ML022000008
| ML022000008 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah  |
| Issue date: | 07/08/2002 |
| From: | Massey M Neal R. Gross & Co. |
| To: | Office of Nuclear Reactor Regulation |
| Byrdsong A T | |
| References | |
| +adjud/ruledam200506, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, ASLBP-01-791-01-CivP, EA-99-234, NRC-463, RAS 4658 | |
| Download: ML022000008 (21) | |
Text
Official Tra NUCLEAR REG of Proceedings IRY COMMISSION
Title:
Tenne Watts y Authority ar Plant, Unit 1 et al.
Docket Number:
50-"
Location:
(Teler iference)
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Monc 2002 Work Order No.:
NRC Pages 4740-4758 NEAL Court 1323 1 ND CO., INC.
I Transcribers kvenue, N.W.
C. 20005 "433 lempla.,fe -S c - 03 P-Sec V 4740 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD TELEPHONE CONFERENCE In the Matter of:
)
) Docket Nos. 50-390-CivP TENNESSEE VALLEY AUTHORITY ) 50-327-CivP; 50-328-CivP
) 50-259-CivP; 50-260-CivP (Watts Bar Nuclear Plant,
) 50-296-CivP Unit 1; Sequoyah Nuclear Plant, Units 1&2; Browns
) ASLBP No. 01-791-01-CivP Ferry Nuclear Plant, Units ) EA 99-234 1,
2 & 3)
Monday, July 8, 2002 The above-entitled matter came on for hearing pursuant to Notice at 10:00 a.m.
BEFORE:
CHARLES BECHHOEFER, Chairman ANN MARSHALL YOUNG, Administrative Judge RICHARD F. COLE, Administrative Judge Assisted by Raju Goyal, Law Clerk PAGES 4740 THROUGH 4758 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
WASHINGTON, D.C. 20005-3701 (202) 2344433 www.nealrgross.com
4741 APPEARANCES OF COUNSEL On Behalf of the Nuclear Requlatory Commission:
DENNIS C. DAMBLY, Attorney JENNIFER M. EUCHNER, Attorney Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 On Behalf of Tennessee Valley Authority:
BRENT R. MARQUAND, Attorney JOHN E. SLATER, Attorney Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902-1499
-and-DAVID A. REPKA, Attorney Winston & Strawn 1400 L Street, N.W.
Washington, D.C. 20005-3502 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
WASHINGTON, D.C. 20005-3701 www.nealrgross.com (202) 234-4433
- 4742 1
P-R-O-C-E-E-D-I-N-G-S 2
10:02 a.m.
3 CHAIRMAN BECHHOEFER:
Ladies and 4
gentlemen, this is Judge Charles Bechhoefer, and I 5
hope you can hear me.
I called this telephone 6
conference call to find dates where we could resume 7
the hearing here in Rockville, Maryland.
8 And let me introduce those who are here 9
first:
Richard Cole.
And you want to speak up so 10 they could hear you.
11 ADMIN. JUDGE COLE:
Hi.
This is Richard 12 Cole.
13 CHAIRMAN BECHHOEFER:
And Ann Young.
14 ADMIN. JUDGE YOUNG:
Hello.
15 CHAIRMAN BECHHOEFER:
And also, is Raju 16 Goyal, who was down in Chattanooga --
with us for 17 awhile.
Say hello.
18 MR. GOYAL:
Hello.
19 CHAIRMAN BECHHOEFER:
And Michelle 20 Mendelson also with us.
Say hello.
21 MS. MENDELSON:
Hello.
22 CHAIRMAN BECHHOEFER: We asked --
in my e-23 mail I asked people to ascertain their schedules and 24 also try to ascertain numbers of witnesses who are yet 25 to be here. One --
that I have for the benefit of the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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1 2
3 4
5 6
7 8
9 10 11 12 13 14 15 1 6 17 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 4743 reporter is the various parties and their representatives identify themselves.
MR. MARQUAND:
Brent Marquand and John Slater, both for TVA in Knoxville.
MR. REPKA:
Also for TVA, this is Dave Repka in Washington.
MR. MARQUAND:
Hi, Dave.
MR. REPKA:
Hey, Brent.
MR. DAMBLY: And this is Dennis Dambly and Jennifer Euchner, for the staff.
CHAIRMAN BECHHOEFER:
Everybody here.
UNIDENTIFIED SPEAKER:
court reporter.
CHAIRMAN BECHHOEFER:
And the court reporter, as well, correct?
Court --
THE REPORTER:
Yes, I'm here.
