ML20205R816

PECO consented-to Motion for 45-day Extension to Respond to Commonwealth of PA Contentions.* Certificate of Svc Encl

ML20205R816
Person / Time
Site:	Peach Bottom
Issue date:	11/03/1988
From:	Irwin D HUNTON & WILLIAMS, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#488-7453 88-569-06-OLA, 88-569-6-OLA, OLA, NUDOCS 8811100134
Download: ML20205R816 (4)

Text

i 7fS3 N@vGmber 3,1988

's P0f.*Eif 0 uMc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '68 O ~0 N 0 Before the Atomic Safety and Licensing Board [0CN ["

In the Matter of )

PHILADELPHIA ELECTRIC COMPANY

)

) No. 50-277 & 50-278

~ 068

) ASLBP No. 88-56S-06-OLA (Peach Bottom Atomic Power Station, )

Units 2 and 3) )

PHILADELPlilA ELECTRIC COMPANY'S CONSENTED-TO MOTION FOR A 45-DAY EXTENSION TO RESPOND TO COMMONWEALTH OF PENNSYLVANIA'S CONTENTIONS Philadelphia Electric Company (PE) requests a further 45-day extension, until December 22,1988, of its deadline to respond to the "Supplement to Petition and State-ment of Contentions of the Commonwealth of Pennsylvania," filed with this Board on August 24, 1988. PE's reply would otherwise be due on November 7,1988. PE is autho-rized to state that the Comnionwealth of Pennsylvania and the NRC Regulatory Staff do not object to the rollef requested in this motion, and that the Commonwealth of Pennsylvania concurs in PE's representation of the status of negotiations between PE and the Commonwealth. In support of this motion PE states as follows:

1. The Licensing Board activated this proceeding by order dated April 8,1988, which required the Commonwealth of Pennsylvania to file its proposed contentions by April 25,1988.

2. In a series of consented-to motions for extension filed by the Common-wealth of Pennsylvania, the Commonwealth's deadline for filing contentions was ex-tended to August 24, 1988. The reasons for these extensions were the expectation and conduct of a process of negotiation between PE and the Commonwealth, intended to

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eg narrow or perhaps eliminate the Commonwealth's bases of opposition to the technical specifications which are the subject of this proceeding. Discussions and exchanges of documents relevant to these matters have been in progress since late spring, and en-compass, among other things, the matters contained in most if not all of the conten-tions filed by the Commonwealth on August 24,

3. For the same reasons, the Commonwealth and NRC Staff consented to, and the Board has granted by Order dated September 2,1988, an extension until November 7,1988 of PE's deadline for response to the Commonwealth's proposed contentions.

4. The negotiations between PE and the Commonwealth are still ongoing. Ma-terial progress has been made since the previous request for an extension. Agreements in principle have been reached tentatively on numerous issues, and these agreements are in the process of being memorialized in detailed written inrm.

5. PE believes that the likeilhood of success of these negotiations will be ma-terially aided if it is not forced to have already pleaded a formal position in response to those contentions before negotiations continue further,

6. PE believes that the further material progress in the ongoing negotiations with the Commonwealth can be achieved within the requested extension period. Ac-cordingly, PE requests that the deadline for its response to the Commonwealth's con-tentions be extended by 45 days, to December 22,1988.

7. PE has been authorized by Timothy D. Searchinger, Esq., one of counsel to the Commonwealth, to state that the Commonwealth does not object to the relief sought by this motion and that the Commonwealth concurs in the representation of the current status of negotiations set forth in 14. PE has also Lwn authorized by Ann P.

liodgdon, F,sq., one of counsel to the NRC Staff, to state that the Staff does not object to the relief sought by this motion, so long as the Staff receives a comparable exten-sion. ~

4 WHEREFORE, Philadelphia Electric Company requests that the deadline for its response to the Commonwealth of Pennsylvania's August 24, 1988 contentions be ex-tended by 45 days, to December 221988.

Respectfully submitted, 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 Of Counsel:

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.

Philadelpi.!? Electric Company 2301 Market Mreet Philadelphia, PA 19101 DATED: November 3,1988

9-Nov@mber 3,1988

'A  : ,

CERTIFIC ATE OF SERVICE h:5, ,

In the Matter of '88 NOV -8 P4 :10 PHILADELPHIA ELECTRIC COMPANY

'(Peach Bottom Atomic Power Station, Units 2 and 3) .g, ,, ,.,,, l Docket Nos. 50-277-OLA and 50-278-OLA 00CKE Wi 4 :MelM BRMei I hereby certify that copies of PHILADELPHIA ELECTRIC COMPANY'S CONSENTED-TO MOTION FOR A 45-DAY EXTENSION TO RESPOND TO COMMON-WEALTH OF PENNSYLVANIA'S CONTENTIONS were served this date upon the follow-ing by telecopy as indicated by an aster %k, by Federal Express as indicated by two as-terisks, or by first-class mall, postage prv: paid. L John H. Frye, III, Chairman

• Adjudicatory File Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Docket East-West Towers U.S. Nuclear Regulatory Commission ,

4350 East-West Highway Washington, D.C. 20555 Bethesda, MD 20814 Morey M. Myers, Esq. "

Glenn O. Bright

• General Counsel Atomic Safety and Licensing Board Commonwealth of Pennsylvania U.S. Nuclear Regulatory Commission Office of General Counsel East-West Towers P.O. Box 11775 4350 East-West Highway Harrisburg, PA 17108 l Bethesda, MD 20814 4

Ann P. Hodgdon, Esq. "

Richard F. Cole

• U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Office of the General Counsel U.S. Nuclear Regulatory Commission One White Flint North East-West Towers 11555 Rockville Pike 4350 East-West Highway' Rockville, MD 20814 Bethesda, MD 20814 Jay Gutierrez, Esq. "

Secretary of the Commission Regional Counsel ,

Attention Docketing and Service U.S. Nuclear Regulatory Commission l

Section Region !  !

U.S. Nuclear Regulatory Commission 475 Allendale Road  ;

1717 H Street, N.W. King of Prussia, PA 19406  !

! WasMngton, D.C. 20555 4

Atomic Safety and Licensing ,

Appeal Board Panel ,

U.S. Nuclear Regulatory Commission  ;

. Washington, D.C. 20555 '

~

) Donald P. Irwin  !

i Hunton & Williams

) 707 East Main Street i J

P.O. Box 1535 i Richmond, Virginia 23212 i DATED: November 3,1988  ;

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