ML20235N261

Philadelphia Electric Co consented-to Motion for 30-day Extension to Respond to Commonwealth of PA Contentions.* Requests That Deadline for Response & NRC Response to 880824 Contentions Be Extended by 30 Days.W/Certificate of Svc

ML20235N261
Person / Time
Site:	Peach Bottom
Issue date:	02/21/1989
From:	Irwin D HUNTON & WILLIAMS, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#189-8084 88-569-06-OLA, 88-569-6-OLA, OLA, NUDOCS 8903010125
Download: ML20235N261 (6)

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77 -. f)/ /f Fcbruary 21,1989 1

1 UNITED STATES OF AMERICA > ' Mi f- j NUCLEAR REGULATORY COMMISSION 'O ' '

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Before the Atomic Safety und Licensine Board '89 3 O N ' '

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P in the Matter of ) 00-i i

) l PHILADELPHIA ELECTRIC COMPANY ) Nos. 50-277 & 50-278

) ASLBP No. 88-569-C6-OLA I (Peach Bottom Atomic Power Station, )

Units 2 and 3) )

l PHILADELPHIA ELECTRIC COMPANY'S CONSENTED-TO I MOTION FOR A 30-DAY EXTENSION TO RESPOND TO COMMONWEALTH OF PENNSYLVA NIA'S CONTENTIONS l l

l Philadelphia Electric Company (PE) requests a further 30-day extension of its

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and the NRC Staff's deadline to respond to the " Supplement to Petition and Statement of Contentions of the Commonwealth of Pennsylvania," filed with this Board on I i

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Augum 24,1988. PE's reply would otherwise be due on February 22, 1989; the Staff's j would be due five business days later. With the requested extension, PE's reply would be due on March 24 and the Staff's on March 31. PE is authorized to state that the Com- l

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monwealth of Pennsylvania does not ob,iect to the relief requested in this motion, and I I

that the NRC Regulatory Staff does not object so long as it receives a comparable ex- 1 l

tension. 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.

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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-tende'J to August 24, 1988. The reasons for these extensions were the expectation and I conouct of a process of negotiation between PE and the Commonwealth, intended to ,

nnrow or perhaps eliminate the Commonwealth's bases of opposition to the technical specifications which are the subject of this proceeding. Discussions and exchanges of 8903010125 PDR ADOCK Q$$k77 PDR i o DSO3

2-r documents relevant to these matters have been in progress since late spring, and encompass, among other things, the matters contained in all of the contentions 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 a series of Orders, extensions until February 22,1989 of PE's deadline for response to the Commonwealth's proposed contentions, along with corre-sponding extensions for the NRC Staff.

4. During the current extension period, the language of agreements between PE and the Commonwealth has been submitted to the NRC Staff and Region I personnel for informal review. As a 'sult, certain modifications have been made. Final signa-ture on behalf of PE and the Commonwealth and a final review by Region I remain to be completed prior to submission of the agreement to this Board with a request for dis-missal of this proceeding. The matter is described in greater detail as follows in the at-tached "Second Status Report on Settlement Proceedings," filed by the Commonwealth on February 9 with the U.S. Court of Appeals for the Third Circult:

Representatives of the Commonwealth of Pennsylvania and the Philadelphia Electric Company (PECo) have resolved final differences on the settlement documents after re-sponding to (informal] Nuclear Regulatory Commission (NRC) comments. As now modified, the parties will not be submitting a stipulation to the Atomic Safety and Licensing Board (ASLB) of the NRC. Instead, the parties will submit a proposed amendment in PECo's Final Safety Analysis Report (FSAR) to the NRC Region I Administrator. When this Ad-ministrator has [ reviewed and) approved the FSAR amend-ment, the Commonwealth will simply move to withdraw from the ASLB proceeding and will withdraw its appeal in this Court. This change in procedure should speed resolution of this appeal.

The final settlement, as modified, must be reviewed by the Governor of Pennsylvania and will then be presented to the Regional Administrator. Because representatives of the Administrator have already seen and commented upon the settlement, a lengthy NRC review is not anticipated.

