decade's filing ends with the admonition that the Licensing Board must do so. Decade has failed to comply with applicable requirements for requesting a reopening, not the least of which is the existence of new factual information. See, e.g.,

Vermont Yankee Nuclear Power Corp., ALAB-138, 6 A.E.C. 520, 523-24 (1973), in which the Appeal Board held that a motion to reopen the record must be strong enough to avoid summary disposition. The matters raised by Decade's filing have' previously been considered and ruled upon by the Licensing Board in a summary disposition context.

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Counsel for' Licensee has contacted Staff counsel and.

has been authorized to state that the Staff concurs in these

- Comments.-

Respectfully submitted,:

SHAW, PITTMAN, POTTS & TROWBRIDGE By /N NL. _ *MA

" Mruce W. ChurchiQ)1 (

Delissa A. Ridgway Counsel for Licensee 1800 M Street,'N. W.

Washington, D. C. 20036 (202) 822-1000 Dated: January 7, 1983 1

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January 7, 1983

' UNITED-STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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WISCONSIN ELECTRIC POWER COMPANY ) Docket-Nos. 50-266-OLA

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-) 50-301-OLA (Point Beach Nuclear Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of " Licensee's Comments On Decade's ' Statement of Inadequate Record'" were served, by deposit in the U.S. Mail, first class, postage prepaid, to all those on the attached Service List, this 7th day of January, 1983.

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Dated: January 7, 1983

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.T UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic-Safety and' Licensing Board In the Matter of )

)

WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuc' lear Plant, ) (OL Amendment)

Units 1 and 2) )

SERVICE LIST

' Peter B. Bloch, Chairman 'Stuart A. Treby, Esq.

Atomic Safety and Licensing Office of the Executive Board Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissi@

Wasington, D.C. 20555 Washington, D.C. 20555 Dr. Hugh C. Paxton Richard G. Bachmann, Esq.

1229 - 41st Street Office of the Executive Los Alamos, New Mexico 87544 Legal Director U.S. Nuclear Regulatory Commissi@

Dr. Jerry R. Kline Wasington, D.C. 20555 Atomic Safety and Licensing Board Kathleen M. Falk, Esq.

U.S. Nuclear Regulatory Commission Wisconsin's Environmental Decade Washington, D.C. 20555 114 North Carroll Street Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 Board Panel U.S. Nuclear Regulatory Commission Francis X. Davis, Esq.

Washington, D.C. 20555 Monroeville Nuclear Center Westinghouse Electric Corporatic?

Atomic Safety and Licensing P. O. Box 355 Appeal Board Panel Pittsburgh, PA 15230 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Barton Z. Cowan, Esq.

John R. Kenrick, Esq.

Docketing and Service Section Eckert, Seamans, Cherin & Mellott Office of the Secretary Forty-Second Floor U.S. Nuclear Regulatory Commissien 600 Grant Street Washington, D.C. 20555 Pittsburgh, PA 15219

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