ML17338B168

Motion to Adopt Prehearing Schedule Commencing on 790830 & to Plan Final Hearing for 791204 in Miami,Fl.Adoption of Schedule Will Assist Parties in Prehearing Preparation & Discovery.Proposed Schedule & Certificate of Svc Encl

ML17338B168
Person / Time
Site:	Turkey Point
Issue date:	09/04/1979
From:	Coll N FLORIDA POWER & LIGHT CO., FLORIDA POWER CORP., STEEL, HECTOR & DAVIS
To:
References
NUDOCS 7910150235
Download: ML17338B168 (12)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMZSSION 8 BEFORE THE ATOMIC SAFETY & LICENSING BOARD In the Matter of ) Docket Nos. 50-250-SP

) 50-251-SP FLORIDA POWER &..LIGHT COMPANY )

) (Proposed Amendments to Facility (Turkey Point Nuclear Generating ) Operating License to Permit Units Nos. 3 and 4) ) Steam Generator Repair)

MOTION TO ADOPT PRE-HEARING SCHEDULE AND TO SCHEDULE FINAL HEARING Pursuant to the provisions. of 10 CFR Sections 2.703(a)(1),

2.730, and the "Notice of Hearing" issued by the Atomic Safety and Licensing Board August 9, 1979 (44 FR 47821), Licensee respectfully requests that the Board issue an Order adopting the proposed Pre-Hearing Schedule attached'o this Motion and schedule the commencement of a Final Hearing for December 4, 1979, in Miami, Florida.

Both Licensee and Intervenor have agreed: to the proposed December 4, 1979 hearing date, but the NRC Staff, has indicated that it is premature to project dates .to. file testimony or for the commencement of a hearing., (See letter dated August 31, 1979 from the undersigned co-counsel for Licensee reporting to the Board, on .the meeting between all parties held August 30, 1979 in Miami, Florida, pursuant to the Board's Order of August 3, 1979.)

However., the NRC Staff'afety Evaluation. for the proposed repairs was. issued May 14, 1979, and copies served on the Board y910a50 zsS

Ik

.and parties May 15, 1979. Similarly, the NRC Environmental Impact Appraisal was, issued and served on the Board and all parties June 29, .1979. Adoption of the .proposed Schedule and scheduling, the Final Hearing, as requested, will assist the parties in pre-hearing preparation, including the conduct of discovery and the filing of prepared written testimony.

Respectf lly submitted, NO A. COLL STEEL HE TOR 6 DAVIS Co-Couns 1 for Licensee 1400 Sou heast First .National Bank Building Miami, Florida 33131 Telephone: (305) 355-2863 Dated: September 4, 1979

II'

~ ~

PROPOSED SCHEDULE TURKEY POINT STEAM GENERATOR REPAXRS LXCENSXNG HEARING Thursday August 30, 1979 parties meet in Miami to discuss contentions, possible stipulations, and set, a schedule fox discovery Friday August 31, 1979 Parties report to Board (ASLB) on meeting of .August 30. All partS.es commence discovery on contentions ruled admissible by Board in Order of August 3, 1979. (Contentions 2,.~

5, 6, 7, 12 and 18).,

Friday September 14, 19 79 Parties simultaneously file and serve statements concerning admis-sibility of'Intervenor' conten-tions filed with Board with report, of August 31, 1979 Tuesday-*/ October 30, 1979 Cut-off for discovery recpxests on contentions ruled admissible by the Board in Order of August: 3, 1979.

Friday .**/ November 16, 1979 File prepared testimony.

• 4'/'uesday

- December 4, 1979 Commence hearing.

All parties agree that discovery on any other contentions ruled admissible by the Board may commence upon issuance of the Board's order so ruling.

• • / Assuming it is consistent with the Board's schedule, both Licensee and Intervenor agree to the proposed December 4 hearing date. The NRC Staff believes to file testimony or'ommence a hearing.

it is premature to project dates ATTACHMENT

'l4 UNITED 'STATES OF AMERICA NUCLEAR REGULATORY COMMISSXON BEFORE THE ATOMIC SAFETY & LICENSING'OARD In t:he Mat:ter of ) Docket Nos. 50-250-SP

) 50-251-SP FLORIDA POWER .

& LIGHT COMPANY )

) (Proposed'mendments to Facility (Turkey Poi;nt,Nuclear Generating ) Operating~ License to Permit.

Units Nos. 3 and 4) ). Steam .Generator Repair)

CERTIFXCATE OF SERVICE I HEREBY CERTIFY that copies of the attached'aptioned

.in the above matter, together with attachment thexeta.,

were served on the following by deposit in the United States mail, first class., properly stamped and addressed, on the date shown below.

Elizabeth. S. Bowers, Esquire Chairman Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Oscar H. Paris Atomic Safety & Licensing Board Panel U.S..Nuclear Regulatory Commission Washington, DC 20555 Dr. David B. Hall 400 Circle Drive Santa Fe, NM 87501 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC,'0555

0 II Atomic Safety 6 Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Mark P.. Oncavage 12200 S.W. 110 Avenue Miami, F.L 33176 Docketing and Service 'Section of the Secretary 'ffice U.S. Nuclear Regulatory Commission Washington, DC 20555 St;even -C., Goldberg, Esquire U. S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, DC 20555 Bruce S. Rogow, Esquire Dean NOVA Law School 3301 College Avenue Fort Lauderdale, FL 33314 Harold F. Reis, Esquire Lowenstein, Newman, Reis, Axelrad a To 1 1025 Connecticut Avenue, NW Washington, DC '20036 ORMAN A. COLL STEEL HE T OR & DAVXS 1400 Sou east First, National ank Building Miami, Florida 33131

'Telephone: (305) 577-2863 Dated: September 4, 1979

e 't' J

Ib

<c ~qg

+

gp.8 RECT~ ~o O

1 UNITED STATES NUCLEAR REGULATORY COMMISSION

,r~

ATOMIC SAFETY AND LICENSING BOARD PANEL Gp WASHINGTON, D.C. 20555 Q

September 4, 1979 Robert M. Lazo, Esq.

Acting Chairman Atomic Safety and Licensing Board Panel U. S. Nuclear P~gulatory COIImissim Washington, D. C. 20555 FLORIDA PCFAER AM) LIGRZ Point Nuclear Generating GNPANY'Turkey Units 3 and 4, Dockets 50-250 (SP) and 50-251 (SP), (Proposed Ammdnts to Facility Operating License to Petit Steam Generator

'Repairs)'ear Bob:

I have considered the total situation in the proposed. Turkey Point:

proceeding and have determined that I must recuse myself Mom the Licensing Board.' cannot apply the objectivity and the impartiality requixed by a member of the Licensing Board Panel. Hy dissenting opinion to the Board.'s Order of August 3, 1979, clear'ly states my position in this matter., I:

therefore recuse mysel fran the Turkey Point Board.

Very truly yours,

~

David B. Hall, lhad~er

~

~

Atomi.c Safety and Licensing Board

~ ~

Panel

1 il I