CHAIRMAN BECHHOEFER:
Okay.
Well, do parties have any suggestions for when the hearing --
what --
perhaps the good week for the hearing would be?
It would seem --
am I correct that TVA has seven more witnesses to call?
MR. MARQUAND:
I think we have eight, Judge.
CHAIRMAN BECHHOEFER:
Eight more?-
MR. MARQUAND:
I've got eight that I've tentatively sketched out and I've told Jennifer NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4744 1
Euchner about.
And I've checked with those witnesses 2
and it looks --
obviously, with that many people we 3
run into conflicts.
4 But the best week for witnesses will be 5
September the --
the week of September the Lth through 6
the 1 3 th 7
THE REPORTER: This is the court reporter 8
again. May I please ask that you say your name before 9
you speak?
10 MR. MARQUAND:
This is Brent Marquand.
11 THE REPORTER:
Thank you.
12 ADMIN. JUDGE YOUNG:
Are there any other 13 weeks? Right now, I'm scheduled to be out of town on 14 the 9 th.
15 MR. MARQUAND: The week of the 2nd is only 16 four days and I assume that's going to be too short.
17 ADMIN. JUDGE YOUNG:
That week I'm going 18 to be gone also.
19 MR. MARQUAND:
I could try and see if we 20 can get the week of the 1 6 th, but I've got a witness 21 who had told me he had a conflict that entire week, 22 and the week of the 2 3 rd I've got --
oh.
23 ADMIN. JUDGE YOUNG:
I'm sorry.
The week 24 of the 2 3 rd?
25 MR. MARQUAND:
I think in the week of the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4745 1
2 3 rd I
just have more conflicts in them.
I'm 2
confident that the week of the 9 th, the way it exists 3
now, that we can get all of our witnesses in.
Even 4
though some of them have conflicts late in the week, 5
we can put them on earlier.
6 But the week of the 16th was the week the 7
witness has a conflict the entire week, and the week 8
of the 2 3 rd one of the witnesses has a conflict the 9
whole week.
And there are other witnesses that week 10 who have multi-day conflicts.
11 ADMIN. JUDGE YOUNG:
Mr.
- Dambly, Ms.
12 Euchner, what's your schedule look like in September?
13 MR. DAMBLY: We're good for September the 14 3rd through the 1 3th, and then not again until the --
15 September 30 th.
I'm supposed to be in Vegas on Yucca 16 Mountain stuff the 1 7th through the 2 5 th, I think.
17 ADMIN. JUDGE YOUNG:
Well, as I sit right 18 now, I'm scheduled to be out of town on the 9 th.
I've 19 certainly given up vacations before for the NRC and I 20 will again, if necessary, if that's the only thing 21 that we have.
22 I don't --
I've been putting off --
like 23 with --
as with jury duty, I've been putting off 24 taking vacations for quite awhile now, but if that's 25 the only time that anyone else can do it I guess I can NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4746 1
cut it short.
Do we need the entire week?
2 MR. MARQUAND: Well, with eight witnesses 3
I figure seven of them will take less than a day.
I 4
don't know how long Mr. Fogleman will take, but I 5
think everybody else will take less than a day.
So I 6
think eight witnesses, conservatively we ought to 7
allow for a week, but with the hopes it will be done 8
sooner.
9 What do you think, Dennis?
10 MR. DAMBLY:
I guess I'd have to say I 11 don't have a clue, since you're calling them, but I 12 would --
13 MR. MARQUAND:
You know who they are.
14 MR. DAMBLY:
Yes.
I assume that they 15 shouldn't take --
in fact, I don't even know why Mr.
16 Fogleman would take a day.
But be that as it may, I 17 would think we should be able to get them in.
18 CHAIRMAN BECHHOEFER: Could you just read 19 out the witnesses that are still to come?
20 MR. MARQUAND: Robert Beecken, B-E-E-C-K-21 E-N; Keith
- Fogleman, F-O-G-L-E-M-A-N; Melissa 22 Westbrook, Heyward Rogers.
23 ADMIN. JUDGE YOUNG:
Pardon?
24 MR. MARQUAND:
Heyward Rogers.
25 ADMIN. JUDGE YOUNG:
What's the first NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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name?
2 MR. MARQUAND: Heyward, H-E-Y-W-A-R-D. He 3
is a staff witness --
Rick Rogers.
Goetcheus, G-O-E-4 T-C-H-E-U-S; Sam Harvey. Art Burzynski, B-U-R-Z-Y-N-5 S-K-I, and Tom McGrath, and he will be short, too.
