ML20094A167

Reply to Case 840827 Partial Answer to Applicant 840520 Motion for Summary Disposition Re Safety Factors

ML20094A167
Person / Time
Site:	Comanche Peak
Issue date:	11/02/1984
From:	Philips M, Philips M BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20094A173	List: ML20094A167 ML20094A176
References
CON-#484-892 OL, NUDOCS 8411060303
Download: ML20094A167 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING E0ARD In the Matter of )

) gu TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445 and COMPANY, et al. ) 50-446 O L.-

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(Comanche ' Peak Steam Electric ) (Application for Operating Station, Units 1 and 2) ) Licenses)

APPLICANTS' REPLY TO CASE'S PARTIAL ANSWER TO APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION REGARDING SAFETY FACTORS On May 20, 1984, Texas Utilities Electric Company, et al. (" Applicants")

filed a Motion for Summary Disposition of CASE's Allegations Regarding Safety Fac to rs. On August 27, 1984, CASE filed its answer in the form of an

" Affidavit of CASE Witnesses Mark Walsh and Jack Doyle" (" CASE's Answer"). In an August 22, 1984 conference call the Board authorized Applicants to submit replies to CASE's answers to Applicants' motions for summary disposition (Tr.

12995). Applicants' response to CASE's Answer is set forth in the attached Affidavit of R.D. Wheaton, J.,C. Finneran, and R.C. Iotti.

Applicants submit that CASE's Answer fails to demonstrate the existence of a genuine issue regarding any of the material facts set forth in Applicants' Motion. Thus, under the usual standard for granting summary disposition Applicants would be entitled to judgment as a matter of law.

I The Board has, however, established a "more lenient standard" in this phase 1

of the proceeding for granting summary disposition. In its June 29 Memorandum '

and Order, the Board stated that it intends to ask questions, request briefs or i otherwise seek to clarify matters so as to determine whether sufficient 8411060303 841102 PDR ADOCK 05000445 0 PDR g so-

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information is available to make a " reasoned decision." Accordingly, in the attached Affidavit, Applicants' address each of CASE's assertions with respect to Applicants' statement of material facts which we perceive to require clarification and/or rebuttal to assist the Board in reaching a sound decision. We believe there clearly is sufficient information before the Board for it to reach a reasoned decision on that issue and grant Applicants' Motion. .

Respectfully submitted, Y .

l Nicholas S. Reynolds William A. Horin Malcolm H. Philips, Jr.

Bishop, Liberman, Cook,

. Purcell & Reynolds 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202)S57-9817 November 2, 1984

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