ML13303A486
| ML13303A486 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 06/01/1981 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8106020507 | |
| Download: ML13303A486 (5) | |
Text
6/1/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION p
BEFORE THE ATOMIC SAFETY AND LICENSING B JUN 0"2 In the Matter of
)
SOUTHERN CALIFORNIA EDISON COMPANY, )
)
O (San Onofre Nuclear Generating
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Station, Units 2 and 3)
)
NRC STAFF MOTION FOR CONTINUOUS HEARING ON GEOLOGY/SEISMOLOGY CONTENTIONS During the conference call among the Licensing Board and parties (except counsel for Intervenor FOE) on May 29, 1981, the Licensing Board stated its intention not to conduct a continuous hearing on geology/
seismology contentions but rather to commence the hearing as scheduled on June 22, 1981 and continue until about July 2nd, then recess for a brief but undetermined period before reconvening. It is not clear whether the Licensing Board then intends to continue the hearing until conclusion or have another recess.
For reasons which follow, the NRC Staff requests that the Licensing Board reconsider its position on this matter and schedule the hearing to run continuously until conclusion on these contentions.
81060205
-2 San Onofre Nuclear Generating Station, particularly Unit 2, is an impacted facility. This means that its construction will be completed and it will be ready to load fuel prior to completion of the hearing process.
While health and safety considerations and the rights of the parties to the proceeding are not to be compromised, the Commission itself has recognized the need to proceed expeditiously in such proceedings to minimize the very substantial impact that would result if completed facilities are allowed to sit idle. See generally, Statement of Policy on Conduct of Licensing Proceedings, dated May 20, 1981. Thus, unless fairness to the parties or the quality of the record would be adversely affected, the Licensing Board-should schedule the hearing to run continuously on these issues to minimize the licensing impact. See, 10 CFR Part 2, Appendix A, V (d)(13).
In the present proceeding we do not believe that such adverse effects are present.
No party has expressed any inability to participate fully in a continuous hearing, and we believe that the continuity produced by such scheduling would improve rather than detract from the record in this case.
II.
For the foregoing reasons, the Staff respectfully moves that the Licensing Board schedule a continuous hearing on the geology/seismology contentions which have been admitted, to commence on June 22, 1981 and continue until completion.
In light of the rapidly approaching date for the commencement of the hearing, the Staff urges that the Licensing Board consider this
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-3 motion on an expedited basis and that other parties' replies be required three (3) days after receipt hereof with service by Express Mail or other expedited delivery.
Resp ctfully submitted, Lawrence J. Chandler Deputy Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this 1st day of June, 1981
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of SOUTHERN CALIFORNIA EDISON COMPANY,
)
)
50-362 OL (San Onofre Nuclear Generating Station, Units 2 and 3)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR CONTINUOUS HEARING ON GEOLOGY/SEISMOLOGY CONTENTIONS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system or as indicated by double asterisk by Express Mail this Ist day of June, 1981:
"*David R. Pigott, Esq.
- James L. Kelley, Esq., Chairman Samuel B. Casey, Esq.
Administrative Judge John A. Mendez, Esq.
Atomic Safety and Licensing Board Edward B. Rogin, Esq.
U.S. Nuclear Regulatory Commission Of Orrick, Herrington & Sutcliffe Washington, D.C.
2055 5 A Professional Corporation 600 Montgomery Street Dr. Cadet H. Hand, Jr.,
San Francisco, California 94111 Administrative Judge c/o Bodega Marine Laboratory Alan R. Watts, Esq.
University of California Rourke & Woodruff P. 0. Box 247 10555 North Main Street Bodega Bay, California 94923 Suite 1020 Santa Ana, California 92701
- rs. Elizabeth B. Johnson, Administrative Judge "Richard J. Wharton, Esq.
Oak Ridge National Laboratory University of San Diego School P. 0. Box X, Building 3500 San Diego, California 92110 Janice E. Kerr, Esq.
Mrs. Lyn Harris Hicks J. Calvin Simpson, Esq.
AUARD Lawrence Q. Garcia, Esq.
3908 Calle Ariana California Public Utilities CommAission San Clemente, California 92672 5066 State Building San Francisco, California 94102
-2 Charles R. Kocher, Esq.
A. S. Carstens James A. Beoletto, Esq.
2071 Caminito Circulo Norte Southern California Edison Company Mt. La Jolla, California 92037 224.:. WaI n1t Grove Avenue Rosemead, California 91770
- Atomic Safety and Licensinq Appeal Board Panel David W,,.
Giian U.S. Nuclear Regulatory Commission Robert G. Lacy Washington, D.C. 20555 San Diego Gas & Electric Company P. 0. Bo>: 1831
.*Atomic Safety and Licensing Board San Diego, California 92112 Board U.S. Nuclear Regulatory Commission Phyllis M. Gallagher, Esq.
Washington, D.C.
20555 1695 West Crescent Avenue Suite 222
- Secretary Anaheim, California, 92701 U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing & Service Br.
Charles E. McClung, Jr., Esq.
Washington, D.C.
20555 Fleming, Anderson, McClung & Finch 23521 Paseo De Valencia Suite 308.
Laguna Hills, CL..
92653 Lawrence J. Chandler Deouty Assistant Chief Hearino Counsel