ML13302B946
| ML13302B946 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 02/23/1981 |
| From: | Pigott D CHICKERING & GREGORY, SAN DIEGO GAS & ELECTRIC CO., SOUTHERN CALIFORNIA EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML13302B929 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8103050581 | |
| Download: ML13302B946 (9) | |
Text
1 DAVID R. PIGOTT SAMUEL B. CASEY 2 JOHN A. MENDEZ CHICKERING & GREGORY 3 Three Embarcadero Center Twenty-Third Floor 4 San Francisco, California 94111 Telephone:
(415) 393-9000 5
CHARLES R..KOCHER 6 JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY 7 P. 0. Box 800 2244 Walnut Grove Avenue 8 Rosemead, California 91770 Telephone:
(213) 572-1900 9
Attorneys for Applicants 10 SOUTHERN CALIFORNIA EDISON COMPANY and SAN DIEGO GAS & ELECTRIC COMPANY 11 UNITED STATES OF AMERICA 12 NUCLEAR REGULATORY COMMISSION 13 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 14 15 In the Matter of
)
Docket Nos. 50-361 OL 16
)
50-362 OL SOUTHERN CALIFORNIA EDISON 17 COMPANY, et al. (San Onofre
)
MEMORANDUM OF POINTS AND Nuclear Generating Station,
)
AUTHORITIES IN SUPPORT 18 Units 2 and 3).
)
OF MOTION FOR FINAL
)_
PREHEARING CONFERENCE 19 20 I.
21 THE BOARD HAS AUTHORITY TO DIRECT A FINAL PREHEARING CONFERENCE 22 23 Pursuant to 10 C.F.R. § 2.752, the presiding officer of 24 an Atomic Safety and Licensing Board ("Presiding Officer") may 25 direct that a final prehearing conference be convened between the 26 parties and/or their counsel of record.
27 Pursuant to 10 C.F.R. § 2.718 the Presiding Officer has 28 the power to:
I1 0s5 05%
"(h) Hold conferences before or during 2
the hearing for settlement, simplification of the issues, or any other proper purpose."
3 II.
4 A FINAL PREHEARING CONFERENCE IS NOW 5
APPROPRIATE TO CONSIDER MATTERS THAT WILL AID IN THE ORDERLY DISPOSITION OF THESE PROCEEDINGS 6
On or about March 22, 1977, San Diego Gas and Electric 7
Company and Southern California Edison Company ("Applicants")
8 filed their application for operating licenses for San Onofre 9
Nuclear Generating Station, Units 2 and 3 ("SONGS 2 and 3").
On 10 April 7, 1977, notice of filing that application was published in 11 the Federal Register, 42 Fed. Reg. 18460.
Pursuant to said 12 notice, various petitions to intervene were filed and sub 13 sequently allowed.
On May 12, 1977, an Atomic Safety and Li 14 censing Board ("Board") was established and, on December 6, 1977 15 the first special prehearing conference was held pursuant to 10 16 C.F.R. § 2.751a.
17 By Memorandum and Order of January 27, 1978 the Board 18 determined that certain contentions alleged by Intervenors, 19 Friends of the Earth, et al. ("FOE") and Groups United Against 20 Radiation Dangers ("GUARD") were suitable for discovery pur 21 poses.
The Board allowed contentions on emergency planning, 22 geology/seismology, the effects of certain site dewatering well 23 cavities, and the escalation of uranium prices.
The Board's 24 Order also permitted discovery on all contentions to commence.
25 On or about June 9, 1980 Applicants' filed a motion for 26 summary disposition of Intervenors' contentions on the site 27 dewatering well cavities and the escalation of uranium fuel 28 osts.
On or abou August 15, 1980, the NRC Staff also filed a
motion for summary disposition of the same two contentions.
Also 2 on or about August 15, 1980, Intervenor, FOE, filed its brief in 3 opposition to Applicants' motion.
By Memorandum and Order of 4
January 26, 1981, the Board granted the Applicants' and Staffs' 5 motions on uranium fuel costs (Contention 9) and granted, in 6 part, and denied, in part, the Applicants' and Staffs' motions 7
for summary disposition on dewatering well cavities 8
(Contention la).
9 On July 17, 1980, a second special prehearing con 10 ference was held pursuant to 10 C.F.R. § 2.751a.
By Memorandum 11 and Order of August 6, 1980 the Board permitted discovery to 12 continue on Intervenors' contentions on geology/seismology and 13 emergency planning as they were originally worded, i.e. the Board 14 choose not to narrow the contentions for discovery purposes.
