ML20151E939

Memorandum & Order (Setting Deadline for Filing of Contentions).* Alters Deadlines in Section 2.714 (a)(3) & (B) of Order to Provide for Filing of Commonwealth Contentions & Amends to 880425 Petition

ML20151E939
Person / Time
Site:	Peach Bottom
Issue date:	04/08/1988
From:	Frye J Atomic Safety and Licensing Board Panel
To:
References
CON-#288-6054 88-569-06-OLA, OLA, NUDOCS 8804180009
Download: ML20151E939 (3)

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00CMETED U5NRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OfflCE U S E it u nf 00CKEitNG 3Ervicf.

ATOMIC SAFETY AND LICENSING BOARD BRANLH

• Before Administrative Judges John H Frye, Chairman III,ight Glenn O. Br SERVED APR 1 1 1988 Richard F. Cole In the Matter of )

) Docket Nos. 50-277-OLA Philadelphia Electric Company ) 50-278-OLA

)

(Peach Bottom Atomic Power ) ASLBP No. 88-569-06-OLA Station, Units 2 and 3) )

) April 8, 1988 MEMORANDUM AND ORDER (Setting a Deadline for the Filing of Contentions)

On April 1, 1988, the Commission entered an Order directing the appointment of a Licensing Board to consider whether a petition to intervene filed in this proceeding by the Commonwealth of Pennsylvania should be granted. On April 6, the Chief Administrative Judge, Atomic Safety and Licensing Board Panel, established this Board pursuant to the Commission's direction.

In its Order, the Commission noted that the petition raises some issues which may not be within the scopo of the proceeding and opined that "...the Commonwealth's supplement to its petition wherein its contentions and the specific bases for them are set forth (might) shed greater light on 8904180009 880408 PDR ADOCK 05000277 O PDR O

Y

4 2-whether the Commonwealth wishes to litigate any matters that

. fall within the scope of the amendments under considera-tion...". Section 2.714 (a) (3) of the Commission's regula-tions provides that a' petitioner may amend its petition at any time until 15 days prior to the first prehearing confer-ence, while sec. 2.714(b) provides that a supplement to the petition setting forth the petitioner's contentions and their bases must be filed by that time. Section 2.711(a) authorizes the presiding officer to alter those time limits for good cause.

The Board wishes to have the opportunity to study both the contentions and their bases and the responses of Phila-delphia Electric Company (PECO) and Staff before scheduling a prehearing conference. Moreover, any amendments which the Commonwealth may wish to make to its petition should be made at the time the contentions are filed. Therefore, we are -

altering. the deadlines set forth in sec. 2.714 (a) (3) and (b) to provide for the filing of the Commonwealth's contentions and any amendments which it may wish to make to its petition by April 25, 1988. PECO's and Staff's responses are to be s

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PECO is to serve the-Board with copies of its "Plan for Restart of Peach Bottom Atomic Power Station,Section I, Corporate Actio.'" promptly.

It is so ORDERED For the ATOMIC SAFETY AND LICENSING BOARD

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/O H E, III, CHAIRMAN MI ST IVE JUDGE Bethesda, Maryland April 8, 1988 l

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