ML19209D051

Order Vacating NRC 790906 Motion to Postpone Hearing,Denying Intervenors 790913 Motion for Change of Venue & Granting State of or & Intervenors Motion for Extension of Time to Respond to Licensee Motion for Summary Disposition

ML19209D051
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	09/18/1979
From:	Mark Miller Atomic Safety and Licensing Board Panel
To:
References
TAC-08348, TAC-11299, TAC-13152, TAC-8348, NUDOCS 7910190307
Download: ML19209D051 (4)

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1.NITED STXEES OF AFERICA

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NUCLEAR REGULAIORY OCMESSION y*

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In the Matter of

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POKIIAND GEERAL EIECIRIC CMPANY, et al. )

Docket No. 50-344

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(Trojan Nuclear Plant)

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(Control Wilding)

ORDER VACATDE HEARING ON STAFP'S FUTION TO POSIPONE HEARING; DENYING INIERVEBORS FDIION ER CHANGE OF VENUE; GRANTING FDIION OF STATE OF OREDON AND INIERVENORS FOR EXIENSION OF TDE TO RESPOND TO LICESSEE'S FUTION ER SIM4ARY DISPOSI*ICN OF SPECIFIED CWIENTIONS: AND VACATDE OCMENCEEENT OF EVIDENITRY HEAREU AND HEARING SCHEWLE (September 18, 1979) h NRC Staff on September 6, 1979, filed a motion to suspend the hearing in this proceeding. The cmrvncement of the evidentiary hearing on October 10, 1979 was keyed to the ecx pletion by the Staff of its Safety Evaluation Report (SER) by Septeier 7.

The 3ER allegedly could not be completed on that date because there rarained a nunber of unresolved questions between the Staff and the Licensee, which the latter's recent written responses to prior Staff questiens did not satisfactorily resolve. The Staff proposed sending weekly reports to the Board and the parties regarding the resolution of cpen itens and carpletien of the SER, but no date was set for the issuance of the SER.

The Board sua socnte set the Staff's postpenement motien for hearing on September 20, 1979, at the NRC Hearir3 Rocm in Bethesda, Maryland.

In its Order dated Septecber 12 and served telegraphically on that date, the Board questioned whether the present record justified the open-ended suspensien of the hearing schedule. Accordingly, the Staff and the Licensee were requested to produce knowledgeable witnesses at the hearing on the Staff's cocion for postponement, who could testify concerning repeatec delays in the schedule and could make fir:n coccitments regarding unresolved questicns.

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, _.. The Intervenors objected to holding a hearing cn the Staff's postponement notim in the Wash'.ngton, D. C. area, by their notion for change of venue for the scheduled hearing on notion, dated September 13 and received on Septerber 17, 1979. The State of Oregon referred to the Staff's notion for postponement of issuance of the SER in its motion for an extension of time in which to respond to the Licensee's prior untion for stnmary disposition of specified contentions.

The Intervenors by their notion have objected to holding a hearing on the Staff's postponanent notion in Bethesda, Maryland. They have also asserted that the Board ignored the provisicns of 10 CFR, Part 2, Arpendix A, I(b) which provides in part that "[a]djourned sessions of hearings may be held in the Washington, D. C. area if all parties so stipulate."

The Staff's motion and supporting affidavit to postpone the evidentiary hearing tecause of its asserted inability to file the SER on the scheduled date (Seprenber 7) triggered the Board's action. Our motion practice is governed by the provisions of 10 CFR S2.730. Within 10 days after the service of a written notion (15 days for the Staff), a party may file an answer in support of or in opposition to the motion, semmanied by affidavits or other evidence. The moving party has no right to reply, except as pe:mitted by the presiding officer (52.730(c)).

No oral argument will be heard on a notion unless the presiding officer directs otherwise (52.730(d)).

The Staff's postpenement cotion was set for oral argument because the Board believed that it would be helpful to explore the reasons for repeated postpene-ments of the issuance of the SER, and hence of the ccmaencecent of the Phase II evidentiary hearing.

In a previous motion for pcstpcnenent (May 21,1979), the 1133 002

... Staff identified a nunber of matters of high priority which prevented its expert witnesses from cocpleting the Trojan SER.b The Board asked for the production of knowledgeable witnesses at the motion hearing in order to update the progress of work m the SER and to evaluate the priority assigrad by the Staff to the Trojan design modification questions.

Althcugh such oral argurent and hearing on the Staff's motion muld be useful and would provide more rather than less informtion to the interested public, it is not essential for the Board's ruling on the Staff's motion.

In the interest of conservation of resources of this Board and the Appeal Board, as well as the parties, we do not censider it necessary to hold a herW cn such a motion in Portland, Oregon, as requestcd by the Intervenors. khatever factual information may be recuired for future scFadulirg purposes can be supplied by such " affidavits or other evidence" as the parties may deem appro-priate (10 GR 52.730(b), (c) and (d)). We do not consider that the Intervenors' citation of Appendix A, I(b) is apt because that section refers to "adjourred sessiens of hearings," which are quite different frcm discretionary oral arguments cr testi::cny related to motions. However, the reschtion of that issue involving the interpretation of rules of practice and Appendix A is not worth the tim and expense inwlved. Accordingly, the hearing and oral argument on the Staff's postpcnerent motien now scheduled for Septaser 20, 1979, is hereby rescinded.

1/ e accident at Ihree Mile Island, the shutdcwn of five facilities because of Th analytical errors in pipe stress analysis codes, a Msf 3, 1979 incident at tro Oyster Creek facility, and certain unresolved generic safety questions of very high priority (Motion for Postponerent dated May 21,1979, pp. 2-5).

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. It is quite apparent that until the SER is actually issued by the Staff and served on the parties, there can be no tenninacion of discovery, filirs of prefiled testimony, notions for smn'f disposition, nor scheduling or ccamence-ment of the evidentiary hearing on Phase II. Therefore, all prior Orders relating to schedules or ccumencement of evidentiary hearing are hereby rescinded.

The motion of the State of Oregon for an extension of time in which to respond to the Licensee's motion for smmry disposition of specified contentions, concurred in by the Intervenors, is granted, and time is extended to 14 days following service of the SER and cocpletion of discovery among the parties.

IT IS SO Um htu.

FOR THE ATCtEC SAFEN AND LICENSING BOA @

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<L Marshall E. Miller, C W m n Dated at Bathesda, Magland this 18th day of September 1979.

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