ML20236P857
| ML20236P857 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/13/1987 |
| From: | Matt Young NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Bloch P, Johnson E, Mccollom K Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4859 OL, NUDOCS 8711190035 | |
| Download: ML20236P857 (2) | |
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o UNITED STATES
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NUCLEAR REGULATORY COMMISSION ug 5
4j WASHINGTON. o. C. 20555
'87 NW 17 P2 :05
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November 13, 1987 i
0FFICE OF SEcHe Jr,y 1
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BRANCH Peter B. Bioch, Esq., Chairman Dr. Kenneth A. McCollom Administrative Judge Administrative Judge Atomic Safety and Licensing Board 1107 West Knapp U.S. Nuclear Regulatory Commission Stillwater, OK 74075 Washington, D.C.
20555 Elizabeth B. Johnson Dr. Walter H. Jordan Administrative Judge Administrative Judge Oak Ridge National Laboratory 881 W. Outer Drive P.O. Box X, Building 3500 Oak Ridge, TN 37830 Oak Ridge, TN 37830 in the Matter of TEXAS UTILITIES ELECTRIC COMPANY, ET AL.
(Comanche Peak Steam Electric Station, Units 1 and 2)
Docket Nos. 50-445, 446-OL
Dear Administrative Judges:
This letter is to bring to the Licensing Board's attention a matter that has arisen as a result of the comments filed by the parties regarding the Board's proposed schedule.
Intervenor CASE filed its comments in the form of a letter to the Board.
Letter from Billie Pirner Garde, Attorney for CASE, to Licensing Board, dated November 9, 1987.
In footnote 2 to its letter, CASE requested that the Board direct the Staff to preserve all documents pertaining to Comanche Peak.
Id. at 3.
This request is, in fact, a motion and should be presented as such.
The Staff believes that fairness to the parties requires that requests to the Board be made in a form that clearly notifies the other parties of the substance of the request and the reasons for the request.
The vehicle contained in the Commission's rules of practice for making such requests is the filing of a motion.
See 10 C.F.R. 6 2.730.
Once a motion is filed, the other parties to the proceeding have an opportunity to take positions either in support of or in opposition to the motion.
The Staff does not believe that CASE's request falls within the ambit of a comment on the Board's proposed schedule.
Therefore, the Staff urges the 871t190035 B Q h 3 PDR ADOCK O PDR b
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Board' to refuse to consider' CASE's request unless and until CASE ' files a formal motion. with an attendant right of' reply by the other parties in the
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proceeding.
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Sincerely, Mi i A. Young I
Counsel for NRC Staff j
cc: Service List i
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