ML18044A627
| ML18044A627 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 02/29/1980 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 8003130004 | |
| Download: ML18044A627 (2) | |
Text
In the Matter of UNITED STATES OF fililERICA NUCLEAR REGULATORY COMMISSION THE ADMINISTRATIVE LAW JUDGE
)
CONSUMERS POWER COMPA.i.'l'Y
)
Docket No. 50-255
)
License No. DPR-20 (Palisades Nuclear Power Facility)
)
(Civil Penalty)
MEMORANDUM A.i\\TD ORDER (February 29, 1980)
A telephone conference was conducted on February 25, 1980 among counsel for Consumers Power Company, counsel for the NRC staff and myself to consider the timing and need for a pre-hearing conference.
Counsel for the parties stated that there is no immediate purpose to be served by a prehearing conference.
Counsel for the licensee stated that the licensee is proceeding with discovery.
Since then, licensee's first round of in-terrogatories and document requests has been served.
The.Commission's Notice of Hearing dated January 17, 1980 requires that a prehearing conference be held.
At least one prehearing conference is anticipated by the Commission's rules.
Usually discovery is not authorized until after the first prehearing conference.
In the case of a hearing on the application for a construction permit or operating license, discovery cannot commence until after provided for under 10 CFR §2.75la.
I
2 -
In this proceeding the broad issues have already been identified by the Notice of Hearing and by the licensee's answer to it. Specific issues may be inferred from licensee's discovery requests.
Therefore I agree with the parties* that there is no immediate practical need for a prehearing con:..
ference.
The conference will be more productive following responses and objections, if any, to the first-round discovery requests.
In the meantime, to remove any doubt about whether the parties may discover, discovery is authorized by this order.
Beginning April 1, 1980 the parties shall report each month on the status of discovery and other prehearing events.
Bethesda, Maryland February 29, 1980 A~
Administrative Law Judge -