6 CHAIRMAN BECHHOEFER:
Does the staff plan 7
to put on any rebuttal?
8 MR. DAMBLY:
At this time, Your Honor, I 9
don't think so with the possible exception we may want 10 to ask Mr. Burzynski some questions, but he's already 11 been called, and they would be fairly short if we used 12 him.
13 CHAIRMAN BECHHOEFER:
That's cross-14 examination, anyway.
15 MR. DAMBLY:
Well, it might be.
I'm not 16 sure exactly what's the scope or why they're putting 17 him on, but we may want to ask him some questions 18 about the pre-decision (phonetic) enforcement 19 conference.
20 CHAIRMAN BECHHOEFER: We're going off the 21 record for a minute, if I can find the right --
22 had an hour cut off on time today.
23 (Whereupon, the foregoing matter went off 24 the record at 10:10 a.m. and went back on 25 the record at 10:15 a.m.)
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4748 1
ADMIN. JUDGE YOUNG:
What are the other 2
commitments?
3 MR. DAMBLY:
He has another --
he's got a 4
Court of Appeals proceeding going on.
5 ADMIN. JUDGE YOUNG:
What about the week 6
of August 2 6 th?
7 MR. MARQUAND:
I can'tmake it then.
8 CHAIRMAN BECHHOEFER: No, that's not good.
9 ADMIN.
JUDGE YOUNG:
Okay.
How is 10 everyone else on the week of August l9th?
11 MR.
DAMBLY:
The staff would have a 12 problem.
Ms. Euchner can't make it and I'm not sure 13 that I can.
Depending on the outcome of a couple of 14 meetings, I could be on the west coast.
15 ADMIN. JUDGE YOUNG:
On business?
16 MR. DAMBLY:
No, not on business.
17 ADMIN. JUDGE YOUNG:
Well --
18 CHAIRMAN BECHHOEFER:
Well, for the week 19 of September 9, if we started on Tuesday the 1 0 th and 20 ran through Friday, and if necessary, Saturday morning 21 or Saturday all day, would that be possible? I don't 22 know about the timing for all this, but the Monday the 23 9 th is one of the judges is tied up.
24 MR. DAMBLY:
Well, if we started the 1 0 th 25 it --
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4749 1
CHAIRMAN BECHHOEFER:
In the morning, 2
9:00.
3 MR. DAMBLY:
it's still the best week 4
for us.
5 ADMIN. JUDGE YOUNG:
I will see if I can 6
change my reservation and come back a day early from 7
my vacation.
If not, starting on the 1 0 th might be 8
the only thing that would really be workable.
9 MR. DAMBLY:
The 9 th or the 10th?
10 CHAIRMAN BECHHOEFER:
Could you all stay 11 through Saturday, if necessary?
12 MR.
DAMBLY:
If I'm sleeping out at 13 Dulles, I assume just about any time we want to.
14 ADMIN. JUDGE YOUNG: Back in August again, 15 how many witnesses were -- did you have problems with 16 and what were their other obligations?
17 MR. DAMBLY:
On the week of the 1 9 th, I
18 don't know exactly what the --
I just asked them for 19 dates that they were absolutely unavailable. And Rick 20 Rogers is unavailable the week of the 1 9 th.
He's our 21 engineering manager for Sequoyah.
22 Rob Beecken's unavailable the 2 0 th and 23 2 2 nd.
He's the vice-president of operations for it.
24 ADMIN. JUDGE YOUNG:
But you don't know 25 the reasons for the unavailability?
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3 4
5 6
7 8
9 10 1 1 12 13 14 15 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 4750 MR. DAMBLY:
One --
only one person gave me a vacation excuse.
Everybody else basically gave me work-related excuses, but I didn't try to catalog how imperative they were.
I just said, just give me dates you're absolutely unavailable, and that's what I got.
ADMIN. JUDGE YOUNG:
Well, it sounds as though the week of the 9 th is I mean, if I can change my reservation we can start on the 9gh.
If not, we'll just start the loth.
MR. DAMBLY:
Well, you know what? We've got --
I'm not going to go into a whole background on these people.
So maybe we can get it done in four days starting on the 1 9 th.
CHAIRMAN BECHHOEFER:
Well, while we plan that --
ADMIN. JUDGE YOUNG:
If I can change it, I'll let you know.
CHAIRMAN BECHHOEFER:
Judge Young can change her reservations for the 9th, come back a day early, maybe we can start it on the 9th.
But if worse comes to worse, we can stay through Saturday, the 14th.
I don't think anybody wants to, but --
ADMIN. JUDGE YOUNG:
Or we could go late during the week.
