ML19273B199
| ML19273B199 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 03/15/1979 |
| From: | Cole R, Ferguson G, Goodhope A Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7904030086 | |
| Download: ML19273B199 (45) | |
Text
f (3:
,n NUCLEAR REGULAICRY COcCSSION
- Ec c%e t No. 50-549 NEW YORK STATE DEPARTIE2iT OF PUBLIC SERVICE and
- Case No. SCCC6 P'-
NEW YOR's STA*E ECARD ON ELECTRIC GENERATICN SIT *'.iG A2iD TEE E2WIRCZeiT PCWER AUTEORI"Y OF THE STATE OF NEW YORK k
(Greene County Nuclear Pcwer Plant)
PREHEARING COITFERENCE 9
?,
a Place:
Albany, New York Date:
March 15, 1979 Pages:
Mi SESSICli J-21553 - J-21597 P.u. w_.ec v.4 c
t w
P A A 5 0 tf 7 A I?0 37;N G S E R V ! C I.
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,U s t:C S t t VIC E C D MISSION 44.gCW A A D STR EET. ALJANT.
- 4. 7.
11:37
2-JMC/RWH/jmc//ra Case No. 80006 and Occket No. 50-549 J-21553 1
UNITED STATES NUCLEAR REGULATORY CCMMISSICM 2
3 IN THE MATTER 4
of the 5
POWc'.R AUTHORITY OF THE STATE OF NEW YORK (Greene County Nuclear Power Plant) - Cocket No. 50-549 6
7 and g
NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE 9
AND NEW YORK STATE SCARD ON ELECTRIC GENERATION 10 SITING AND THE ENVIRONMENT 11 IN THE MATTER 13 of the 14 PCWER AUTHORITY OF THE STATE OF NEW YORK - GREENE COUNTY NUCLEAR GENERATING FACILITY Application for the PCWER AUTHORITY OF THE STATE 16 OF NEW YORK for a certificate of environmental compatibility and public need to construct a
17 1200 MW nuclear generating facility at Cementon, Greene County - Case No. 30006 19 MINUTES OF PREHEARING CONFERENCE held at the Offices of the Commissica, Agency
,,1 Building 43, The Governor Nelson A.
Rockefeller Empire State Pla a, Albany, New York, en Thursday, March 15, 1979, ccmmencing at 9 c'cicck a.r..
P 4 49CNT R EPCNTING S ERVICE. INC.
J-21554 1
SEFORI:
2 AND REW C. GCODHCPE, Chairman, Atcmic Safety L 3
Licensing Board, U.
S.
Nuclear Regulatory Commission 4
RICHARD F.
CO LE, Member, Atomic Safety 5 5
Licensing Board, U.
S. Nuclear Regulatory Commission 6
GEORGE A.
FERGUSCN, Member, Atcmic Safety &
7 Licensing Board, U.
S. Nuclear Regulatory Commission 8
EDWARD D. COHEN, Administrative Law Judge, New York State Department of Public Service g
Presiding Examiner 10 DONALD F.
CARSCN, Asscciate Examiner, New York State Department of Environmental gg Conservation 12 APPEARANCES:
13 For the PUBLIC SERVICE COMMISSION STAFF:
14 MICHAEL FLYNN, Staff Counsel NANCY SPIEGEL, Staff Counsel 15 Agency Building #3 The Governor Nelson A.
Rockefeller 16 Empire State Plaza Albany, New York 12223 37 cr UNI m S M S NUCLEAR EGUTORY CCMMISSE 18 GUY CUNNINGHAM, Assistant Chief Hearing 19 Counsel I
0*
"O Washington, D.C.
20555 21 22 I
i A)
PansoNT RaPontf No Samvict. INc.
J-21555 1
APPEARRICES:
(Cont'd.)
2 For PCWER AUTHORITY OF THE STATE OF NEW YCRX:
3 LEWIS R. BENNETT, Assistant General Manager, General Counsel
,=
VITO J. CASSAN, Assistant General Counsel 5
CHARLES M. PRATT, Senior Attorney EDGAR K. SYHAM, Attorney 6
GERALD C. GOLDSTEIN, Attorney 10 Columbus Circle 7
^ ^
^
9 PHILIP H. GITLEN, General Counsel 50 Wolf Road 10 Albc.ny, New York 12233 Sy:
CARL G.
