ML19269C822
| ML19269C822 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 01/18/1979 |
| From: | Axelrad M LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Mccollom K, Mark Miller, Paxton H AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel, OKLAHOMA STATE UNIV., STILLWATER, OK |
| References | |
| NUDOCS 7902140010 | |
| Download: ML19269C822 (5) | |
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LOW EN ST E I Ne NEWM AN, R EIS, AXE Lif A D & TOLL h
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January 18, 1979
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' E mic. 444, sC tb S. waGeet some. cauas Marshall E. Miller, Esq. Chairman Dr. Hugh C.
Paxton Atomic Safety and Licensing Board 1229 - 41st Street U.
S. Nuclear Regulatory Commission Los Alamos, NM 87544 Washington, D.
C.
20555 Dr. Kenneth A.
McCollom, Dean Division of Engineering, Architecture & Technology Oklahoma State University Stillwater, OK 74047 RE:
Portland General Electric Company, et al.
(Trojan Nuclear Plant)
Docket No. 50-344 (Control Building Proceeding)
Gentlemen:
On January 17, Licensee filed with the NRC Staff and provided to the Board and all parties the Report on Design Modifications for the Trojan Control Building (PGE-1020) (the " Report").
In accordance with the Board's directive at the hearing on December 12, 1978 (Tr. 2650-52), such filing by the Licensee initiates the second phase of this proceeding (Phase II) during which the Board will consider the following issue:
whether the scope and timeliness of the modifications proposed by Licensee are adequate from a safety standpoint.
The Board has thus far prescribed two items of the schedule for Phase II:
(1)
That formal discovery began with the filing of the Report (January 17) and will end 60 days thereafter (March 18); and (2)
That intervenors will submit their con-tentions within 30 days (by February 16).
In order that the Board may be able to rule promptly as to the admissibility of any contentions filed by the intervonors, Licensee suggests that a prehearing conference 7 9 0 214 0 Olo
- LOW ENMT EIN, N EW M A N. R Er s. A xE Lur o & To t.L Page Two be scheduled approximately two weeks after such filing, i.e.,
at a date convenient to the Board during the week of February 26.
At such prehearing conference the Board will also be able to consider and determine other scheduling matters and any additional procedural matters raised by any party.
For the convenience of the Board and the parties, we enclose a Proposed Schedule for Phase II of the proceeding.
Under our proposal:
(1)
All parties would pre-file prepared testimony within two weeks after close of discovery, i.e.,
by April 2.
(2)
The evidentiary hearing would begin on April 17.
(3)
It is obviously not possible to predict with certainty the length of the hearing.
In view of the extensive record that has been developed in Phase I of this pro-ceeding as to the seismic capability of the existing Complex and other basic background information, however, Licensee does not believe that more than about 7 hearing days should be required.
Accordingly, it is reasonable to expect that the hearing could be concluded during the week of April 23, say by April 25.
(4)
Proposed findings of fact and conclusions of law would be filed by all parties two weeks after the close of hearing, say by May 9.
(5)
The Board would issue its Initial Decision approximately three weeks after the parties' filing, say by May 30.
In connection with the proposed schedule, we would like to point out that informal discovery has been con-tinued even during the period preceding January 17 in that Licensee has kept open to the intervenors the Discovery Room that it maintains at its headquarters in Portland.
As the Board will recall, the Licensee has continuously made documents pertinent to this proceeding available at this Discovery Room since July 27, 1978.
The intervenors have, in fact, utilized the Discovery Room on a number of occasions between December 14, 1978 and January 17.
LOWENSTEIN. Newx Ax, ret % AXELRAD & Tott Page Three In addition, Licensee is currently reviewing all of the interrogatories that it received during the earlier phase of this proceeding and will update promptly its responses to any interrogatorieG that relate to Phase II.
Licensee believes that the overall schedule it is proposing provides ample opportunity for all parties to prepare for the evidentiary hearings and is consistent with the Commission's July 7, 1978, directive that the Board " proceed expeditiously, consistent with arriving at a sound decision."
