ML20247A886

Memorandum & Order.* Stays Util Obligation to Respond to Contentions,Per Ongoing Settlement Discussions Between Util & Commonwealth of Pa.Monthly Status Rept Requested.W/ Certificate of Svc.Served on 890327

ML20247A886
Person / Time
Site:	Peach Bottom
Issue date:	03/27/1989
From:	Frye J Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC, PENNSYLVANIA, COMMONWEALTH OF
References
CON-#189-8355 88-569-06-OLA, 88-569-6-OLA, OLA, NUDOCS 8903290221
Download: ML20247A886 (4)

Text

. , <

]

w l j

! xe-y,a .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'89 mR 27 Pi2 31 '

ATOMIC SAFET:1 AND LICENSING BOARD Art I Before Administrative Judgee Decin * . vi )

John H Frye, III, Chairman "W Glenn O. Bright j Richard F. Cole -

SERVED MAR 2 71989 l

l In the Matter of )

) Docket Nos. 50-277-OCA Phi'ladelphia Electric Company ) 50-278-OLA l

)

(Peach Bottom Atomic Power' ) ASLBP No. 88-569-06-OLA l Station, Units 2 and 3) ) 3 i

)

March 27, 1989 l

MEMORANDUM AND ORDER On December 23, 1987, the Commission published a notico (52 i Fsd. Rec. 18593) which, among other things, noted that the Commission was considering the application of the Philadelphia Electric Company (PECo) for an amendment to its operating license and provided an opportunity for a hearing. PECo$s application was a part of its corrective actions taken in response to a March 21, i l

1 1987, Order which had shut down the facility principally because of the inattentiveness of control room personnel.

In an April. 1, l 1988, Order the Commission noted that the only petition to intervene filed in response to the December notico, that of the Commonwealth of Pennsylvania, raised some issues which j might not be within the scope of the proceeding and opined that l

" ...the Commonwealth's supplement to its petition wherein its I contentions and the specific bases for them are set forth (might) j 1

l l

G403290221 090327 d

%j)

PbR ADDCK 05030277 I 0 PDR $$

Sg o '

3. ; t

(  ?

, 2 shed greater light on whether the Commonwealth wishes to litigate any matters that fall within the scope of the amendments under consideration...". For this reason, the Commission directed that a Board be established to consider whether the petition should be granted.

This Board was constituted on April 6, and on April 8 established a schedule which required the filing of contentions and responses thereto by the end of May, 1988. PECo and the Commonwealth began discussions looking to the settlement of their differences and, as a result, sought a series of extensions of time ,

i for the iling of contentions which were granted by the Board. The Commonwealth ultimately filed a supplement to its petition and 1 seven contentions , n August 24. Because the settlement discussions were continuing, we were requested to grant a series of extensions of time to respond to the contentions, the most recent of which expired on March 24, 1989.

This winter, PEco and the Commonwealth reached and executed an agreement settling their differences which contemplates that the NRC Staff will have a role in its implementation. PECo notes f i

in a March 24 motion that the Staff is presently reviewing the )

i agreement and it is not known how long that review may take or i 1

whether Staff may have comments which would necessitate changes in i

the agreement. Cons %aently, PECo requests that we stay its obligation to respond to the contentions and order the parties to 1 1

l report any material developments promptly and, in any event, to {

inform us monthly of the status of this matter. The Commonwealth l

l i

(

l 1

g 3

and Staff have no objection to this request.

PECo's request makes good sense. It is unlikely that it will j be necessary for us to consider the contentions. l Therefore, we i I

will stay the deadline for responses to the contentions.' However, because the agreement is now subject only to Staff review, we believe that Staff should inform us on the first of each month, {

l beginning in April, of the status of its review. PECo and the )

t Commonwealth are, of course, free to comment on those reports if they see fit. And we expect to be informed promptly of any significant developments.'

It is so ORDERED.

l

/

For the Atomic Safety and i Licensing Board 1

o ye, III, Chairman TIVE JUDGE Bethesda, MD March 27, 1989 l

I i

I

'PECo's counsel was informed of this action on Friday, March s 24, by telephone. l l

'Should any problems arise with the settlement, we stand ready l to assist in their resolution.

i

(

l I

-=

UNITED STATE 3 0F AWERICA NUCLEAR REGULe1 CRY CORMISSION In the Matter of I l

PHILADELPHIA ELECTRIC COMPANY I Docket Wo.(s) 50-277/278-OLA I

(Peach Botton Atomic Power Station, I Units 2 and 3) I 1

CERTIFICATE OF SERV' ICE

! hereby certify that copies of the foregoing LB NEM0rANDUM AND ORDER have been ssrved upon the following persons by U.S. mail, first class, except as otherwise noted and in uccordance with the requirements of 10 CFR Sec. 0.712.

Administrative Judge Administrative Judge Glenn O. Bright kichard F. Colv Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommiAsian Nashington, DC 20555 Washington, DC 20555 Administrative Judge Ann P. Hodgdon, dsq.

John H. Frye, !!!, Chtirman Attorney Atomic Safety and Licnasine Eoard Office of the Bereral Counsel U.S. Nuclear Regulatory Commission U. S. Nuclear Aequlatory Commission Washington, DC 20555 Washington., DC 20835 Donald P. Irwin, Esq. Williac T. Coleman, Esa.

Attorney O'Melveny and Myers Hunton and Williams 555 13th Street, N.W.

707 East Main Strast, P. O. Box 1535 Washington, DC 20004 Richmond,, VA 23212 l

Timothy D. Searchinger, Esq. Assistant Counsel l

Deputy General Counsel Richard P. Mather, Esg.

Office of General Counsel Department of Environmental Resources Commonwealth of Pennsylvania Commonwealth of Pennsylvania 333 Market Straet 505 Executive House. P.O. Box 2357 Hcrrisburg, PA 17101 Harrisburg,, PA 17120 Eugene .1 Bradley, Esq.

l Philadelphia Electric Company l 2301 Market Street Philadelphia , PA 19101 Dated at Rockville, Md. this 27 day of March 1989

~ ~ ~

Uffic of the Secretary bf the Cbbbi~s~sibn l

l L____---------_------- -