ML20082F776

Requests That ASLB Defer Consideration of Proposed Notice Re Util Application for full-term OL Until ACRS Ltr or Last NRC Licensing Document Issued

ML20082F776
Person / Time
Site:	Ginna
Issue date:	11/23/1983
From:	Voigt H LEBOEUF, LAMB, LEIBY & MACRAE, ROCHESTER GAS & ELECTRIC CORP.
To:	Cole R, Grossman H, Luebke E Atomic Safety and Licensing Board Panel
References
NUDOCS 8311290241
Download: ML20082F776 (2)

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SAN FRANCISCO.CA e*HI C RAN FORD, N. J. 07086 Herbert Grossman, Esq., Chairman Dr. Richard F. Cole Administrative Judge Administrative Judge Atomic Safety and Atomic Safety and Licensing Board Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of ROCHESTER GAS & ELECTRIC CORPORATION (R.E. Ginna Nuclear Power Plant, Unit No. 1)

Docket No. 50-244

Dear Sirs:

We understand that the Commission's Regulatory Staff is

• today transmitting to the Atomic Safety and Licensing Board a proposed Federal Register notice in response to the Licensing Board's November 7, 1983 Memorandum and Order.

On November 17, 1983, the Advisory Committee on Reactor Safeguards met to discuss the application of Rochester Gas and Electric Corporation (" Licensee") for a full-term operating license. The ACRS has not completed its review of the application, and Licensee has committed to supply certain additional information to the ACRS. There is no firm schedule for further consideration by the ACRS. Licensee hopes to compile the needed additional information in about three months. This indicates that a letter from the ACRS may be forthcoming in April, followed by the issuance of a Supplement 8311290241 831123 PDR ADOCK 05000244 O PDR ]

J to the Staff's Safety Evaluation Report in May. Those addi-tional issuances are required to close out open issues in this proceeding.

We' understand that all parties are in agreement that a resumption of pre-hearing activities in this docket should await the publication of all relevant issuances. Specifically, the ACRS letter is clearly a prerequisite. We submit that a y reference to fina? action by the ACRS should be part of any fresh public notice issued in this docket, and that a notice without such a reference might be challenged as legally insuf-ficient. Accordingly, we request that the Licensing Board defer consideration of the proposed notice being submitted by the Staff until the last Staff licensing document has been issued, or, at a minimum, until an ACRS letter has been sent.

Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By 4tA/tg/

Har(( H. Voigt G 1333 New Hampshire Avenue, N.W.

Washington, D.C. 20036 Attorneys for Rochester Gas and Electric Corporation  !

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