ML20154K872

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Petitioner Notice of Filing.* Natl Whistleblower Ctr Files First Supplemental Set of Contentions in Matter of Bg&E.With Certificate of Svc
ML20154K872
Person / Time
Site: Calvert Cliffs  Constellation icon.png
Issue date: 10/13/1998
From: Kohn S
AFFILIATION NOT ASSIGNED, NATIONAL WHISTLEBLOWER CENTER
To:
References
CON-#498-19638 98-749-01-LR, 98-749-1-LR, LR, NUDOCS 9810190052
Download: ML20154K872 (4)


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@(} @ {,[)998 USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING bog 0CT 15 A9 :27

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In the Matter of ) Docket Nos. 50-317gj ,

777

) 50-318-LR l BALTIMORE GAS ) (License Renewal)

& ELECTRIC CO., et al, )

) ASLBP No. 98-749-01-LR (Calvert Cliffs Unit I c id )

Unit 2) )

) I PETITIONER'S NOTICE OF FILING Petitioner, the National Whistleblower Center (Center), by and through counsel, hereby files its first supplemental set of contentions in the above-captioned proceeding:1' CONTENTION 1 CONTENTION 1: As a matter oflaw and fact, Baltimore Gas & Electric i

Company's (BGE) license renewal application to operate Calvert Cliffs Nuclear Power Plant (CNPP) Unit I and Unit 2 is incomplete and must be withdrawn and/or summarily dismissed.

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l'As a matter oflaw and controlling regulations, the Center has until fifteen days prior to the first prehearing conference to file supplemental contentions and a supplemental petition to intervene. The Center may file supplements to its Petition to Intervene without leave of the Board.10 C.F.R. 2.7M and 63 Federal Register 36,966 (July 8,1998). As a matter oflaw, this Board must apply thcse binding regulations. Union Electric Co. v. FERC,890 F.2d 1193,1199 (D.C. Cir.1989). Tne filing of these two contentions is without prejudice to the Center's right to file additional supplemental contentions on or prior to the 15* day before the first prehearing conference. Additionally, this supplemental filing is filed without prejudice to Petitioner's October 1,1998 Motion to Vacate.

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l~ BASIS: The Basis for this contention are set forth in each of the Requests for AdditionalInformation filed by the NRC Staff to BGE or which will be filed by the NRC Staff. At the present time, the requests for which the Center is aware were filed with l

l the Board as Exhibit I to Petitioner's October 1,1998 Motion to Vacate and as Exhibits 1-18 of Petitioner's October 7,1998 l Notice of Filing. In addition, Petitioner's counsel had a conversation with counsel for the NRC Staff and understands that additional requests for information exist.

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CONTENTION 2 l

CONTENTION 2: As a matter oflaw and fact, Baltimore Gas & Electric Company's (BGE) license renewal application to operate Calvert Cliffs Nuclear Power Plant (CNPP) Unit I and Unit 2 falls to meet the aging and other tafety-related requirements mandated by law and/or NRC regulations and must be denied.

BASIS: The Basis for this contention are set forth in each of the Requests for AdditionalInformation filed by the NRC Staff to BGE or which will be filed by the NRC Staff. At the present time, the requests for which the Center is aware were filed with the Board as Exhibit 1 to Petitioner's October 1,1998 Motion to Vacate and as Exhibits 1-18 of Petitioner's October 7,1998 l 4- .

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t Notice of Filing. In addition, Petitioner's counsel had a conversation with counsel for the NRC Staff and understands j that additional requests for information exist.

Respec lly submitted,

( i Stephen M. Kohn 3233 P Street, N.W.

Washington, D.C. 20007 (202)342-2177 Attomeys for Petitioner National Whistleblower Center  !

October 13,1998 CERTIFICATE OF SERVICE I hereby cenify that the foregoing document was served :his October 13,1998 on the following persons by faxF and First Class mail:

Robert Weisman l Marian Zobler i Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

  • G. Paul Bollwerk,III, Chairman Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001  ;

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l FThe National Whistleblower Center is in the process of preparing all of the prior filings into , i a format for electronic mailing. Once this process is complete, the Center electronically file the l prior documents and all new documents.

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  • - Dr. Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission  !

Washington, D.C. 20555-0001 Thomas D. Mmphy i Atomic Safety and Licensing Board l U.S. Nuclear Regulatory Commission l

Washington, D.C. 20555-0001 l

  • David Lewis Shaw, Pittman, Potts & Trowbridge  !

2300 N Street, N.W, 3'd Floor Washington, D.C. 20037  !

l Office of the Secretary (2 copies)

Attn: Rulemakings and Adjudications Staff i U.S. NRC Washington, D.C. 20555 Office of Conunission Appellate Adj cation I U.S. Nuclear Regulatory Commissi

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Washington, D.C. 20555 ,

Stephen M. Kohn 353\noticel.wpd 1

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