DWO R'<IN, ESQ.
DAVID A. ENGEL, ESQ., of Counsel For GREENE COUNTY & ASSCCIATED MUNICIPALITIES :
13 LORETTA SIMON, Environmental Planner Greene County Planning Department g
Box 514 Cairo, New York 12413 15 For LEHIGH PORTLAND CEMENT COMPANY:
16 DE GRAFF, FOY, CONWAY, HOLT-HARRIS &
g MEALEY 90 State Street 18 Albany, New York 12207 By:
ALGIRD F.
- WHITE, JR.,
ESQ., of Counsel 19 20 l
21 02 03 p.asest armari~a scaveca. i~c.
J-21556 1
_P _R _O _C _E _E _D _I _N _G _S 2
CHAIRMAN GCOCHOPE:
Gcod =crning. The 3
hearing will be in order.
4 This is a continuation of a prehearing 5
conference commenced yesterday before the Atomic Safety 6
& Licensing Board in the matter of the Power Authority 7
of the State of New York, Docket No. 50-549 and also 8
before the New York State Department of Public Sersice
~
S Board on Electric Generation Siting and the Envircnment 10 Case No. 80006.
11 I see there are probably some changes in 4'
1*-
appearances of Counsel, so could we have those IU appearances on the record at this point, please?
14 MS. SPIEGEL:
For the Department of 15 Public Service, Nancy Spiegel and Michael Flynn.
16 MR. ENGEL:
For the Department of I7 Environmental Conservaticn, David Engel and Carl G.
I8 Dworkin.
I9 MR. LEWIS:
For the NRC Staff, Steve
~d Lewis and Guy Cunningham.
al MR. PRATT:
For the Applicant, the Power nn Authority of the State of New York, I am Charles M.
f 23 Pratt.
With me today is Edgc K.
3yham.
I note for i
i I
l PaascNf REPCMTING SERvtCE. INC-
2,1 J-21557 1
the record the appearance of Lewis R.
Pennett, Vito J.
3 Cassan and Joe C.
3 CHAIRMAN GC'ODhCPE:
Any other 4
appearances?
5 (No response.)
6 CEAIRMAN GCODHOPE:
All right, thank 7
you.
8 Well, the first order of business, 9
Judge Cohen has a ruling which I think he wishes to 10 put on the record at this time.
11 JUDGE COHEN:
Miss Spiegel, yesterday I'
~
you requested me to direct PASNY to present it-13 emergency procedure evidence in advance of its rebuttal 14 evidence.
15 I reviewed the ruling, and I agree with 16 you that it is subject to pcssible interpretaticn that 17 you offered yesterday, namely, that after the then 18 pending District Court action be concluded, that PASNY 18 would be recuired to present the material.
"O Regardless of whether your interpretation I
al As correct or an interpretation that I might give it, en
~~
I see no pcint to be served by recuiring PASNY to 4
l
^3 present that material new while we're in the phase of Psnsomt REPORTf NG SENvlCE. INC.
2-2 J-21558 4
1 the case involving the presentatienof evidence by 2
other parties, so I adhere to my interpretation 3
of that ruling, that PASNY =ay present its emergency 4
planning procedure evidence with its. rebuttal case.
5 MS. SPIEGEL:
Your Honor, that presumes 6
that there will be rebuttal evidence permitted to be 7
filed in this case.
8 JUDGE CCHEN:
Certainly there will be 9
rebuttal, even if it includes only the emergency 10 precedure evidence.
11 Perhaps I ought remind the parties on l'
~
the record, you will recall that the emergency procedur a
13 isue is one that will not be heard jointly.
The ASLB 14 ruled tttt that was a matter that they would hear as 15 part of their health and safety hearings.
16 CHAIRMAN GCCDHCPE:
Well, when we 1
adjourned yesterday, we made a suggestion to you all 18 to attempt to arrive at some sort of a solution to the 19 problem we have on proceeding en April 2nd with our 20 hearings.
- 1
~
Has any progress been made on that as en to what we can agree on that we're going to proceed
- 3 with on that date?
P AmsoNT REPCRTING $ERv8CE. INC.
2-3 J-21559 c
1 MR. PRATT:
Chairman Gcodhope, over the 2
evening's break, we have reviewed the topics, 3
particularly the enes that were discussed yesterday, 4
but we haven't limited cur review to just the enes 5
that we had discussed yesterday as possible early 6
toolcs.
