ML19256F297

Informs of Minor Change in Schedule for Requests for Findings of Fact & Conclusions of Law.Possibility Exists of Stipulation Between Nrc,Intervenor Ma Wildlife Federation & Applicant

ML19256F297
Person / Time
Site:	05000471
Issue date:	11/12/1979
From:	Herrmann H HERRMANN, H.
To:	Callihan A, Cole R, Goodhope A Atomic Safety and Licensing Board Panel
References
NUDOCS 7912180455
Download: ML19256F297 (2)

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. 3 HENRY HERRMANN ATTOstNEY AT law SC CONGJtESS STREET E 1048)

SOSTON, M ASSACHUSETTS C2109 t6t71 423 8094 November 12, 1979 Andrew C. Goodhope, Esq. Dr. A. Dixon Callihan 3320 Estelle Terrace Union Carbide Corporation Wheaton, Maryland 20906 P. O. Box Y Oak Ridge, Tennessee 37830 Dr. Richard F. Cole gn)17t/ n, Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission

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During the last telephone conference call between the Board and the parties hereto, the Board left it to the parties to formu-late a reasonable timetable for the submission of requests for findings of fact.and conclusions of law as to a partial decision in this case. The schedule, as agreed between the parties, was summarized and circulated by Mr. Barry Smith. Even though the Board entered no order in this regard, we had presumed the Board's consent thereto.

I am writing to you in regard to an agreed upon minor scheduling change concerning the submittals by the applicant, the Staff, and the intervenor, Massachusetts Wildlife Federation, with respect to the latter's contentions. The Massachusetts Wildlife Federation's contentions, as to off-site radiation levels and standards, are not asserted by other intervenors.

As was discussed during the telephone conference call, a reasonable possibility exists of the Staff and Massachusetts Wildlife Federation stipulating to the form and content of re-cuested findings of fact. Due to travel and scheduling problems of counsel for both parties, this has not as yet been determined.

In the meantime, discussions with counsel for the Applicant dis-close that the latter would also be interested in joining in the discussions between the Staff and the Massachusetts Wildlife Federation in order tIo explore the possibility of all three parties stipulating the requested findings of fact.

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Page 2 November 12, 1979 Aluhough all parties of course reserve their rights in this regard, we believe that there is a reasonable possibility of such a stipulation being achievable. It wculd obviously be in the interests of judicial economy if proposed findings of fact as to the Massachusetts Wildlife Federation's contentions were submitted in uncontested form by all three parties having standing therein.

Counsel for the Staff, the Applicant, and the Massachusetts Wildlife Federation have scheduled a " tripartite" conference for Monday, November 19, the earliest day when all counsel cre available. The Massachusetts Wildlife Federation had until November 12 to submit its pleading; an extra three days ac rued since the Applicant's pleading was served by mail and nor by hand as originally contemplated, which would bring the due date to Thursday, November 15. Because of the proposed meeting on the 19th, the Staff, Applicant, and the Massachusetts Wildlife Federation have agreed to modify our voluntary schedule c previde four business days following the meeting for the Massachusetts Wildlife Federation to file its pleadings, i.e., on Friday, November 23, 1979.

I have been authorized by counsel for the Applicant and the Staf f to make this communication Oc the Board , and we hope- the Board will have no objection to this agreed upon minor change in our schedule since it is in furtherance of an attempt to signi-ficantly reduce the extent of contested matters between these three parties. .

Respectfully, 4.

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HH/lpn Henry Herrmann Attorney for Massachusetts Wildlife Federation, Inte rvenor cc: Service List D**D *]D N we o Ju 2

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