ML20205J260
| ML20205J260 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 01/27/1986 |
| From: | Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#186-878 OL, NUDOCS 8601300142 | |
| Download: ML20205J260 (4) | |
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Janua ry' 27,?l986 s
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UNITED STATES OF AMERICA Di ug f* /DJ:
NUCLEAR REGULATORY COMMISSION (fx P&W@" [W '
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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CLEVELAND ELECTRIC ILLUMINATING Docket No. 50-440 OL COMPANY, ET AL.
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50-441 OL (Perry Nuclear Power Plant, Units 1 and 2)
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NRC STAFF RESPONSE TO OCRE's 0FFER FOR STIPULATION AND WITHDRAWAL OF PROPOSED CONTENTIONS By motion dated December 12, 1985 the intervenor Ohio Citizens for Responsible Energy (0CRE) requested the Atomic Safety and Licensing Appeal Board (Appeal Board) to reopen the record and to admit six new contentions.
The NRC Staff- (Staff) and the Applicants responded in opposition to OCRE's motion. Subsequently, by pleading dated January 6, 1986 OCRE withdrew one proposed contention and offered to withdraw four other contentions regard-ing Applicants' pending request for authorization for single loop opera-tion at up to 70% power, provided that Applicants and Staff would stipulate that this mode of operation would be limited to 50% power. By response dated January 17, 1986 Applicants indicated ~they would not stipulate to the reduced power limit for single loop operation.
Since the Applicants do not wish to stipulate to the condition sug-gested by OCRE and have not modified their current request for authoriza-tion of single loop operation at up to 70% power, the NRC Staff is not 8601300142 96012f PDR ADOCK 05000440 PDR G
in a position to stipulate to OCRE's suggested condition. The Applicants' request for approval of single loop operation up to 70% power was properly submitted in an amendment to Applicants' operating license application and cannot be unilaterally modified by the Staff at this point.
For these reasons, the Staff will not stipulate to the. condition
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proposed by OCRE absent a stipulation and attendant change in their operating license application by Applicants.
Respectfully submitted, I
Colleen P. Woodhead Counsel for NRC Staff Dated at Bethesda, Maryland this 27th day of January,1986.
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UNITFD STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
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CLEVELAND ELECTRIC ILLUMINATING
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Docket No. 50-440 OL COMPANY, ET AL.
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50-441 OL
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(Perry Nuclear Power Plant,
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Units-1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO OCRE'S OFFER FOR STIPULATION AND WITHDRAWAL OF PROPOSED CONTENTIONS" in the above captioned proceeding have been served on the following by deposit in the United
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States mail, first class, or, as indicated by an asterisk, by deposit in-the Nuclear Regulatory Commission's internal mail system, this 27th day of
-January, 1986:
- Dr. Jerry R. Kline
- James P. Gleason, Chairman Administrative Judge Administrative Judge Atomic Safety and Licensing Board 513 Gilmoure Drive U.S. Nuclear Regulatory Commission Silver Spring, MD 20901 Washington, DC 20555
- Mr. Glenn 0. Bright Donald T. Ezzone, Esq.
Administrative Judge Assistant Prosecuting Attorney Atomic Safety and Licensing Board 105 Main Street U.S. Nuclear Regulatory Commission Lake County Administration Center Washington, DC 20555 Painesville, OH 44077 Jay Silberg, Esq.
Susan Hiatt.
Shaw, Pittman, Potts and Trowbridge-8275 Munson Road 1800 M Street, NW Mentor, OH 44060 Washington, DC 20036
- Atomic Safety and Licensing Board Terry J. Lodge, Esq.
U.S. Nuclear Regulatory Commission 618 N. Michigan Street, Suite 105 Washington,'DC 20555 Toledo, OH 43624 John G. Cardinal, Esq.
Janine Migden, Esq.
Prosecuting Attorney Ohio Office of Consumers Counsel Ashbabula County Courthouse 137 E. State Street Jefferson, OH 44047 Columbus, OH 43215 o
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- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Connission Washington, DC 20555
- Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Connission Washington, DC 20555 f
7 Colleen P. Woodhead Counsel for NRC Staff i