ML19206A234
| ML19206A234 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/16/1978 |
| From: | Duflo M NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| NUDOCS 7904180416 | |
| Download: ML19206A234 (6) | |
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UNITED STATES OF AMERICA pN gs?
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ATOMIC SAFETY 2 9 LICENSING APPEAL BOARD k
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9 Alan S.
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Iag Jerece E.
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In the Matter c
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METROPOLITAN EP i CCMPANY, et al.
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Decket No. 50-320
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(Three Mile Is:
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Unit No. 2)
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MDiORANDCM AND ORDER August 16, 1978 This 3 card today held a second telephcne conference with the parties te this operating license proceeding.
The principal purpose of the conference was to continue the discussion respecting the scheduling of the further evidentiary hearing on the aircraft crash probability issue called for by ALA3-486, 9 NRC (July 19, 1973). :/
During the course of the conference, counsel for the applicants and the NRC staff cutlined the steps which are bein7 taken bv. their res=.ective clients cc chtain the data 1/ The scheduline natter had been preliminarily discussed in a tes,ephone conference en suly 2 /,
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Scard's mencrandum issued on that date.
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specified in ALA3-486 (slip Opinion, pp. 72-76), as well as indicated seme of the difficulties which have been encountered in that regard.
It is the present assessment of counsel that, in the exercise of due diligence, it will not be possible to complete the preparation of their written tectimony much (if at all) prior tc the end of October.
Having been given no reason to questien this assessment, the Scard indicated that it would establish October 30, 1973 for the filing of prepared testimony.-2/
as the deadline As the parties had been advised in the earlier tele-phone conference, the Scard believes that it is imperative that the prepared testimony be filed and served at least three weeks prior to the start of the evidentiary hearing, so as to insure adequate advance opportunity for its study by the other parties and the Scard.
Accordingly, it is the present intentien of the Scard to schedule the ccm-mencement of the hearing for Monday, November 27, 1973 in Harrisburg, Pennsylvania.
As scen as the Scard hac absciute
__2/ It is the impression of the 3 card tna neither the intervencrs (Citizens for a Safe Environment and York Committee for a Safe Environment) nor the Ccmmenwealth of Pennsylvania proposes to submit affirmative evidence.
Should they decide to do so, however, the Cctober 30 filing deadline is to be cbserved by them as well.
In the event that a party shculd encounter unexpected difficulties which might = peril its ability to file its prepared testimony by Cctober 20, this Scard is te be promptly so advised, t's
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- A r.. L assurance that all prepared testimony will be filed and served by October 30, it will enter an order firmiv. estab-lishing the commencement date and the precise Harrisburg location.
The representative of the intervencrs raised a ques-tien respecting whether the Scard =ight retain at public expense an independent expert for the purpose of evaluating the data cc= piled by the applicants and the staff and then testifving at the hearin~ as (cresumablv. ) a Board witness.
v The Scard expressed some doubt regarding both its authority to undertake that step and, assuming such authority existed, the justification for doing sc.
The intervencrs' represen-tative was informed, however, that he was free to file a written =ction asking for such relief.
The intervencrs' representative also inquired as to whether he would be c.er=itted to attend any meetinc.s which might be held between the applicants and the staff to dis-cuss the data which they have compiled and the approaches being utilized for the appraisal of those data.
He was informed by staff counsel that, under existing Ccmmission
- e. cliev. o he would be provided advance notice of any such meeting and would be free to attend the meeting if he so desired.
_t was agreed that notice to the representative's v<
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address of record in State College, Pennsylvania wculd suffice unless staff counsel should receive prior word frcs him that correspcndence during a specified pericd should be sent to him at a different address.
Finally, the intervencrs' representative reached an understanding with the applicants' and the staff's counsel to the effect that ccmpiled data would be made available to him before the prepared testimony is filed.
The Scard does not new anticipate that it will be nec-essary to confer further with the parties prior to the recefpt of the prepared testimony on or before Octcher 30.
Should some supervening develcpmet.t in the nterim require a further discussion with the parties, another telephone conference will be scheduled upon due notice.
It is sc CRDERED.
FCR THE APPEAL 3 CARD Nk s>A ra> Y E Mafgryien E.
Du Flo Sectetary to the Appeal Board p,'
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UNITED STATES OF AMERICA NUCLEAR REGULATCRY CO3D!ISSION In the Matter of
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METROPOLITAN EDISON COMPANY,
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(Three Mile Island Unit No. 2)
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CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document (s) upon each person designated on the of ficial service lis t ecmpiled by the Of fice of the Secretary of the Cc= mission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Cocaission's Rules and Regulations.
Dated at Washington, D.
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I Of fied 65 the Seefetary of the Co==ission e
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U !I"'ED STATES OF AMERICA NUCLEA.R REGb'LATORY CC:0!!SSION In the M;tter of
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METROPOLITAN EDISCN CC'C' ANT,
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(Three Mile Island, Unit 2)
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SERVICE LIST Edward Luton, Esq., Chair an Ch'.uncey P. Kepford Atcmic Saf ety and Licensing Board 433 Orlando Avenue U.S. Nuclear Regulatory Co= mission State College, Pennsylvania 16801 Washington, D.C.
20555 Honorable Karin U. Carter Mr. Gustave A. Linenberger Assistant Attorney Gen.ral Atocic Safety and Licensing Board Departnent of Environnental Resources U.S. Nuclear Regulatory Consission 709 Health and Welfare Building Washington, D.C.
20553 Earrisburg, Pennsfivania 17120 Dr. Ernest O. Salo, Prot'essor Miss Ma: / V. Southard Fisheries Research Institute, WE-10 Citizens for a Safe Environment College of Fisheries P.O. Box 405 University' of Washington Earrisburg, Pennsylvania 17103 Seattle, Washington 98195 Counsel for NRC Staff Office of the Enecutive Legal Director U.S. Nuclear Regulatory Connission Was hin g t on, D. C.
20555 George F. Trowbridge, Esq.
Shaw, Pittman, Potts & Trowbridge 1300 "'1" S tr ee t, N.W.
Washington, D.C.
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