ML19241A872
| ML19241A872 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 06/08/1979 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7907100674 | |
| Download: ML19241A872 (4) | |
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,bggi 79 UNITED STATES OF AMERICA G.S.fgj NUCLEAR REGULATORY COMMISSION
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N ATOMIC SAFETY AND LICENSING BOARD j
y, In the Matter of
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HOUSTON LIGHTING AND
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Docket Nos. STN 50-498 OL POWER COMPANY, ET AL.
)
STN 50-499 OL
)
(South Texas Proj ect,
)
Units 1 and 1)
)
MEMORANDUM AND ORDER (June o, 1979)
In our Prehearing Conference Order of April 3, 1979 (LBP-79-10), we indicated that further particule.rization and rewrit:ing, and in some cates further information, was called for with respect to various contentions of CCANP and CEU.
We suggested that those parties might wish to seek the assistance of the Staff and/or the Applicants and to attempt to reach agreement on the wording of various contentions.
And, as modified by our Order of April 30, 1979, we called for a report on these matters by May 29, 1979.
By letter dated May 29, 1979, the Staff submitted a report on behalf of itself, CEU and CCANP.
It stated that, on May 9 and 10, the Staff and Applicants had met with the representatives of CEU and CCANP, respectively, that tenta-tive agreement was reached on scme contentions, and that 485 221 7907100[/p g
., CEU and CCANP would attempt to supply additional information about other contentions.
The Staff reported that both CEU and CCANP would redraft the contentions in dispute and for-ward them to the parties for their review and comment.
Finally, the Staff, on behalf of itself, CEU, and CCANP, expressed the belief that additional time should be allowed by us for further discussions and negotiations whi h might lead to a stipulation among the parties as to the language of the contentions.
It sought a reporting date of July 2, 1979, for this purpose, commenting that this schedule would not cause undue delay in the schedule of the proceeding inasmuch as the fuel loading date is currently estimated to be November, 1981.
\\s suggested by the Staff, CCANP and CEU each came forward with reformulated contentions (dated or served on May 24 and May 29, respectively).
The Ap,licants submitted a report of negotiations on May 25.
On June 5, they filed a letter in opposition to the Staff request for additional time to consider the contentions, and they also filed a response to the contentions of CCANE and CEU, opposing all of them except those as to which, they reported, agreement had been reached.
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. - We are not is convinced as the Applicants about the invalidity of all contentions as to which agreement has not been reached.
While many of them may include defects (tech-nical or otherwise), there may also be matters of cubstance therein for which adjudication is warranted.
Given the flexibilities of administrative adjudication, and the poten-tial safety or environmental significance of some of the issues, we do not believe that cutting off negotiations at this time would be advisable.
Moreover, in any event, we would not rule on che admissibility of the non-agreed con-tentions prior to receiving the Staff's views thereon.
Finally, although we appreciate the Applicants' desire for greater certainty in their planning efforts, we find this desire to be out mighed by the public interest in thorough examination of issues which potentially could have signif-icant safety or environmental implications, coupled with the extended period of time prior to projected fuel loading.
Accordingly, the Staff's request for additional time to consider contentions is eranted.
The Staff is given until July 2, 1979, to file a report as to the status of negotiations on various contentions.
The Applicants are urged to participate in the further negotiations; if they change their position on'any contentions, they may also 485 223
. repcrt to us.
In its report, the Staff mcy wish to present its views on various outstanding contentions.
We also wish the Staff to advise us as to the current projected issuance dates of the draft and final environmental statements and the Safety Evaluation Report and supplements.
All parties are invited to suggest schedules for discovery and hearings in this proceeding.
THE ATOMIC SAFETY AFD LICENSING BOARD J > J,'*
20 llr-v Charles Bechhoefer, pairman Dated at Bethesda, Maryland, this 8th dav of June, 1979.
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