ML20137X448
| ML20137X448 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 03/05/1986 |
| From: | Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| CON-#186-314 OL, NUDOCS 8603060258 | |
| Download: ML20137X448 (2) | |
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L UNITED STATES OF AMERICA NUCLEAR PEGULATORY COMMISSION QCE,.. SW, in., v er ATOMIC SAFETY AND LICENSING APPEAL BOARD [Nd,["MI-Administrative Judges:
Alan S. Rosenthal, Chairman March 5, 1986 Dr. W. Reed Johnson Howard A. Wilber 68vFD 3AR-51086
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In the Matter of
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CLEVELAND ELECTRIC ILLUMINATING )
D60ket Nos. 50-440 OL COMPANY, ET _AL.
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50-441 OL (Perry Nuclear Power Plant,
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Units 1 and 2)
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_s ORDER On January 29, 1986, the NRC staff filed its response to certain questions respecting the Commission's hydrogen control rule, which had been posed in our January 3, 1986 memorandum and order (unpublished).1 Attached to the response was the January 28, 1986 affidavit of A.llen
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Notafrancesco, a mechanical engineer employed in the Office of Nuclear Reactor Regulation.
Intervenor Ohio Citizens for Responsible Energy (OCRE) has now moved to strike'the affidavit on the ground that it contains unsolicited, extra-record opinion testimony.2 Upon NRC Staff Response to Appeal Board Questions Concerning the Hydrogen Control Rule.
Motion to Strike NRC Staff Affidavit (February 3, 1986).
8603060258 860305 DR ADOCK O 4j0 3 Sol
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conside*:ation of 'both the motion and the st:aff's answer to it,3 we grant.the motion.
In passing upon the hydrogen i
i control questions presented by the OCRE appeal, we will not l
take into account either the content of the Notafrancesco affidavit or any reference to it in the staff filing to 4
which the affidavit was appended.
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It is so ORDERED.
FOR THE APPEAL BOARD 4
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C. Jpan Shoemaker Secdtary to the l
Appeal Board i
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NRC Staff Response to OCRE Motion to Strike NRC Staff 3
8 Affidavit (February 24, 1986).
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