ML20134L579

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Licensee Statement of Matls Facts as to Which No Genuine Dispute.* Submits Listed Concise Statement of Matl Facts
ML20134L579
Person / Time
Site: Oyster Creek
Issue date: 11/15/1996
From: Doris Lewis
GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
Shared Package
ML20134L571 List:
References
96-717-02-OLA, 96-717-2-OLA, OLA, NUDOCS 9611210089
Download: ML20134L579 (2)


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00CKETED November Qy48b UNITED STATES OF AMERICA

'96 NOV 19 P3 :30 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDFFICE Cr sEC0F TAR DOCKETiliG a ELWICE l

BRAHV In the Matter of

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Docket No. 50-219-OLA GPU NUCLEAR CORPORATION

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(Tech. Spec. 5.3.1.8)

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(Oyster Creek Nuclear Generating Station)

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ASLBP No. 96-717-02-OLA LICENSEE'S STATEMENT OF MATERIALS FACTS AS TO WHICH THERE IS NO GENUINE DISPUTE Pursuant to 10 C.F.R. @ 2.749(a), GPU Nuclear Corporation ("GPUN" or " Licensee")

submits the following concise statement of material facts as to which Licensee contends there is j

no genuine issue to be heard.

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1. NUREG-0612 provided only recommendations of actions that should be taken to assure safe handling of heavy loads. NUREG-0612, by itself, did not establish requirements on licensees.
2. NUREG-0612 Interim Protection recommendation (1), that licensees im-plement a technical specification comparable to Oyster Creek Technical Specification 5.3.1.B. was not adopted by the Nuclear Regulatory Com-mission ("NRC") in the December 22,1980 generic letter that imple-mented selected recommendations of NUREG-0612.
3. The Standard Technical Specification for Boiling Water Reactors referred to in Interim Protection recommendation (1) in NUREG-0612 applies spe-cifically to spent fuel assemblies in spent fuel storage racks.

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4. Oyster Creek Nuclear Generating Station (" Oyster Creek") Technical Specification 5.3.1.B was adopted in 1977 in an Oyster Creek license i

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amendment that increased the storage capacity of the spent fuel storage fa-cility by replacing existing storage racks with new storage racks.

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5. Technical Specification 5.3.1.B has always applied specifically to stored spent fuel in the spent fuel storage facility.

Respectfully submitted, i

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Ernest L. Blake, Jr.

David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.

Washington, D.C. 20037-1128 (202) 663-8084 Counsel for Licensee Dated: November 15,1996

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