ML20009F843

Motion for Partial Summary Disposition of Contention 11 Re Onsite Storage of Spent Fuel.No Genuine Issue of Matl Fact Exists.Motion Supported by C Herrington & DW James Affidavits.Certificate of Svc Encl

ML20009F843
Person / Time
Site:	Susquehanna
Issue date:	07/28/1981
From:	Silberg J ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108030094
Download: ML20009F843 (5)

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July 28, 1981 y

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Ct.;;cliteI C t he C BEFORE THE ATOMIC SAFETY AND LICENSTNG BOARD  % ""$[:c:h [v g..s . -, e, Scrcit

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PENNSYLVANIA POWER & LIGHT COMPANY ) Docket Nos. 50-387 and ) 50-3 ALLEGHENY ELECTRIC COOPE dTIVE, INC. ) g\N /$ f (Susquehanna Steam Electric Station, gf Units 1 and 2) ) i- L (((fh-N I: 11981 w APPLICANTS' MOTION FOR PARTIAL ,

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SUMMARY

DISPOSITION OF CONTENTION 11

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Pennsylvania Power & Light Company and Allegheny Elect .

Cooperative, Inc. (" Applicants") move the Atomic Safety and Licensing Board, pursuant to S2.749 of the Commission's Rules of Practice (10 CFR S2.749) and the Special Prehearing Conference Order of March 6, 1979, LBP-79-6, 9 NRC 291, 328, for summary disposition in Applicants' favor of that part of Contention 11 in this proceeding which deals with the onsite storage of spent fuel. As grounds for their Motion, Applicants allege that there is no genuine issue of material fact to be heard with respect to that portion of Contention 11 and that Applicants are entitled to a decision in their favor as a matter of law.

This Motion is supported by Applicants' Statement of Material t

Facts As To Which There Is No Genuine Issue To Be Heard (Contention 11 -- Onsite Storage of Spent Fuel) and the Affidavits of Clair Herrington and D. W. James in Support of Partial Summary Disposition 8108030094 810728 PDR ADOCK 05000387 h /

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of Contention 11, both filed simultaneously herewith, together with all pleadings and other papers in this proceeding.

As set forth in the March 6, 1979 Special Prehearing Conference Order, supra, 9 NRC at 328, . responses to this motion are due three weeks from its filing date.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By 1

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JAf jE./ Si13 erg 4 May as F. Travieso-Diaz Counsel for Applicants l

1800 M Street, N. W. i Washington, D. C. 20036  !

(202)822-1000 I Dated: July 28, 1981 1

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD G In the Matter of ) I

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PENNSYLVANIA POWER & LIGHT COMPANY ) Docket Nos. 50-387 and ) 50-388 ALLE3HENY ELECTRIC COOPERATIVE, INC. )

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(Susquehanna Steam Electric Station, )

Units 1 and 2) ) .

1 CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Applicants' Motion for Partial Summary Disposition of Contention 11",

" Applicants' Statement of Material Facts As To Which There Is No Genuine Issue To Be Heard (Contention 11 -- Onsite Storage of Spent Fuel)", " Affidavit of D. W. James in Support of Partial Summary Disposition of Contention 11", and " Affidavit of Clair i C. Herrington in Support of Partial Summary Disposition of Contention 11", were served by deposit in the U. S. Mail, First Class, postage prepaid, this 28th day of July, 1981, to l all those on the attached Service List.

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Dated: July 28, 1981 ( .

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j BEFORE THE A10MIC SAFETY AND LICENSING BOARD In the Matter of )

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PENNSYLVANIA POWER & LIGHT COMPANY )

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AND ) Docket Nos. 50-387

) 50-388 ALLEGHENY ELECTRIC COOPERATIVE, INC. )

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(Susquehanna steam Electric Station, )

Units 1 and 2) )

SERVICE LIST ',

Secretary of the Commission Dr. Judith H. Johnsrud U. S. Nuclear Regulatory Commission Co-Director Washington, D. C. 20555 Environmental Coalition on Nuclear Power Administrative Judge James P. Gleason 433 Orlando Avenue 513 Gilmoure Drive State College, Pennsylvania 16801 Silver Spring, Maryland 20901 Susquehanna Environmental'Advocs?es Mr. Glenn O. Bright c/o Gerald Schultz, Esquire Atomic Safety and Licensing Post Office Box 1560 Board Par.el Wilkes-Barre, Pennsylvania 18703 U. S. Nuc?. ear Regulatory Commission Wa.shington, D. C. 20555 Mr. Thomas J. Halligan, Correspondent The Citizens Against Nuclear Dangers Dr. Paul W. Purdom Post Office Box 5 245 Gulph Hills Road Scranton, Pennsylvania 18501 Radnor, Pennsylvania 19087 Ms. Colleen Marsh Atomic Safety and Licensing Box 558 A, R. D. #4 Board Panel Mt. Top, Pennsylvania 18707 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Jessica H. Laverty, Esquire

- Office of the Executive Legal Docketing and Service.Section Director Office of the Secretary - U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission ' Washington, D. C. 20555 Washington, D. C. 20555 S

Robert W.-Adler, Esquire Mr. Thomas M. Gerusky, Director Department of Environmental Resources Bureau of Radiation Protection Commonwealth of Pennsylvania Department of Environmental 505 Executive House Resources Post Office Box 2357 Commonwealth of Pennsylvania Harrisburg, Pennsylvania 17120 Post Office Box 2063 Janes M. Cutchin, IV, Esquire Office of the Executive Legal Atomic Safety and Licensing Appeal Director Board Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 O

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