ML20133E814
| ML20133E814 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/04/1985 |
| From: | Bright G, Gleason J, Kline J Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#485-695 81-457-04-OL, 81-457-4-OL, OL, NUDOCS 8510100028 | |
| Download: ML20133E814 (2) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COPNISSION DOCKETED USNRC ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
85 0CT -7 A10 :33 James P. Gleason, Chairman Dr. Jerry R. Kline OFF!cE or Sec,niAn r Mr. Glenn 0. Bright 00CHETING & SERvlCf.
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SERVED OCT -71985 In the Matter of
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Docket Nos. 50-440-0L l
50-441-0L CLEVELAND ELECTRIC ILLUMINATING COMPANY, g a_1.
ASLBP No. 81-457-04 OL (Perry Nuclear Power Plant,
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Units 1 & 2)
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October 4. 1985
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MEMORANDUM AND ORDER (Motion for Clarification of Initial Decision)
The Cleveland Electric Illuaninating Company, et al. (Applicants) have filed a motion, supported in part by the Staff, requesting the Board to clarify its Concluding Partial Initial Decision issued on September 3, 1985.
The Applicants allege that two of seven Board-imposed conditions required to be met prior to the issuing of operating licenses, if intended to apply to fuel load and low-power testing, are in conflict with NRC rules.1 10 C.F.R. 9 50.47(d) specifies that no NRC or FEMA review findings, or determination concerning offsite emergency preparedness or the adequacy of and capability to implement such plans are required prior to issuance of an operating license for fuel loading and/or testing up to 5 percent of rated power.
I Applicants acknowledge that a third condition (number 4) has been recognized by the Board's decision as having been met. See Applicants' Motion, fn.1.
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. The issue before the Board for decision was Applicants' application for a full-power (not low-power) operating license. Accordingly, any requirements imposed by the Board must be understood as conditioning that license alone. See Kansas Gas & Electric Company (Wolf Creek Generating Station, Unit 1), LBP-84-27, 20 NRC 125, 126 (1984).
The Applicants also request the Board to clarify its Finding 55 to reflect its testimony that emergency kits are only scheduled to be in place for each reception center prior to fuel load. Although Applicants' testimony is not ambiguous in this area (see response to first cross-examination question, Tr. 3056), the Board states herein that Applicants' responsibility is to make certain such kits are available prior to the issuance of a license for operation above 5%
power and that the kits will be maintained for each reception center at fire department facilities.
THE ATOMIC SAFETY AND LICENSING B0A
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W mes P. Gleason, Chairman DMINISTRATIVE JUDGE f~N.
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{frryR.Klline m)MINISTRATIVE JUDGE Bethesda, Maryland L