ML20076L534
| ML20076L534 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 07/13/1983 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8307190222 | |
| Download: ML20076L534 (3) | |
Text
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,io July 13, 983 A;ff0,
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NUCLEAR REGULATORY CO.V.NISSION Ar, w ',
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Before the Atomic Safety and.Licensine Ecard--
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,6.e C;EVELAND ELECTRIC :LLU:2:NACING
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Docket Nos. 50-440 'T w s t' CO.VPANY, E A1.
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50-441
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(Operating License)
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(Perry Nuclear Power Plant,
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Units 1 and 2)
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-....w-r OCRE RESPONSE TO APPLICANTS' IN SUPPORT OF NRC STAFF MOTION
.c FOR SUMV.ARY DISPOSITION OF ISSUE #13 Pursuant. to 10 CFR 2.749 (a), Ohio Citizens for Responsible Energy ( " OCRE " ) hereby responds to the new arguments contained in Applicants' June 27, 1983 answer in support.of the NRC Staff's motion for summary dispositiori of Issue #13.
OCRE is responding only to certain of the arguments con-yained in Applicants' answer and maintains its right to
- obtain expertise in addressing the technical aspects of Issue #13.
J.a Applicants argue that OCRE has."had some eleven months"
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y 3'r to develop-i.ts ' case on Issue #13 and to acqtl re expert witnesses and consultants because OCRE filed the contention on August 18, 1982.
This ignores the fact that Issue #13lwas not admitted until October 29,'1982.
Then, shortly thereafter, 'mplicants om neo pga-filed'a motion for ' directed certification of the Licensing 100 no Board's order admitting the contention.
The Appeal Board enO 01g did not deny thei*r motion until December 15, 1982.
OCRE did Oo 3Q not see fit to expend its limited resources on an issue which o-02g was not admitted to the proceeding, and, which was, after its admission,.placed in jeopardy by Applicants' interlocutory.
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appeal.
Applicants also claim that the problem OCRE has had in obtaining requested documents was "one of its own making"
-because OCRE did not file interrogatories until the January 31, 1983 deadline imposed by the Board.
This c'laim is absurd and irrelevant.
Lengthy delays in the receipt of requested
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documents have nothing to do with the date on which they were requested.
Furthermore, OCRE filed Freedom of Information Act requests seeking documents relating to Issue #13 on December 28,
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1982-NFOIA-83-1) and January 3, 1983 (FOIA-83-ll).
The NRC partially denied OCRE's December 28 request on February 10.
OCRE has, through appeals, been diligently seeking the dis-closure of these documents.
OCRE believes that it has pur-
_3 sued discovery diligently on Issue #'13 and that delays in obtaining information have been totally beyond its control.
OCRE further maintains, in opposition to' Applicants' arguments, that the Staff's attempted disposition of the turbine missile. issue is_ contrary to its established regulatory
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' policies.- This is further demonstrated by the fact that thelf Staff is taking~a generic' approach to this issue,-in spi e.of:
the recommendation in NUREG-0933, "Prioritization of Generic r
Safety Issues", that USI Task A-37'(turbine missiles) be dropped as a generid issue.
OCRE asserts that,unless and until the current regulat,ory guidelines contained in Regulatory.
' Guide 1.115 and th'e Standard Review Plan are supercede'd,'the -
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-Staff must abide by them.
Justice demands consistency of the. law.
Regulatory policy which;can be.. changed;at will'for!thegconvenience5of Q,; g.g z,
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the regulated is no policy at all.
Respectfully submitted, g
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Susan L. Hiatt y', :'p Q
OCRE Representative y
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CERTIFICATE OF SERVI'CE This.is to certify that the foregoing.has beeh sent to tSose 6/
the service list below.
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SERVICE LIST Peter B.
Bloch, Chairman Terry ~ Lodge, Esq.
McCormack, Pommeranz, &
Atomic Safety &: Licensing Board U.S. Nuclear Regulatory Comm.
Lodge Washington,'D.C.
20555 824 National B,ank Bldg.
Toledo, OH 43604
'Dr.
Jerry R..Kline
-Atomic -Safety & Licensing Board a'
U.S,.,-Nuclear Regulatory Commission Washington, D.C.
20555 Mr...Glenn O. Bright Atomic-Safety &: Licensing Board N..c..' M 14U,.S.sNuclear Regulatory Commission
,- y 77. M D: PWashington,"D.C; 20555 r..
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. James 5M. Cutchin., IV, Esq.
Office of the~ Executive Lega}. Director l
U.S.' Nuclear Regulatory Commission N
Washington, D.C..
20555 Jay Silberg, Esq.
Shaw, Pittman, Potts, & Trowbridge 1800 M Street, NW Washington, D.C.. 20036, 4
t Docketing & Service Branch m
.Officefofithe Secretary U.S.' Nuclear Regulatory. Commission p ^
iWashington,-D.C.
20555 s
- Atomic;Saf.ety &, Licensing Appeal Board Panel
- U.S.-Nuclear Regulatory? Commission a.2;~ Id y n,
EV 2 (Washington,'D.Ct l20555
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