ML19262C318
| ML19262C318 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 01/24/1980 |
| From: | Miller D SENSIBLE MAINE POWER |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19262C317 | List: |
| References | |
| NUDOCS 8002110241 | |
| Download: ML19262C318 (6) | |
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9-l CM[lh'fdf5'M UNITED STATES NUCLEAR REGULATORY CC:CISS1 In the Matter of
)
Docket No. 50-309
)
MAINE YidZZE ATOMIC PC?iER CCEPANY,
)
(To increase anu modify
)
(Maine Yankee Atomic Power Station),)
Spent Fuel Fool Capacity
)
Applic ant. )
and Systems; Compaction)
ME'.ORANDifi IN SUPPORT OF INTERVE:CR'S *<CTION FOR RELOCATION OF SPECIAL PREHEARING CCNFEREICE Factual and Procedural History Intervenor Sensible Maine Power is a not for profit ::aine corporation of so=c 500-plus members devoted to the general goals and purposes of protecting human, environmental and economic in-terests from the har:s and injuries coincident to the operation of nuclear facilities.
Intervenor filed its Petition for Leave to Inter / n in
- 3 matter on November 23, 1979; an Atomic Safety and Licensing Ecard was estat11shed on December 3,1979; and said Ecard issued a " Notice of Special Prehearing Conference" on January 4, 1980, scheduling sait Conference for February 12, 1980, in Bethesda, Maryland.
Intervenor's Co-Counsel Stanley R. Tupper, Esq., (hereinafter
" Maine Counsel"), has worked with Intervenor fro before its incor-poration in the Spring of 1979 to the present; in addition to many other tasks not =aterial hereto, his labors have in primary or significant part includ.. the finding of, cc =unicating en th, and the preparation of scientific experts necessary to developing Intervenor's Specific Contentions herein.
8002110$lk'
Intervenor's Co-Counsel David Miller, (hereinafter " Washington Counsel"), did not undertake any representation of Intervenor until November, 1979, coincident 't/ith his preparation, filing and service of Intervenor's Petition for Leave to Intervene, effected November 23, 1979; his labors have primarily included the preparation of all pleadings herein, together with the legal research and other tasks coincidgnt thereto.
Washington Counsel does not as yet possess any substantial awareness of or expertise in the aspects of nuclear engineering which are or may be raised in Intervenor's Specific Contentions.I Such experts as have thus far stated or deconstratec their willingness to work with./.aine Counsel as probable witnesses herein, and upon whom Intervenor primarily relies, are either resident to or core readily available crithin the Wiscaccet, Maine, area.
In the best knowledge of undersigned Counsel, all Intervenor-Me ers are located within one-half hour travel time of the re-quested hearing situs; Applicant's facility and all Applicant per-nonnel whose functions are or may become material to the issues raisec or anticipated to be raised are similarly, or almost sici-
,arly, so 1ccated.
1945 324 A
On or about Monday, January 21, 1980, undersigned Counsel telephone _t Thomas G. Dignan, Counsel for Applicant, at his office in Boston, Massachusetts.
Upon being informed that Intervenor sought the reloc; tion of this Special Prehearing Conference to 1 This is not to asserc in any way that Maine Counsel is an expert in this area, rather that Maine Counsel is significantly more qualified than Washington Counsel to treat on the issues raised or anticipated to be raised in Intervenor's Specific Contentions, especially with the participation of there-available experts.
2Col. 2:11 Garrett, Stockton 9prings, Maine, approxicatel-f two hours auto transcortation from recuested situs; away.Dr. John Zing'.
and Woolwich, Maine, ~ approximately fifteen minutes
Intervenor's Co-C:unsel David.'. iller, (hereinafter "?!ashington C; uns el" ), did not undertake any representation of Intervenor until
- !cvember, 1979, coincident with his preparation, filing and service of Intervenor's Petition for Leave to Inte: 72ne, effected :Tovember 23, 1979; his labors have primarily included :he praparation of all plaadings herein, together with the legal research and other tasks coincidgnt thereto.
ilashingt ot. Counsel does not as yet possess any substantial awareness of or expertise in the aspects of nuclear engineering which are or cay be raised in Intervanor's Specific Contentions.I Such experts as have thus far stated or deconstrated their willingness to work with.:aine Counsel as probable witnesses herein, and upon whom Intervenor pricarily relies, are either resident to 2
or core readily available within the ?liscasset, Maine, area.
In the best knowledge of undersigned Counsel, all Intervenor-
- Ieubers are located within one-half hour travel time of the re-quested hearing situs; Applicant's facility and all Applicant per-sonnel whose functions are or may become material to the issues raicea or anticipated to ce raised are similarly, or almost sini-larly, so located.
