ML20066F027

Exceptions to ASLB 821103 Partial Initial Decision & Motion for Extension of Time to File Supporting Brief Until 30 Days After Svc of ASLB Ruling.Certificate of Svc Encl

ML20066F027
Person / Time
Site:	Waterford
Issue date:	11/12/1982
From:	Churchill B LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8211170409
Download: ML20066F027 (6)

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DOLMEVED USNRC November 12, 1982 T2 KW 16 Pi::8 UNITED STATES OF AMERICA LFFIEE Ci EELRtTARY NUCLEAR REGULATORY COMMISSION jhdfC Before the Atomic Safety and Licensing Appeal Board 1

In the Matter of )

)

LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

APPLICANT'S EXCEPTIONS TO PARTIAL INITIAL DECISION AND MOTION FOR EXTENSION OF TIME TO FILE SUPPORTING BRIEF Purusant to section 2.762 of the Commission's Rules of Practice, 10 CFR S 2.762, Louisiana Power & Light Company

(" Applicant") hereby takes exception to certain designated portions of the November 3, 1982 Partial Initial Decision of the Atomic Safety and Licensing Board in the abc .'e-captioned proceeding. For the reasons discussed below, Applicant moves to extend the time for filing its brief in support of the exceptions.

EXCEPTIONS

1. Contrary to the provisions of 10 CFR S 50.47 (d) ,

the four conditions specified in the Licensing Board's Order, all relating to State and local offsite emergency plans, are precedent to issuance of an operating license which, inter alia, would authorize fuel loading and low power operations,

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PDR ADDCK 05000382 8 PDR 2 So3

rather than precedent to authorization for operation of the facility at power levels above 5% of rated power. Slip Op.

at 71.

2. Condition (2) of the Licensing Board's Order specifies that letters of agreement shall be obtained for the drivers of vehicles necessary to implement the evacuation plans. Slip Op. at 71.

3. Condition (2) of the Licensing Board's Order limits the required letters of agreement with respect to evacuation vehicles and drivers to letters of agreement with support parishes, thus precluding satisfaction of the condition by obtaining letters of agreement with other appropriate organizations. Slip Op. at 71.

BRIEFING SCHEDULE Applicant believes that the consequences of the foregoing portions of the Partial Initial Decision to which it takes exception may have been unintended by the Licensing Board. Applicant is therefore concurrently filing with the Licensing Board a Motion for Reconsideration or Clarification which addresses each of the above exceptions.

The Licensing Board's ruling may result in withdrawal or modification of the exceptions. Accordingly, Applicant moves the Appeal Board (1) to permit Applicant to withdraw cr file modifications to its exceptions within five (5) days after

service of the Licensing Board's ruling, and (2) to extend the time for filing Applicant's brief in support of its exceptions to thirty (30) days after service of the Licensing Board's ruling.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By ( )

M ruce W. Churchill Delissa A. Ridgway Counsel for Applicant 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: November 12, 1982

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of )

)

LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Exceptions to Partial Initial Decision and Motion For Extension of Time to File Supporting Brief" were served by deposit in the United States mail, First Class, postage prepaid, addressed to each of the persons on the attached service list, this 12th day of November, 1982.

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i t cBrja6e W.'Thurchill Dated: . November 12, 1982 l

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t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In the Matter of )

)

LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

SERVICE LIST Administrative Judge Administrative Judge Stephen F. Eilperin, Chairman Sheldon J. Wolfe Atomic Safety & Licensing Chairman, Atomic Safety &

Appeal Board Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 l Administrative Judge Administrative Judge l Christine N. Kohl Harry Foreman Atomic Safety & Licensing Atomic Safety & Licensing Board l Director, Center for Population Appeal Board U.S. Nuclear Regulatory Studies Commission Box 395, Mayo Washington, D.C. 20555 University of Minnesota Minneapolis, MN 55455 Administrative Judge Reginald L. Gotchy Administrative Judge -

Atomic Safety & Licensing Walter H. Jordan Appeal Board Atomic Safety & Licdnsing Board U.S. Nuclear Regulatory 881 West Outer Drive Commission Oak Ridge, TN 37830 Washington, D.C. 20555 Docketing & Service Section (3)

Sherwin E. Turk, Esquire (4) Office of the Secretary Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555

Mr. Gary Groesch Luke B. Fontana, Esquire 2257 Bayou Road 824 Esplanade Avenue New Orleans, LA 70119 New Orleans, LA 70116 l

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