As the Board will note, the Report indicates that implementation of the proposed modifications will require approximately six months (Section 4, Fig. 4-1).
The conduct of evidentiary proceedings on a timely basis is an essential element of undertaking and completing the modifications of the Control Building at the earliest practicable date.
Very truly yours, n
i h w%'
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Maurice Axelrad MA/lb
Low t N sT e r n. N ew x A N. R e t s. A x e tna o & To tt January 18, 1979 Proposed Schedule Phase II - Trojan Control Building Proceeding January 17 Licensee files report on proposed modifications.
Discovery begins on Phase II.
February 16*
Intervenors file contentions.
Week of February 26 Prehearing Conference.
Board rules on contentions, schedule and any additional procedural matters.
March 18*
End of discovery.
April 2 All parties pre-file prepared testimony.
April 17 Evidentiary hearing begins.
April 25**
Evidentiary hearing ends.
May 9**
All parties file proposed findings of fact and conclusions of law.
May 30**
Estimated date for issuance of Initial Decision.
Board has prescribed that contentions be filed 30 days after Licensee files its report and that discovery ends 60 days after Licensee files its report (Tr. 2650-52).
These are estimated dates necessarily dependent upon the actual period required for the evidentiary hearing.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSICN BEFORE THE ATCMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PORTLAND GENERAL ELECTRIC COMPANY,
)
Decket No. 50-344 et al.
)
~~
)
(Control Building Proceeding)
(Trojan Nuclear Plant)
)
)
CERTIFICATE OF SERVICE I hereby certify that on January 18, 1979, I served copies of a letter from Maurice Axelrad to the Atomic Safety and Licensing Scard, dated January 18, 1979, by pl. acing a true copy of said document in a sealed envelope with postage fully prepaid, in the United States mail at Washington, D.
C.,
addressed as follows:
Marshall E. Miller, Esq., Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ccmmission U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D.
C.
20555 Dr. Kenneth A. McCollom, Dean Docketing and Service Section Division of Engineering, Office of the Secretary Architecture & Technology U.S. Nuclear Regulatory Cctmissicn Oklahoma State University Washington, D.
C.
20555 Stillwater, OK 74074 (Original & 20 copies)
Dr. Hugh C. Paxton Columbia County Courthouse 1229 - 41st Street Law Library, Circuit Court Room Los Alamos, NM 87544 St. Helens, OR 97051
Joseph R.
Gray, Esq.
Atomic Safety and Licensing Counsel for NRC Staff Appeal Scard U.
S. Nuclear Regulatory Ccnmission U.
S. Nuclear Regulatory Ccmmission Washington, D. C.
20555 Washington, D.
C.
20555 Ms. Nina Bell Robert M.
Johnson, Esq.
632 S.
E.
18ch Street Assistant Attorney General Portland, OR 97214 100 State Office Building Salem, OR 97310 H.
H. Phillips, Esq.
Vice President-Corporate Counsel Mr. Eugene Resclie Portland General Eiectric Co.
Coalition for Safe Power 121 S.
W.
Salmon Street 215 S. E.
9th Avenue Portland, CR 97204 Portland, OR 97214 Mr. Stephen M. Willingham Columbia Environmental Council 555 N. Tomahawk Drive P.
O.
Box 611 Portland, OR 972i7 St. Helens, OR 97051 Mr. John A.
Kullberg Mr. David B.
McCoy Route 1, Box 2500 348 Hussey Lane Sauvie Island, OR 97231 Grants Pass, OR 97526 Ms. C. Gail Parson John H.
Socolofsky, Esq.
P.
O.
Box 2992 Assistant Attorney General Kodiak, AK 99615 100 State Office Building Salem, OR 973i0 Dr. Harold I.
Laursen 1520 N.
W.
13th William Kinsey, Esq.
Corvailis, OR 97330 Bonneville Pcwer Administration P.
O.
Bcx 3621 Portland, OR 97208 O
lTthw_c ML M(
LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, NW Washington, D.
C.
20036 (202) 862-8400