15 However, by Memorandum and Order of August 27, 1980 the Board 16 established a schedule for the termination of discovery on the 17 geology/seismology and emergency planning contentions.
18 Discovery on the two remaining contentions was ter 19 minated, by stipulation, on February 20, 1981 with the following 20 two exceptions (1) all depositions had to be noticed in time to 21 assure their completion by March 2, 1981; and (2) all discovery, 22 including depositions, on the City of San Clemente Emergency 23 Plan, would terminate on April 3, 1981.
The parties have further 24 stipulated that some depositions may be taken subsequent to the 25 March 2 deadline, however, all depositions will be completed 26 prior to the proposed April 7, 1981 date for the final prehearing 27 conference.
28 Tn January and February, 1981 the"Safety Evaluation
1 Report By the Office of Nuclear Reactor Regulation, U.S.
Nuclear 2
Regulatory Commission, Related to the Operation of San Onofre Nuclear Generating Station Units 2 and 3" (NUREG 0712)("SER") and the "Supplement to Draft Environmental Statement Related to the Operation of San Onofre Nuclear Generating Station, Units 2 and 6
3" (NUREG 0490) were issued.
The NRC Staff Draft Environmental 7 Statement (DES) is also complete and Applicants anticipate the 8
issuance of the final Environmental Statement in April, 1981.
9 Furthermore, all emergency plans have been served upon the 10 parties to this proceeding and as previously indicated all 11 discovery will be completed before April 7, 1981.
12 Finally, the Advisory Committee on Reactor Safeguards 13
("ACRS") had completed its review of the seismic and geologic 14 matters relative to Applicants application for operating licenses for SONGS 2 and 3 and a letter covering this portion of the SER 16 was issued by the ACRS on February 10, 1981.
The ACRS will 17 complete its review of the balance of the matters covered in the 18 SER before April 7, 1981.
19 The foregoing record reflects that the parties have had 20 ample time to conduct appropriate discovery and marshall their 21 evidence for the hearing before the Board.
All discovery will be 22 completed by April 3, 1981.
10 C.F.R. § 2.752 requires the Board 23 to hold a final prehearing conference "within sixty (60) days 24 after discovery has been completed, or such other time as the 25 Commission or the presiding officer may specify".
Applicants 26 have also conferred with the N.R.C. staff and they do not object 27 either to the setting of the final prehearing conference or the 28 proposed date for said prehearing conference.
4.
1 In the absence of substantive health and safety con 2 cerns to the contrary, any delay in the scheduling of this final 3 prehearing conference is unwarranted and will result in signif 4 icant additional costs to the construction and licensing program 5 of SONGS, Units 2 and 3. Applicants, therefore, submit that a 6 final prehearing conference is now appropriate and necessary to 7 clarify issues, set a hearing schedule, identify witnesses, and 8 consider other matters that may aid in the orderly disposition of 9 this proceeding, in order that the consuming public may be spared 10 the burden of the unnecessary cost of delay and postponement.
11 III.
12 CONCLUSION 13 It is respectfully submitted that in order to assure a 14 timely completion of the licensing process, a final procedural 15 conference, pursuant to 10 C.F.R. § 2.752 should be convened by 16 this Board on April 7, 1981 or as soon thereafter as may be 17 scheduled.
18 DATED:
February 23, 1981 19 DAVID R. PIGOTT SAMUEL B. CASEY 20 JOHN A. MENDEZ CHICKERING & GREGORY 21 22 CHARLES R. KOCHER JAMES A. BEOLETTO 23 SOUTHERN CALIFORNIA EDISON COMPANY 24 2A~
25 By David R. Pigott 26 One of Counsel for Applicants 27 28 5.
1 DAVID R. PIGOTT SAMUEL B. CASEY 2 JOHN A. MENDEZ CHICKERING & GREGORY 3 Three Embarcadero Center Twenty-Third Floor 4 San Francisco, California 94111 5
Telephone:
(415) 393-9000 CHARLES.R. KOCHER 6 JAMES A. BEOLETTO SOUTHERN CALIFORNIA EDISON COMPANY 7
P. 0. Box 800 2244 Walnut Grove Avenue 8 Rosemead, California 91770 Telephone:
(213) 572-1900 Attorneys for Applicants 10 SOUTHERN CALIFORNIA EDISON COMPANY and SAN DIEGO GAS & ELECTRIC COMPANY 11 UNITED STATES OF AMERICA 12 NUCLEAR REGULATORY COMMISSION 13 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 14 15 In the Matter of
)
Docket Nos. 50-361 OL 16
)
50-362 OL SOUTHERN CALIFORNIA EDISON 17 COMPANY, et al. (San Onofre
)
ORDER CONVENING FINAL Nuclear Generating Station,
)
PREHEARING CONFERENCE 18 Units 2 and 3).
