ML20137J087
| ML20137J087 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 01/17/1986 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| References | |
| CON-#186-793 OL, NUDOCS 8601220235 | |
| Download: ML20137J087 (4) | |
Text
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UNITED STATES OF AMERICAH NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440{}/
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
APPLICANTS' RESPONSE TO OCRE'S OFFER OF WITHDRAWAL OF PROPOSED CONTENTIONS In its pleading dated January 6, 1986, Ohio Citizens for Responsible Energy ("OCRE") withdrew its proposed Contention B-4 and offered to withdraw proposed Contentions B-1, B-2, B-3, and B-5.
These proposed contentions, submitted by OCRE on December 12, 1985, related to Applicants' request that opera-tion of the Perry facility with one recirculation loop be per-mitted up to 70% of rated thermal power.
OCRE conditioned its offer to withdraw the four conten-tions on a stipulation by Applicants and Staff that single loop operation of Perry for periods greater than permitted under the Perry Unit 1 final draft Technical Specifications be limited to power levels not exceeding 50% of rated thermal power.
For the reasons set forth in their December 30, 1985 Answer to OCRE Motion to Reopen the Record and to Submit New B60122O235 860 440 n
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Contentions, Applicants have concluded that single loop opera-tion at power levels up to 70% has been shown to be safe and that OCRE's proposed contentions are without basis.
Applicants have unsuccessfully sought to negotiate a settlement of this and other issues with OCRE.
Absent such a settlement, Appli-cants cannot justify accepting the limitation on single loop operation proposed by OCRE as a condition of its withdrawal of proposed Contentions B-1, B-2, B-3 and B-5.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Ja
- ilb6rg, P.
C.
Counsek for Applicants 1800 M Street, N. W.
Washington, D.
C. 20036 (202) 822-1063 Dated:
January 17, 1986 t
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January 17, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing APPLICANTS' RESPONSE TO OCRE'S OFFER OF WITHDRAWAL OF PROPOSDD CONTENTIONS were served by deposit in the United States Mail, first class, postage prepaid, this 17th day of January 1986, to all those on the attached Service List.
S l
~
DATED:
January 17, 1986
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 4
In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
SERVICE LIST Alan S. Rosenthal, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Appeal Board U.
S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C.
20555 4
Dr. W. Reed Johnson Docketing and Service Section Atomic Safety and Licensing Office of the Secretary Appeal Board U. S. Nuclear Regulatory Commission U.
S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C.
20555 Mr. Howard A. Wilber Colleen Woodhead, Esquire Atomic Safety and Licensing Office of the Executive Legal Appeal Board Director U. S. Nuclear Regulatory Commission U.
S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C. 20555 James P. Gleason, Chairman Terry Lodge, Esquire 513 Gilmoure Drive Suite 105 Silver Spring, Maryland 20901 618 N. Michigan Street Toledo, Ohio 43624 Jerry R. Kline Ms. Susan L. Hiatt Atomic Safety and Licensing Board 8275 Munson Avenue U.S. Nuclear Regulatory Commission Mentor, Ohio 44060 Washington, D.C.
20555 Glenn O. Bright Donald T. Ezzone, Esquire Atomic Safety and Licensing Board Assistant Prosecuting Attorney U.S. Nuclear Regulatory Commission Lake County Administration Center Washington, D.C.
20555 105 Center Street Painesville, Ohio 44077 i
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel j
U.S. Nuclear Regulatory Commission U.
.9 Nuclear Regulatory Commission Washington, D.C.
2i,555 Washington, D.C. 20555 John G. Cardinal, Esquire Prosecuting Attorney Ashtabula County Courthouse Jefferson, Ohio 44047
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