ML20147G673

Reply to Aslab Ltr of 781101 Re Further Proc on Appl for Subj Facil.State of MD Has No Objection to Remand of Appl for Consideration.Notice of Appearance for M Scibinico as Representative of St of MD & Cert of Svc Encl

ML20147G673
Person / Time
Site:	05000451, 05000450
Issue date:	11/27/1978
From:	Scibinico M MARYLAND, STATE OF
To:	Mike Farrar NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 7812260286
Download: ML20147G673 (3)

Text

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otoRot A. Nitt oN JOHN B. oRlFFITH oscury arvon=ses 06 =teag RICH ARD C. RICE STATE OF MARYLAND THOM AS A. DEMING g/ OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF N ATURAL, RESOURCES W Mo HY FINAN MICH AEL J SCIBINICO. Il RO8ERT J. STYOVH AR

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$ TAWES STATE OFFICE sulLDING ANNAPOLIS. M ARYLANO 214ol $ J 13 o u 2 6 9 2 2 51 8 November 27, 1978 , g'\ 4 Michael C. Farrar Esquire- $' -

Chairman, Atomic Saf ety and 8 8 Licensing Appeal Board dk d U.S. Nuclear P.egulatory Co:=iission D .>

Washington, DC 20555 cb J\

Re: Delmarva POsor A 1.ty.ht Co.

(Summit L*nita 1 and 2)

Dochec Nos. 50-450, 50-451 1

Dear Mr. Farrar:

This is in reply to the Appeal Board's request by letter of November 1, 1978 for comments regarding the Applicant's suggestions of October 26, 1978 for further proceedings on the Summit application. The State of Maryland has no objection to a remand of the application for consideration by the Licensing Board pursuant to 10 C.F.R. 52.600 c_t, seq., early partial decisions on site suitability. In this context, we would agree that complete relitigation of all issues should be unnecessary and that, assuming concurrence from all parties, individual segments of the present Partial Initial Decision could be summarily reaffirmed. ,

In regard to the question of entrainment of striped bass, the only issue appealed by Maryland, it is clear that new information is available to modify the existing record and for this reason the State agrees that a remand without prejudice to any party is appropriate. However, we do not believe that this is equivalent to dismissal of Maryland's appeal on grounds of mootness, since striped bass entrainment remains an issue of key importance in these proceedings. We would therefore suggest that the Appeal Board simply vacate the existing decision and remand the case for consideration of new information and rebriefing before the Licensing Board..

Very truly yours, bh Michael J. Scibinico, II cc: Donald P. I.rvin, Esq.

Thomas D. Whittington, Jr., Esq.

Stephen H. Lewis, Esq.

Thomas Smith, Esq.

Mark Fir t, Esq.

. Docketing and Service Branch Edward G. Bauer, Jr. , Esq.

Secretary, Atomic Saf ety & Licensing Board 7812260A86 Ef LI __ _

7 i l

BEFORE THE UNITED STATES NUCLEAR REGUIATORY COMMISSION

'In the Matter of: ) Docket Nos. 50-450

) and 50-451 l DELMARVA POWER AND LIFFT COMPANY ) l PHILADELPHIA ELECTRIC COMPANY ) %IO/g l (Summit Power Station, Units 1 and 2) ) i s

NOTICE OF APPEARANCE 4

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3 Notice is hereby given that the undersigned attorney herewi ers L N

an appearance in the above-entitled matter. In accordance with 10 C.F. .

52.713, the following information is provided:

NAME: Michael J. Scibinico, II ADDRESS: Assistant Attorney General Department of Natural Resources Tawes State Office Building 580 Taylor Avenue, B-3 Annapolis, Maryland 21401 TELEPHONE NUMBER: (301) 269 2261 ADMISSIONS: Court of Appeals for the State of Maryland Federal District Court, District of Maryland APPEARING ON BEHALF OF: Department of Natural Resources State of Maryland Tawes State Office Building Annapolis, Maryland 21401 l' o ,.w. c Assistant Attorney General Department of Natural Resources for the State of Maryland DATED: November 27, 1978 3

. BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of: ) Docket Nos. 50-450

) and 50-451 I '-

DEIRARVA POWER AND LIGHT COMPANY ) I (b PHILADELPHIA ELECTRIC COMPANY )

(Summit Power Station, Units 1 and 2) ) o og$$  %

$ $NI CERTIFICATE OF SERVICE

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Q Donald P. Irwin, Esq. Mark L. First, Esq. A N

Hunton & Williams Deputy Attorney General 707 East Main Street State of New Jersey P.O. Box 1535 Dept. of Law & Public Safety Richmond, Virginia 23212 State House Annex Trenton, New Tersey 08625 Thomas D. Whittington, A ., Esq.

Wilson and Russell Docketing and Service Section P.O. Box 1266 Office of the Secretary 1608 Farmers Bank Building U.S. Nuclear Regulatory Comm.

Wilmington, Delaware 19899 Washington, DC 20555 Stephen H. Lewfs, Esq. Edward G. Bauer, Jr., Esq. l Office of the Executive Vice President & General Counsel Legal Director Philadelphia Electric Company

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Nuclear Regulatory Commission 1000 Chestnut Street Washington, DC 20555 Philadelphia, Pennsylvania 19105 Thomas Smith, Esq. Secretary, Atomic Safety and Deputy Attorney General Licensing Board Tacna11 Building U.S. Nuclear Regulatory Comm.

Dover, Delaware 19901 Washington, DC 20555

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Assistant Attorney General Department of Natural Resources for the State of Maryland DATED: November 27, 1978

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