ML20078Q721

Advises That Environ Coalition on Nuclear Power Failed to Submit Addl Specificity to Contentions 6,7,8,10 & 11.ASLB Ruling Rejecting Proposed Contentions Based on Previous Pleadings & Oral Argument Recommended.Svc List Encl

ML20078Q721
Person / Time
Site:	Beaver Valley
Issue date:	11/08/1983
From:	Silberg J DUQUESNE LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Eva Hill, Margulies M, Purdom P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8311140090
Download: ML20078Q721 (3)

Text

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'SHAW, PITTMAN,- PoTTs & TROWBM[

A PARTNERSHIP OF pmOFESSIONAL CORPORAT10NS 1800 M STREET. N. W..

, -f WASHINGTON, D. C. 20036 ECOpiER 12O23 822-C99 & 822-4199 0FFicE OF SECRHAi '

'c'ex Novemb.er 8, 1933 00CKETING A SE &f^'5"^*'^" ***'

BRANCH f *'^*~

TELEPMONE JAY. E. SIL OCRG. P.C.

taCan Saa-ces Morton B. Margulies, Chairman Atomic Safety and Licensing Board

-U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Administrative' Judge Ernest E. Hill 210 Montego Drive

'Danville,' California 94526 Administrative Judge Paul W. Purdom 235 Columbia Drive Decatur, Georgia 30030 Re:

Duquesne-Light Company, et al. (Beaver Valley-Unit 2) Docket-No. 50-412 OL

' Gentlemen:

M At the Special Prehearing Conference held on October 12, 1983, L

the Licensing Board granted Environmental Coalition on Nuclear l

Power's request for additional time to add specificity to ECNP's i

proposed: contentions 6, 7,

8, 10 and 11.

Tr. 134, 140.

Based on the t'wo week time period suggested by ECNP, Tr. 136, the Board set October 26 as the-date for-ECNP's submittal.

Tr. 144.

ECNP's

representative stated that if she could not meet that schedule, "then I certainly would have been given an opportunity to and'it i

l

,would be my failing."

Tr. 136.

l-b Applicants have not received the promised submittal frcm ECNP.

Nor has ECNP requested'a.further extension of time.

At this point -- some.two. weeks after the deadline -- ECNP must be considered to have waived the additional opportunity afforded by

.the: Licensing Board.

It would therefore appear to be ' appropriate

that the Board now rule on ECNP's proposed contentions based on the pleadings previously submitted and the oral argument during

.the.Special-Prehearing Conference.

For the reasons which Applicants B311140090 831108 i

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L SHAW, PITTMAN, PoTTs & TROWBRIDGE A PARTNEW5wap Or enOFEssaONat ComeORATIONS Administrative Judges

. November 8, 1983 Page Two

'have previously set forth, we believe that all of ECNF's proposed contentions, including those.which.it had been given the opportu-nity to supplement, fail to meet the Commission's requirements.

All of these contentions should be rejected and ECNP's petition for intervention denied.

Very truly yours, f

(/'

SILBERG n

1 for Applicants cc:

Service List JES: lam I

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CURRENT: 11/08/83

• ..s UNITED STATES.0F AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY'AND LICENSING BOARD In the Matter of

)

)

DUQUESNE LIGHT COMPANY, _ET _AL.

)

Docke.t No. 50-412 OL

)

(Beaver Valley Power Station

)

Unit 2)

)

l SERVICE LIST Morton B. Margulies, Chairman Susan L.

Hiatt Atomic Safety and Licensing Board 8275 Munson Road U.S. Nuclear Regulatory Commission Mentor, Ohic 44060 Washington, D.C.

20555 Judith Johnsrud Administrative Judge Ernest E.

Hill 433 Orlando Avenue 210 Montego Drive State College, PA 16801 l

Danville, California 94526 Zori G.

Ferkin, Esquire l

Administrative Judge Paul W. Purdom Governor's Energy Council Post Office Box 8010 l

235 Columbia Drive Decatur, Georgia 30030 Harrisburg, PA 17102 Director, Pennsylvania Emergency Robert Perlis, Esquire Management Agency Office of the Executive B-151, Transportation and Legal Director Safety Building U.S. Nuclear Regulatory Commission Harrisburg, Pennsylvania 17120 Washington, D.C.

20555 i

Thomas Gerusky, Director Atomic Safety and Licensing Board Bureau of Radiation Protection Panel Department of Environmental l

U.S. Nuclear Regulatory Commission Resources l

Washington, D.C.

20555 Fifth Floor, Fulton Bank Bldg.

Third and Locust Streets l

Atomic Safety and Licensing Appeal Harrisburg, Pennsylvania 17120 Board Panel U.S. Nuclear Regulatory Commission Ralph F. Walker 1518 Fifth Street Washington, D.C.

20555 New Brighton, Pennsylvania 15066 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.

2055'

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