ML20247A654

Philadelphia Electric Co consented-to Motion to Stay Responses to Commonwealth of PA Proposed Contentions.* Requests That ASLB Stay Util Obligation to Respond to Commonwealth of PA 880824 Contentions.W/Certificate of Svc

ML20247A654
Person / Time
Site:	Peach Bottom
Issue date:	03/24/1989
From:	Irwin D HUNTON & WILLIAMS, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#189-8359 88-569-06-OLA, 88-569-6-OLA, OLA, NUDOCS 8903290164
Download: ML20247A654 (5)

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'b UNITED STATES OF AMERICA Nh$[Ur NUCLEAR REGULATORY COMMISSION

'89 wa 27 P4 :03 Before the Atomic Safety and Licensina Board c,. r i -

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In the Matter of )

PHILADELPHIA ELECTRIC COMPANY ) Nos. 50-277 & 50-278 '~b #

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

Units 2 and 3) )

PHILADELPHIA ELECTRIC COMPANY'S CONSENTED-TO MOTION TO STAY RESPQESES TO PENNSYLVANIA'S PROPOSED CONTENTIONS For the past several months, Philadelphia Electric Company's deadline for filing its response to the August 24, 1988 proposed contentions of the Commonwealth of Pennsylvania has been extended by a series of Orders of this Board, issued in response to consented-to motions of the parties. The purpose of those exten-sions was to enable PE and the Commonwealth to attempt to negoti- l ate mutually acceptable resolutions of the Commonwealth's conten-tions. PE's response, unless again extended, is currently due on March 24, 1989.

On February 21, 1989, in its most recent request for an extension of its reply deadline, PE notified the Board that it had reached written agreement with Pennsylvania on all pertinent issues, and would provide the agreement to the NRC Regulatory Staff for its review. As was reported in a subsequent letter from PE on March 7, 1989, that agreement has been formally executed by PE and the Commonwealth and forwarded for review to 8903290164 890324 PDR ADOCK 05000E77 C PDR j0

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the Staff, which is contemplated to h6ve a role in its implemen-tation.- The Staff is presently reviewing it. As noted on March-7, it is not known exactly when the Staff's review will be com-  !

I plete, or whether comments from the Staff will necessitate any.

revisions to the agreement.1/

In view of these basic developments in this proceeding, PE believes, and the other parties concur, that it would be appro-priate to modify the current structure by which filing deadlines are tolled and the Board is kept informed. Specifically, the parties desire to continue to keep the' Board informed on a regu-lar basis of progress, but do not believe that the pressure inherent in requests for periodic extensions of a filing deadline is needed as long as a negotiated resolution appears to be the i most likely outcome. . Accordingly, PE moves that:  !

1. The Board stay, pending further order, PE's obligation to respond to the Commonwealth's proposed contentions of August ,

24, 1998; and

2. .The Board order the parties to report promptly the occurrence of any developments material to resolution of this matter, and in any event to report on its current status on-the i first business day of each month beginning with the month of May 1989, until it is either resolved or brought on for hearing.

1/ A more specific estimate cannot be obtained at present because  !

counsel for the Staff is unavoidably out of town at a prehearing conference in another Commission proceeding this week, and coun-sel for the region is on annual leave and not expected to return for another week.

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PE is authorized to state that the NRC Staff and the Common-l wealth of Pennsylvania have no objection to the relief sought by i this motion. 1

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Respectfully submitted, 7-n i

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/ 'G George C.-Freeman, Jr.

Donald P. Irwin Counsel'for Philadelphia Electric Company Hunton &' Williams 707 East Main Street P.O. Box 1535

' Richmond, Virginia 23212 Df Counsel: l William T. Coleman, Jr., Esq.

John H. Beisner, Esq.

O'Melveny & Myers 555 13th Street, N.W.

Washington, D.C. 20004 Eugene J. Bradley, Esq.

Philadelphia Electric Company 2301 Market Street Philadelphia, PA 19101 DATED:' March 24, 1989 i

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CERTIFICATE OF SERVICE 89 MAR 27 ' P4 :03 11 In the Matter of-PHILADELPHIA ELECTRIC COMPANY or g 9 ,, ,. , i (Peach Bottom Atomic Power Station,-: Units 2 andOO7 h i,t M ,Q,j~.

Docket Nos. 50-277-OLA and 50-278-OLA fir 4Di i

'I hereby certify that copies ofLPHILADELPHIA ELECTRIC l

COMPANY'S CONSENTED-TO MOTION TO TOLL-RESPONSES TO PENNSYLVANIA'S PROPOSED: CONTENTIONS'were served this date upon the follow ng by -

i Telecopy as indicated by an asterisk, by Federal Express'as-indicated.by two asterisks, or by first-class mail, postage prepaid.

John'H. Frye, III, Chairman

• Secretary.of the Commission Atomic Safety and Licensing Attention Docketing and Board Service Section U.S. Nuclear Regulatory. U.S. Nuclear Regulatory l Commission Commission East-West Towers '1717 H Street, N.W.

4350 East-West Highway Washington, D.C. 20555 Bethesda,'MD 20814 Atomic Sa'fety and Licensing Glenn O. Bright *- Appeal Board: Panel Atomic Safety and Licensing U.S._ Nuclear. Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission East-West Towers Adjudicatory File 4350' East-West Highway- Atomic Safety and Licensing Bethesda, MD 20814 Board Panel Docket U.S. Nuclear Regulatory g Richard F. Cole

• Commission i Atomic Safety and Licensing Washington, D.C. 20555 Board U.S. Nuclear Regulatory Morey M. Myers, Esq.**.

Commission General Counsel East-West Towers- Commonwealth of Pennsylvania 4350 East-West Highway Office of General Counsel Bethesda, MD 20814 P.O. Box 11775 Harrisburg, PA 17108 l

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U: Richard P. Mather,.Esq.**. i

Assistant Counsell Commonwealth-of. Pennsylvania.  ;

Departmentsof-Environmental' Resources;

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P.O.. Box 2357-l Harrisburg, PA-17120 Ann P. Hodgdon, Esqs**-

U.S~xNuclear Regulatory.

Commission 1

' Office of the General Counsel One White; Flint North 11555'Rockville Pike Rockville) .lMD. 20814 JayiGutierrez,-Esq.**

. Regional. Counsel U.S;: Nuclear Regulatory Commission

. Region.I_:

475-Allendale Road ,

King.of Prussia, PA- 19406:

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Donald P..Irwin

'Hunton &'-Williams (

707 Ea7t Main Street P.O.~ Box'1535

-Richmond,Evirginia 23212-I DATED: -March 24, 1989 l:

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