5. PE believes that there is a significant likelihood that this process can be completed within the requested 30-day further extension period. PE believes that the l

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l likelihood of success of these negotiations, and of their conclusion during the requested extension period, will be materially aided if it is not forced to have alreaoy pleaded a l l

formal position in response to those contentions before negotiations continue further.

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6. 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.

7. PE has also been authorized by Ann ?. Hodgdon, Esq., one of counsel to the i'

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 extension.

1 WHEREFORE, Philadelphia Electric Company requests that the deadline for its and the NRC Staff's responses to the Commonwealth of Penr.sylvania's August 24,1988 contentions be extended by 30 days, to March 24, and March 31,1989, respectively.

Respectf ully submitted, 1

George C. Freeman, Jr. l Donald P. Irwin {

l Counsel for Philadelphia Electric Company Hunton & Williams l

, 707 East Main Street l

P.O. Box 1535 -

Richmond, Virginia 23212 l Of Counsel:

l l William T. Coleman, Jr., Esq.

l John H. Beisner, Esq.

O'Melveny & Myers 55513th Street, N.W.

Washington, D.C. 20004 Eugene J. Bradley, Esq.  !

Philadelphia Electric Company 1 2301 Market Street l Philadelphia, PA 19101 DATED: February 21,1989 4

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.I UNITED. STATES COURT or APPEALS FOR THE THIRD CIRCUIT l

l COMMONWEALTH OF PENNSYLVANIA  :

Petitioner  :  :)

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v. No. 88-3582

1 UNITED STATES NUCLEAR  :

REGULATORY COMMISSIoW, et. al.,  : ,

Respondents :-

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SECOND STATUS REPORT ON SE'/TLP.NENT PROCEEDINGS Representatives of the Commonwealth of Pennsylvania and the Philadelphia Electric Company (PECo) have resolved final l differences on the uttlement documents af ter responding to Nuclear Regulatory Commission (NRC) comments. As now modified, the parties will not be submitting a stipulation to.the Aconnic Safety and Licensing Board (ASLB) of the NRC. Instead, the parties will submit a proposed amendment in PEco's Final Safety Analysis Report (FSAR) to the NRC Region I Administrator, When this Administrator has approved the PSAR amendment, the Commonwealth will simply move to withdraw from'the AOL5 proceeding and will withdraw its appeal in this Court. TLim change in procedure should speed resolution of this appeal.

The final settlement, as modified, trust be reviewed ley the I

l Governor of Pennsylvania and will then be presented to t2us I

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. Regional Administrator. .i Because representatives of the- i

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Administrator have.already seen and commented upon the .l i

settlement, a lengthy NRC review is not anticipated. '4

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R4speetfully sulaitted, 1 1

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u/, del $ i

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I1fnothy~D( Searchinge4 / ~~

Deputy General Counsel 1 f

Office of General Counsel 333 Market Street E

Harrisburg, PA 17101 i (717) 787-9338 Dated: February 9, 1989 l

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7 February 21,1989

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. CERTIFICATE OF SERVICE

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- In the Matter of PHILADELPHIA ELECTRIC COMPANY .O M D ' N be (Peach Bottom Atomic Power Station, Units 2 and 3)

Docket Nos. 50-277 OLA and 50-278-OLA' .r: 0

.t GUCM1,%.w,.

w I hereby certify that copies of PHILADELPHIA ELECTRIC COMPANY'S CONSENTED-TO MOTION FOR A 30-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 asterisk..by Federal Express as indicated by two asterisks, or by 11rst-class mail, postage prepaid.

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 TCaers P.O. Box 11775 4350 East-West Highway Harrisburg. PA 17108 Bethesda, MD 20814.

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 Atiention Docketing and Service U.S. Nuclear Regulatory Commission Section Region I U.S. Nuclear Regulatory Commission 475 APendale Road 1717 H Street, N.W. King of Prussia, PA 19406 Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Donald P. Irwin Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23212 DATED: February 21,1989

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