ML17296B299
| ML17296B299 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 03/20/1981 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Callahan D, Cole R, Lazo R Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8103240039 | |
| Download: ML17296B299 (16) | |
Text
l triarch 20, 1981
~
Robert ll. Lazo, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Gommission Washington, DC 20555
'Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Dixon Callahan Union Carbide Corporation P.O.
Box Y
Oak Ridge, TH 37830 In the Hatter of Arizona Public Service Company, et al.
(Palo Verde Nuclear Generating Station, Units 1, 2 and 3
Docket Nos.
STN 50-528 STN 50-529 STN 50-530
Dear-Licensing Board t'tembers:
We have received a copy of a letter from counsel for the Joint Applicants, Charles A. Bischoff, addressed to this Board which expresses concern with the recent delay in the progress of the above proceeding.
As counsel for the Joint Applicants accurately noted, the Intervenor, P.
Lee Hourihan, the NRC Staff and Joint Applicants entered into and filed a Stipulation of Parties Regarding Contentions and Discovery on December 12, 1980.
The parties agreed that the contentions set forth in Appendix A to the Stipulation were acceptable for litigation, but that they were unable to agree on the acceptability of the contentions set forth in Appendix B to the Stipulation.
On December 19, 1980, the NRC Staff and Joint Applicants filed their respective statements of position regarding the contentions set forth in Appendix B to the Stipulation.
The Board, in its order of January 6, 1981, offered the Intervenor an opportunity until January 20, 1981, to respond to the NRC Staff and Joint Applicants'osition statements.
On or about January 20, 1981, the NRC Staff was contacted by the Intervenor regarding affording her a ten-day extension of time in which to file her response to the position statements.
The Intervenor indicated that the Joint Applicants had already agreed to the extension.
The t<RC Staff agreed to the requested extension and agreed with the Intervenor to notify the Board that the Intervenor intended to promptly~Ss di OFFICEth SURNAME) 0/PEP
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file a motion requesting the ten-day extension.
As agreed, the NRC Staff informed the Board of the.telephone conference with the Intervenor and that the Intervenor indicated that she would promptly file a motion for a ten-day extension in which to file her response to the NRC Staff and Joint Applicants'osition statements.
As of the date of this letter, the NRC Staff has not received a copy of a motion requesting a ten-day extension, or the Intervenor's response to the NRC Staff and Joint Applicants'osition statements.
The NRC Staff agrees with the conclusion of the Joint Applicants that the Intervenor has not filed nor intends to file a response to the NRC Staff and Joint Applicants'osition statements.
Accordingly, the NRC Staff also urges that this Board proceed in the absence of a response from the Intervenor and issue its order identifying the Intervenor's contentions which are to be litigated in this proceeding and approving the discovery schedule set forth in the Stipulation.
Sincerely, Henry J.
McGurren Counsel for NRC Staff cc:
Arthur C. Gehr, Esq.
Charles Bischoff, Esq.
Ms.
Lee Hourihan Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section Dist NRC Central Shapar/Engelhardt Reis Chron(2)
ASchwencer LPDR Christenbury/Scinto McGurren FF(2)
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REGULA INFOR<<ATION D IS TR I BUT IOt S TF tn (R IDS)
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AUTHOR AFFILIATION "earing Branch f
RECIPIENT AFFILIATION Atomic Safety and Licensing Atomic Safety and Licensinp Atomic Safety and Licensinp NOTARIZED:
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flarch 20, 1981
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~44444444444 Robert l1. Lazo, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commfssion Washington, DC 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Or. Dixon Callahan Union Carbide Corporation P.O.
Box Y
Oak Ridge, TN 37830 In the Hatter of Arizona Public Service Company, et al.
(Palo Verde Nuclear Generating Station, Unfts 1, 2 and 3
Docket Nos.
STN 50-528 STN 50-529 STN 50-530
Dear Licensing Board tiembers:
We have received a copy of a letter from counsel for the Joint Applicants, Charles A. Bischoff, addressed to this Board which expresses concern with the recent delay in the progress of the above proceeding.
As counsel for the Joint Applicants accurately
- noted, the Intervenor, P.
Lee Hourfhan, the NRC Staff and Joint Applicants entered into and filed a Stipulation of Parties Regarding Contentions and Discovery on December 12, 1980.
The parties agreed that the contentions set forth in Appendix A to the Stipulation were acceptable for litigation, but that they were unable to agree on the acceptability of the contentions set forth in Appendix B to the Stipulation.
On December 19, 1980, the NRC Staff and Joint Applicants filed their respective statements of position regarding the contentions set forth in Appendix B to the Stipulation.. The Hoard, in its order of January 6, 1981, offered the Intervenor an opportunity until January 20, 1981, to respond to the NRC Staff and Joint Applicants'osition statements.
0n or about January 20,
- 1981, the NRC Staff was contacted by the Intervenor regarding affording her a ten-day extension of time in which to file her response to the position statements.
The Intervenor indicated that the Joint Applicants had a1ready agreed to the extension.
