ML20234D062
| ML20234D062 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 06/17/1987 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#387-3911 2.206, OL, NUDOCS 8707070087 | |
| Download: ML20234D062 (4) | |
Text
A
((9 June 17, 1987
'87 J' ! 30 A *r '9 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- k. ('l In the Matter of The Cleveland Electric
)
Illuminating Company, et. al.
)
Docket Nos. 50-440
,20 (Perry Nuclear Power Plant,
)
50-441 Units 1 and 2)
)
LICENSEES' RESPONSE TO SUNFLOWER ALLIANCE'S MOTION TO REOPEN THE RECORD AND TO SUBMIT A NEW CONTENTION In a document dated June 5, 1987, Sunflower Alliance, Inc.
(" Sunflower") filed a motion to reopen the record of the opera-ting license proceeding for Perry Nuclear Power Plant Unit 1 and to submit a new contention.
The motion was based upon a May 30, 1987 newspaper article relating to a General Electric document known as the " Reed Report."
Sunflower's motion must be denied since the operating license proceeding has long since been completed.
The final decisions by the Appeal Board were issued in July and August 1986.
ALAB-841, 24 N.R.C.
64, reconsideration denied, ALAB-844, 24 N.R.C. 216 (1986).
The decisions became final agency action on September 29, 1986 upon expiration of the time for the Commission to review the Appeal Board decisions.
See Memorandum from Samuel J. Chilk to Board and Parties (Docket Nos.
50-440/441-OL), dated September 30, 1986.
As stated on November 1
(
6, 1986, by the Commission:
E87188R Bl8%o W>'b G
The formal adjudicatory proceeding regarding whether the Perry nuclear facility should receive an operating license has now been concluded.
CLI-86-22, 24 N.R.C.
685 (1986).
The operating license for Unit 1 was issued on November 13, 1986 and objections to the issuance of.that license were denied by the courts.
State of Ohio v. NRC, 814 F.2d 258 (6th Cir. 1987).
On November 7, 1986, Sunflower filed a motion to reopen the record on other issues, or alternatively to issue an order to show cause pursuant to 10 C.F.R. 52.206.
The Commission deter-mined'that the matter should be considered pursuant to 10 C.F.R. 52.206.
See 52 Fed. Reg. 6410 (1987).
Since Sunflower (together with Toledo Coalition for Safe Energy, Steven Sass and Susan B. Carter) has filed a petition pursuant to 10 C.F.R.
j 52.206 which raises the same issues as its June 5 Motion to l
Reopen, the appropriate course of action is to deny the Motion and deal with the issues raised by Sunflower pursuant to 10 j
\\
C.F.R. 52.206.
1 Respectfully submitted, j
SHAW, PITTMAN, POTTS & TROWBRIDGE b
By
'U)
LCtc K. Si'lberg udsel'for the Lihensees
~)
2300 N Street, N.W.
Washington, D.C.
20037 (202) 663-8000 I
Dated:
June 17, 1987 l
i b
June 17, 1987 UNITED STATES OF AMERICA 87 JU': 30 AS :29 NUCLEAR REGULATORY COMMISSION i, C L -
In the Matter of The Cleveland Electric
)
Illuminating Company, et. al.
)
Docket Nos. 50-440 (Perry Nuclear Power Plant,
)
50-441 Units 1 and 2)
)
I CERTIFICATE OF SERVICE I hereby certify that true copies of the foregoing LICENSEES' RESPONSE TO SUNFLOWER ALLIANCE'S MOTION TO REOPEN THE RECORD AND TO SUBMIT A NEW CONTENTION were mailed, first class, postage prepaid to the attached service list, this 17th day of June, 1987.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE O
}
Q Byf
/w
/
' / ray E.
Silberg
/
'(
ounsel for the Licensees 230 N Street, N.W.
Washington, D.C.
20037 (202) 663-8000
(
June 17, 1987 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of The Cleveland Electric
)
Illuminating Company, et. al.
)
Docket Nos. 50-440 (Perry Nuclear Power Plant,
)
50-441 Units 1 and 2)
)
SERVICE LIST Terry Jonathan Lodge, Esquire 618 North Michigan Street Suite 201 Toledo, Ohio 43624 Coleen Woodhead, Esquire U.S. Nuclear Regulatory Commission Washington, D.C.
20555 William C.
Parler, Esquire U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i