ML20129A638

Order Allowing Applicant to File & Serve Response to NRC 850529 Assertion Re Storage of Spent Fuel Generated at Another Facility Constituting Use of Commercial Utilization Facility No Later than 850607.Served on 850604

ML20129A638
Person / Time
Site:	Catawba
Issue date:	06/03/1985
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	DUKE POWER CO.
References
CON-#285-269 OL, NUDOCS 8506040688
Download: ML20129A638 (2)

Text

pS UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD OhgCTf Administrative Judges:

Alan S. Rosenthal, Chaigman 15 JUN-: A0:21 June 3, 1.85 Thomas S. Moore Howard A. Wilber CE SEC It :

hKET GA '

BRANCH I

In the Matter of ) SERVED JUN -41985

)

DUKE POWER COMPANY, ET AL.

- ~ - -

) Docket Nos. 50-413 OL

) 50-414 OL (Catawba Nuclear Station, )

Units 1 and 2) )

)

ORDER In its May 29, 1985 filing,1 the NRC staff asserts (at

p. 5) that'the storage of spent fuel generated at another facility constitutes a "use" of a commercial utilization facility and, for that reason, the authorization thereof is subject to the notice requirements contained in the Atomic Energy Act of 1954, as amended. The applicants may, if they so desire, file and serve a response to that assertion no later than June 7, 1985.2 NRC Staff Views on Whether Notice of the Proposal to Use Catawba to Store Oconee and McGuire Fuel was Required or Discretionary.

2 The response must be confined to the assertion in question;-i.e., it may not extend to any other arguments contained in the staff's May 29, 1985 submission.

Q) l 85060406008506h,13 Di< ADOCK 050 p

r' F

f<:i.

2 It is so-ORDERED.

FOR'THE APPEAL BOARD O.O M . b-C.- Q n Shoemaker Secretary to the Appeal Board i

e t

t d

l-i

\

3 The terms of this order have been provided to counsel for the applicants by telephone.