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CHAIRMAN BECHHOEFER: Right, just go over.
2 We could go till 6:00 anyway, but --
3 ADMIN. JUDGE YOUNG: Probably we could --
4 CHAIRMAN BECHHOEFER:
Yes.
Well, why 5
don't we schedule the
- hearing, then, starting 6
September 1 0 th, probably be --
7 MR. MARQUAND:
Nine a.m.
8 CHAIRMAN BECHHOEFER:
9:00 a.m.
We'll 9
expect to run till probably 6:00 every day.
And if 10 necessary, we'll go Saturday the 1 4 h.
We will let 11 you know shortly if we can start on the 9h/,
Monday.
12 MR. DAMBLY: Right.
Have we talked about 13 logistics of getting into the courtroom and what the 14 security arrangements are and whether we can get in 15 the day before to bring our documents in and what all 16 that's going to be like?
17 ADMIN. JUDGE YOUNG: You're going to need 18 to be escorted.
If we start on the 9 tht I don't think 19 you will be able to get in on the --
on Sunday.
If we 20 start on the 1 0 th, if you are escorted you will be 21 able to get in on the 9 Ih.
22 CHAIRMAN BECHHOEFER:
I don't even think 23 you have to be in the courtroom.
24 ADMIN. JUDGE YOUNG:
Yes, you do.
25 CHAIRMAN BECHHOEFER:
You do now?
Okay.
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4752 1
Okay.
That's changed.
People didn't used to have to 2
be escorted.
3 ADMIN. JUDGE YOUNG:
So if we set on the 4
9th, we --
you're saying we might need a little extra 5
time for you to bring all your materials up.
6 MR. DAMBLY:
So we'll need an escort the 7
whole time we're up there.
Is that right?
8 ADMIN. JUDGE YOUNG:
Yes.
Well, I mean, 9
not while you're in the hearing room, but to and from 10 the entrance to the --
is that right?
If you leave 11 the hearing room --
12 MR. DAMBLY:
Yes.
13 ADMIN. JUDGE YOUNG:
to go downstairs 14 and you --
15 CHAIRMAN BECHHOEFER: Oh, the hearing room 16 complex; you can use the bathrooms and things like 17 that.
18 (Pause) 19 CHAIRMAN BECHHOEFER:
I'm told the TVA 20 badges won't work.
They're strict these days.
So 21 well, why don't we just schedule it for the 1 0 th.
Why 22 don't --
we'll just schedule it for the 1 0 th and you 23 will be able to have access on the 9th, bring your 24 documents.
25 You can use our copies, maybe.
No, I'm NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4753 1
just kidding. We have three copies of exhibits around 2
here.
We got two copies. Right.
Right.
We actually 3
have six copies of exhibits at the moment.
4 ADMIN. JUDGE YOUNG:
Is there any other 5
business?
Mr. Marquand, you were about to say?
6 MR. MARQUAND: How tough to get access in 7
on the 9 th?
8 ADMIN. JUDGE YOUNG:
Pardon?
9 CHAIRMAN BECHHOEFER:
That will now be a 10 problem.
11 MR. MARQUAND:
Up at the door?
12 ADMIN. JUDGE YOUNG:
You're breaking up.
13 I'm not sure we're getting all of your words.
14 MR. MARQUAND:
I mean, who do we need to 15 contact on the 9th to get access for the hearing room, 16 or do we just show up at the door or what's the 17 situation with that? Can we -- somebody check on that 18 and let us know?
19 ADMIN. JUDGE YOUNG:
Yes.
We can notify 20 you of that, if that's all right.
21 CHAIRMAN BECHHOEFER: Right.
I can be --
22 I'll be here, and I'll make it point to be here.
And 23 if not --
24 MR. DAMBLY:
We'll notify the security 25 staff and then we'll be available also.
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4754 Right.
So that 1
2 3
4 5
6 7
8 9
10 11 12 13 14 15 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 CHAIRMAN BECHHOEFER:
should be sufficient for that.
MR. DAMBLY: And we do have three sets of documents that are scheduled for the secretary. Would you need to bring your own copy down, or did you want to use one of those while you're here? Would that be of any assistance to you?
MR. MARQUAND:
I think we'll just plan on bringing our own in case we need to work with it, too.
MR. DAMBLY:
All right, sir.
CHAIRMAN BECHHOEFER: Okay. Well, we will start, then, at 9:00 a.m. on September 10th, and we'll go to at least 6:00 o'clock every day, or plan that way, and we'll reserve the 14th if we need --
the Saturday the 14 th if we need it.