1945 325 On or about Monday, January 21, 1980, undersigned Counsel telephoned Thomas G. Dignan, Counsel for Applicant, at his office in Ecston, Massachusetts.
Upon being informed that Intervenor sought the relocation of this C;ecial Prehearing Conference to 1 This is not to assart in any way that Maine Counsel is an enpert in this aroa, rather that aine Counsel is significantly more qualified than ?lasnington Counsel to treat on the issues raised or anticipated to be raised in Intervenor's Specific Cont entions, especially with the participation of there-available experts, p' Col. 2:11 Garrett, Stockton Springs, Maine, approxicately two hours auto transnortation frc= recuested situs; away.Dr. John :'ing.
and
?!oolwich, ':aine,' approximately fifteen minutes
?!iscass e t, ::aine, ::r. Dignan stated tnut he hac no objection to the same.
Twc ce=bers of this Board, Robert :{. Lano, Esquire, Chairman, and v.r. Gustave A. Linenberger, are resident to and employed in the Washing:cn arco; one cember, Dr. Cs;et :i. Hand, Jr., is resi-dont to and employed in California.
Last, while Intervencr continues vicerous efforts towards catablishing and aintaining a sui.icient fund to cc=pencate at least its potentiC ititnesses in this proceeding, Intervencr cur-rently lacks sufficient funds to effect the attendance of all neces-cary ersons at any Special Prehearing Conference held in the
,lachington area.
Argu=ent Intervencr urges that, under the facts and circumstances pre-cented herein a satisfactory showing is made and sufficient reasons precented to relocate the Special Prehearing Conference from Bethesda,
- iaryland, to -lliscascet, ::aine.
Appendix A of the Corniscion's Rules 3
and 2cGulationc specifies in pertinent part:
In fixing the ti..:e and place of any conference, includ-ing prehearing conference.
. due regard chall be had for the convenience and necessity of the parties, petitioncrc for leave to interv:ne, or the re,resentatives of such per-cons, as well as of the Board memcers, the nature of cuch conference... an; the public interest.
1945 326 The nature ans ;uracces of the Special Prehearing Conference are set forth in several places, including 10 CFR 5751a, 10 CFR 9714, and in the ";:ctice of Special Prehearing Conference" by 30thernise, 10 CF2, Appendin A, Part I(b): " Statement of General Policy and Procedures", 10 CFR at 1C2-103, in Vol.
- 1.
the last order of this Board, per Robert M. Lano, Esquire, Chair-
- can,
(" Notice", paragraph 3.,
at page 3).
Such stated purposes include at least:
(1) The identifica-tion of all hey issues thus far developed in these proceedings; (2) The taking of any steps necessary towards the further identi-fication of issues herein, whether yet fully developed or other-Ilice; (3) Consideration of Petitions for Intervention and related matters; and (4) Establish ent of a schedule for further proceed-ings in this matter."
Under the facts and circu= stances here presented such goals and circu= stances will be far better served by holding the Special Prehearing Conference in this matter in Wiscasset, Maine: Given such situs, :!aine Counsel can present and as necessary knowledgeably explain and defend, Intervenors Specific Contentions; Applicant will be better able to present, if and as necessary.to the pro-ceedings, any visit to or participation of personnel frau its fa-cility; further, should Applicant propound any basic challenges against Intervenor's Petition for Leave to Intervene, all neces-sary Member-Witnesses of Intervenor are residenL within on T Be$
32 7 hour8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> of the requested situs.
Beside 3 flire: conduct and increased effectiveness of this Special Prehearing Conference, due process considerations also favor the the relocation of this Hearing from Bethesda, i:arylana, to Wiscasset, Maine : Intervenor is at this time functionally un-able ( for the economic reasons noted) to conduct in the 'iashington araa the same hearing that it can conduct at the requested situs.
"Intervenor does not consider this enumeration jurisdictionally exclusive or exhaustive, ' cut it is at least suf ficient for the purpose of considering this :'otion.
Leternination upon the contentions to be raised by Intervonor snould not, and arguably constitutionally cannot, be made to turn upon Intervenor's economic capacity to transpor Maine Counsel and divers necessary experts to the.iachington, C.
C.,
area.
In summary, all significant interests herain are best servec by the granting of this Motion: Intervenor's are best servec by the holding of a Special Frehearing Conference as to which it possesses sufficient technical support; Applicant's interests are best served by receiving a complete statement of the issues from Intervenor on the bases noted, with technical explanation or clarification, as necessary; and the interests of the Commission are best served by holding the most ef fective and ef ficient Spe-cial Prehearing Conference possible, which same can only and best be had in ?iiscasset, Maine, s
David Santee Miller Counsel for Intervonor 213.". organ Jtreet, :,'. "!.
-r c _ c c. i sasnington, us v.
Telephone:(202)63E-04e3 1945 37'a
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