19 20 21 On good cause being shown therefor; 22 IT IS HEREBY ORDERED that pursuant to 10 CFR § 2.752 a 23 final prehearing conference shall be convened herein on April 7, 24 1981 at 10:00 a.m., at Los Angeles, California, for the purpose 25 of simplifying, clarifying and specifying the issues; setting a 26 hearing schedule; taking all other procedural steps necessary to 27 expedite the presentation of evidence; and resolving such further 28
///
1 matters as may aid the Board in the orderly disposition of the 2 proceeding.
3 DATED:
1981.
4 5
ATOMIC SAFETY AND LICENSING BOARD 6
7 By 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.
1 PROOF OF SERVICE BY MAIL 2
I declare that:
3 I am employed in the City and County of San Francisco, 4
5 I am over the age of eighteen years and not a party to 6
the within entitled action; my business address is Three Embarca 7
dero Center, Twenty-Third Floor, San Francisco, California 94111.
8 On February 24, 1981, I served the attached MOTION FOR 9 ORDER SETTING FINAL PREHEARING CONFERENCE, MEMORANDUM OF POINTS 10 AND AUTHORITIES IN SUPPORT OF MOTION FOR FINAL PREHEARING CON 11 FERENCE, and ORDER CONVENING FINAL PREHEARING CONFERENCE on the 12 following in said cause, by placing a true copy thereof enclosed in 13 a sealed envelope with postage thereon fully prepaid, in the United 14 States mail at San Francisco addressed as follows:
15 Ivan S. Smith, Esq., Chairman Atomic Safety and Licensing Board Alan R. Watts, Esq.
16 U.S. Nuclear Regulatory Commission Rourke & Woodruff Washington, D.C. 20555 California First Bank Building 17 10555 North Main Street 17 Dr. Cadet H. Hand, Jr.
Santa Aa, California 92701 18 Director, Bodega Marine Laboratory University of California 19 P. 0. Box 247 Office of the Executive Legal Director Bodega Bay, California 94923 U.S. Nuclear Regulatory Commission 20 Washington, D.C.
20555 Dr. Emmett A. Luebke 21 Atomic Safety and Licensing Board Janice E. Kerr, Esq.
U.S. Nuclear Regulatory Commission J. Calvin Simpson, Esq.
22 Washington, D.C. 20555 Lawrence Q. Garcia, Esq.
California Public Utilities Commission 23 David W. Gilman 5066 State Building 23 etG.Lc San Francisco, California 94102 Robert G. Lacy 24 San Diego Gas & Electric Company Mr. Lloyd von Haden P. 0. Box 1831 25 San Diego, California 92112 2089 Foothill Drive Vista, California 92083 26 Robert Dietch, Vice President Ha s
Southern California Edison Company C
Lyn o
s s W27 P.g. Box 800 GUA55 2244 Walnut Grove AvenueE 28 Rosemead, California 91770 San Clemente, California 92801
Phyllis M. Gallagher, Esq.
1 James F. Davis, 1695 W. Crescent Avenue, Suite 222 State Geologist Anaheim, California 92801 2
Division of Mines and Geology 1416 Ninth Street, Room 1341 Atomic Safety and Licensing Board 3
Sacramento, California 95814 U.S. Nuclear Regulatory Comission Washington, D.C. 20555 4
Richard J. Wharton, Esq.
University of San Diego Docketing and Service Section 5
School of Law Office of the Secretary Alcala Park U.S. Nuclear Regulatory Commission 6
San Diego, California 92110 Washington, D.C. 20555 7
8 9
JOUN A. MENDEZ 10 One of Counsel for Applicants SOUTHERN CALIFORNIA EDISON COMPANY 11 and SAN DIEGO GAS & ELECTRIC COMPANY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28