ML20102C308

Memorandum in Opposition to Summary Disposition of Contention Cc.Ltrs & Other Correspondence Sent by Applicant to NRC Clarifying Changes to Emergency Plan to Be Incorporated in Future Rev Not Made Publicly Available

ML20102C308
Person / Time
Site:	Perry
Issue date:	03/02/1985
From:	Lodge T LODGE, T.J., SUNFLOWER ALLIANCE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20102C140	List: ML20102C139 ML20102C153 ML20102C163 ML20102C190 ML20102C248 ML20102C250 ML20102C252 ML20102C255 ML20102C257 ML20102C261 ML20102C269 ML20102C292 ML20102C303 ML20102C308 ML20102C311 ML20102C314 ML20102C315
References
OL, NUDOCS 8503050477
Download: ML20102C308 (2)

Text

P C g , c, o CCC4ETEC ULHC UNITED STATES OF AMERICA NUCLEAR RECULATORY COMMISSION

~

~^ r-Before the Atomic Safety and Licensing Boari g ;,,.

CCJ. tit),q [.,5 E..M.:.

.v. w. . ,

In the Matter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 and 50-441 ILLUMINATING COMPANY ) _ __ ,

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

)

SUNFLOWER'S MEMORANDUM IN OPPOSITION TO

SUMMARY

DISPOSITION OF CONTENTION CC By 10 CFR Section 2.749 (d), Applicant must show that there is no genuine issue as to any material fact and that it is entitled to a decision

., as a matter.of law. The record is to be viewed in the light most favorable to the party opposing the motion. Poller v. Columbia Broadcasting System,

)

Inc., 368 U.S. 464, 473 (1962); Pennsylvania Power & Light Co. and Allegheny Electric Cooperative, Inc. (Susquehanna Steam Electric Station, Units 1 and j 2), LBP-81-8, 13 NRC 335, 337 (1981).

i .

Applicant refers to " letters" and other correspondence having i

l been sent to the Nuclear Regulatory Commission clarifying changes to the I

PNPP plan. Applicant's " Statement of Material Facts," para. 3. To date, while ostensibly these items are purportedly to be included in a fourth revision of the PNPP plan, such has not appeared in any public fashion.

Inasmuch as the modifications must be made to the plan, it would be

.quite premature to grant summary disposition until the changes claimed 8503050477 850302 PDR ADOCK 05000440 0 PDR L ., .- . - .. . . , , - - .., .

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have been verified.

WliEREFORE, Sunflower Alliance prays the Board to deny summary disposition of Contention CC.

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Respectfully submitted.

By ' 6'A'f / 4 /

/ jTllrry J() Lodge 618 N. Michigan Street Suite 105 -

Toledo, Ohio 43624 Phone: (419) 255-7552 Counsel for Sunflower Alliance