ADMIN. JUDGE YOUNG:
And I think also that, you know, be prepared to go --
I think we went till about 7:00 or later the last week in Chattanooga.
So I would say, if necessary, given --
assuming that no one is tired beyond being able to function, that going to 7:00 or 8:00 at night would be something that we could do.
CHAIRMAN BECHHOEFER:
I don't think we were going to, and I don't think that scheduling people is that easy.
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2 3
4 5
6 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMIN. JUDGE YOUNG:
Okay.
CHAIRMAN BECHHOEFER:
I won't say you couldn't.
ADMIN. JUDGE YOUNG:
I think I'm being outnumbered.
CHAIRMAN BECHHOEFER: Yes. I don't say we can't do it, but I think we should plan on quitting by 6:00 p.m.
MR. DAMBLY:
Probably tired of this case.
CHAIRMAN BECHHOEFER:
Yes.
Now, I just know that local security tightens up at 6:30 a lot.
ADMIN. JUDGE YOUNG:
And also, it's --
given that you have so much time between now and then, you should be able to prepare your witnesses so that we could move through the witnesses a little bit more quickly and with less --
CHAIRMAN BECHHOEFER: By the way, we -- as I indicated down in Chattanooga, we would --
if it would save any time, we would accept qualifications of witnesses' background and qualifications to be prefiled.
Then you can find it in the record.
MR. MARQUAND:
We had already planned on doing that.
CHAIRMAN BECHHOEFER:
Oh, okay, because that can be just bound in the record or marked as an NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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4756 And that might save a little 1
2 3
4 5
6 7
8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exhibit, either one.
time.
MR. MARQUAND:
We'll plan on doing that.
CHAIRMAN BECHHOEFER:
Okay.
And well, because I guess the staff won't know if it needs any rebuttal until after the other witnesses, or extensive rebuttal.
MR. DAMBLY:
Well, at this point we don't anticipate any, Your Honor.
CHAIRMAN BECHHOEFER:
Right.
MR. DAMBLY:
Any other than just a few questions for Mr. Burzynski.
CHAIRMAN BECHHOEFER: Well, you'll have a chance to cross-examine him.
MR. GOYAL: Well, it's going to be a scope issue, potentially.
CHAIRMAN BECHHOEFER: I see. Okay. Okay.
Right.
Okay.
Anything further?
We will see you in September.
MR. DAMBLY:
- Steve, anything else we need to ask?
CHAIRMAN BECHHOEFER:
could you think of Yes. Anything else?
It's open.
MR. MARQUAND:
Nothing here.
MR. DAMBLY:
Okay.
Good.
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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMIN. JUDGE YOUNG: If it does turn out -
I probably will not be able to let Judge Bechhoefer and Judge Cole know until later in the week and I've had a chance to talk to some of the people, but if it turns out that I --
would having the morning of the 9th or a couple of hours in the morning suffice for you to get your materials in and then start at maybe 10:00 or 1:00 o'clock on the 9 th?
I don't know whether I'll be able to do that, but assuming I am, would that suffice for you?
MR. MARQUAND:
That would be good for us.
I mean, we're still flexible.
It's more than two months away.
ADMIN. JUDGE YOUNG:
Okay.
CHAIRMAN BECHHOEFER:
Right.
ADMIN. JUDGE YOUNG:
All right.
CHAIRMAN BECHHOEFER:
Okay.
MR. DAMBLY:
Thank you.
CHAIRMAN BECHHOEFER: Well, we have a nice at our beach place which we could rent for MR. MARQUAND:
Out of alternatives.
CHAIRMAN BECHHOEFER:
Anyway.
ADMIN. JUDGE YOUNG: Are you going to put Judge Bechhoefer?
auditorium a week.
us all up, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.
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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4758 CHAIRMAN BECHHOEFER:
- Well, there are places to rent.
With that, I guess we'll adjourn for the morning and we'll issue a report after we get the transcript, at least a summary, which won't amount to too much.
But anyway, that we bid you farewell.
MR.
MARQUAND:
Thank you, Your Honor.
CHAIRMAN BECHHOEFER:
Okay.
Good-bye.
(Whereupon, the hearing in the above-entitled matter was concluded at 10:27 a.m.)
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CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:
Name of Proceeding: Tennessee Valley Authority Watts Barr Nuclear Plant, Unit 1 et al Docket Number:
50-390-CivP et al.
Location:
Telephone Conference were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings.
isi b
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$ a M ry n Massey I Official Reporter Neal R. Gross & Co., Inc.
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