The NRC Staff agreed to the requested extension and agreed with the Intervenor to notify the hoard that the Intervenor intended to promptly~Ss D
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file a motion requesting the ten-day extension.
As agreed, the NRC Staff informed the Board of the telephone conference with the Intervenor and that the Intervenor indicated that she would promptly file a motion for a ten-day extension in which to file her response to the NRC Staff and Joint Applicants'osition statements.
As of the date of this letter, the NRC Staff has not received a copy of a motion requesting a ten-day extension, or the Intervenor's response to the NRC -Staff and Joint Applicants'osition statements.
The NRC Staff agrees with the conclusion of the Joint Applicants that the Intervenor has not filed nor intends to file a response to the NRC Staff and Joint Applicants'osition statements.
Accordingly, -the NRC Staff also urges that this Board proceed in the absence of a response from the Intervenor and issue its order identifying the Intervenor's contentions which are to be litigated in this proceeding and approving the discovery schedule set forth in the Stipulation.
Sincerely, Henry J. VcGurren Counsel for NRC Staff cc:
Arthur C. Gehr, Esq.
Charles Bischoff, Esq.
Hs.
Lee Hourihan Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section Dist NRC Central Shapar/Engelhardt Reis Chron(2)
ASchwencer LPDR Christenbury/Scinto McGurren FF(2)
JKerrigan OFFICE)
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ACCESSION "!UR:81032rt0039 OOC ~ DATE. 81/03/20
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Discusses
.loint apolicants'tr re proceedinm vrngress
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rgrees that intervenor has not filed It does not -intend to file response to position"statements.ASLB shouln issue oraer identifying intervenors contentions to oe litigated.
DISTRISUTION CODE:
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SIZE:
TITLE: ELD Fi1 inqs (Non Antitrust)
NOTES:Standardized Plant,l cy'.C Grimes Standardized Plant
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f1arch 20, 1981 p]gift c I'MA231981~
>s Robert tl. Lazo, Esq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Dixon Callahan Union Carbide Corporation P.O.
Box Y
Oak Ridge, TN 37030 In the tlatter of Arizona Public Service Company, et al.,
(Palo Verde Nuclear Generating Station, Units 1, 2 and 3
Docket Nos.
STII 50-528 STN 50-529 STH 50-530 OFFICE)
SURNAME)
OATEN
Dear Licensing Board tiembers:
We have recefved a copy of a letter from counsel for the Joint Applicants, Charles A. Bischoff, addressed to this Board which expresses concern with the recent delay in the progress of the above proceeding.
As counsel for the Joint Applicants accurately noted, the Intervenor, P.
Lee Hourihan, the NRC Staff and Joint Applfcants entered into and filed a Stipulation of Parties Regarding Contentions and Discovery on December 12, 1980.
The parties agreed that the contentions set forth in Appendix A to the Stipulation were acceptable for litigation, but that they were unable to.
agree on the acceptability of the contentions set forth in Appendix 8 to the Stipulation.
On December 19, 1980, the NRC Staff and Joint Applicants filed their respective statements of position regarding the contentions set forth in Appendix B to the Stipulation.
The Board, in its order of January 6, 1981, offered the Intervenor an opportunity until January 20, 1981, to respond to the NRC Staff and Joint Applicants'osition statements.
On or about January 20, 1981, the NRC Staff was contacted by the Intervenor regarding affording her a ten-day extension of time in which to file her response to the position statements.
The Intervenor indicated that the Joint Applicants had already agreed to the extension.
The hRC Staff agreed to the requested extension and agreed with the Intervenor to notify the 1!oard that the Intervenor intended to promptiy~S s D
.0 ogg NRC FORM 318110,80I NRCM 0240 OFFICIAL RECORD COPY
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4 file a motion requesting the ten-day extension.
As agreed, the NRC Staff informed the Board of the telephone conference with the Intervenor and that the Intervenor indicated that she would promptly file a motion for a ten-day extension in which to file her response to the NRC Staff and Joint Applicants'osition statements.
As of the date of this letter, the NRC Staff has not received a copy of a motion requesting a ten-day extension, or the Intervenor's response to the NRC Staff and Joint Applicants'osition statements.
The NRC Staff agrees with the conclusion of the Joint Applicants that the Intervenor has not filed nor intends to file a response to the NRC Staff and Joint Applicants'osition statements.
Accordingly, the NRC Staff also urges that this Board proceed in the absence of a response from the Intervenor and issue its order identifying the Intervenor's contentions which are to be litigated in this proceeding and approving the discovery schedule set forth in the Stipulation.
Sincerely, Henry J. t!cGurren Counsel for NRC Staff cc:
Arthur C.,Gehr, Esq.
Charles Bischoff. Esq.
tls. Lee Hourihan Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section Dist NRC Central Shapar/Engelhardt Reis Chron(2)
ASchwencer LPDR Christenbury/Scinto McGurren FF(2)
JKerrigan OFFICK)
SURN*MEJ j
Oarag OELD HcGurren m
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