7 We have reviewed them from the point of 8
view cf what panels, what topics are, practically 9
speaking, ready to be cross-examined at this time.
10 One of cur prime considerations was that 11 on certain topics such as terrestrial ecology and 12 several others that we talked about yesterday, there 13 are a number of interrogatories that have not yet been 14 responded to and there appear to be a number of areas 15 where there is dispute between the parties as to the 16 appropriateness of answering interrogatories.
3 17 We have picked five topics that we 18 believe will be ready en April 2 to commence the hearing 19 and we have prepared a one-page piece of paper which "O
contains the topics, and I would suggest and ask al permissicn to have that paper distributed at this time, en CEAIRMAN GCCCHCPE:
Please do.
'3 I
MR. PRATT:
While we are distributin:
PansCNT REPCRTING 3ERVICE. INC-
J-21560 e
I this table, let me say breifly what it is.
It is a 2
proposed sequence of topics.
It lists next to the 3
number one through five our name for the topics.
4 The first one is Alternate Scurces of 5
Power, and at a suggestien of the parties yesterday, S
we have combined under that heading Waste Heat, which 7
we treated as a separate subject.
It was my under-8 standing that the concensus yesterday was that Waste 9
Heat was more properly heard as a part of Alternate 10 Sources of Pcwer.
11 We have also listed under each of the 12 topics our understanding of the contentions, the l
contentions in the proceeding before the Licensing 14 Board, that each topic would include.
This listing 15 of contentions was taken from several sources, 16 primarily from the NRC's letter o f February 9,
- 1979, 17 as added to by the Power Authority's own concepticn of what goes into that panel.
19 Just to make sure that we are clear, 20 we listed contentions under each panel that the 21 Authority and the NRC Staff agreed should go into that e,
~~
area, in other words, where the February 9 letter and 23 the Authority's cwn presentation of prefiled direct l
l Paaso~r aucatmo scavice. tac.
J-21561 a
1 testi=cny in the prior phase of this case, where they o.
agreed that a certain contention would be an alternate-3 source-of-power contention, and we added to that list 4
cf agreed contentions the enes that the Power Authority 5
had listed in. ins prefiled testi=cny.
6 As I mentioned yesterday, our purpose 7
in listing these contentions is not to have-a 8
centroversy as to which centention should be in er cut, 9
but rather it is our feeling that we ought to be 10 precise about which contentions are going to be 11 covered where, and we would be open to discussion as 12 to whether a particular centention should be covered 13 in Alternate Sources of Pcwer cr someplace else.
14 In any event, we have listed cententiens.
15 We have also discussed briefly the assumptions that we 16 have made or the factual underpinning that we have had 17 for making the selection of these five topics, and I 18 think at this time the dccument has been handed to the 19 Boards and to everycne else.
20 CHAIRMAN GCCOHOPE:
Do all the parties
- 1 have a ccpy of this dccument?
)
en t
. Ls. r --.n.. S yos.
23 CEAIRMAN GCCCHCPE:
Did I understand I
i l
p...eur n erenvi~a s e=vicr. i~c.
l
i.
t J-2.7.: 6.7 i
1
- v. o u, Mr. Pratt, to sav. that the NRC Staff has agreed with this approach?
3 MR. P RATT :
No, we have given it to the.m 4
this morning, but just a few minutes before this.
5 CHAIRMAN GCODHCPE:
All right.
If I 6
may interrupt here, I see two more Counsel have 7
appeared.
Would you state your appearance for the 8
record?
8 Mr. White?
10 MR. WHITE:
Thank you, your Honor.
I 11 apologize for being late.
For Lehigh Portland Cement 12 Company, the firm of DeGraff, Foy, Ccnway, Holt-Harris 13 and Mealey by Algird F.
- White, Jr.,
of Counsel.
14 MS. SIMON:
For Greene Ccunty, et al, 15 Loretta Simen.
16 JUDGE CCHEN:
Mr. White, in connection 17 with the four witnesses you mentioned that Lehigh would 18 be presenting -- you mentioned them yesterday -- is 18 that testimony to be in the form of a panel presentatic:
Z cr separate bits of testimony?
"1 MR. WF.ITZ:
That is a panel I
ne your Ecnor.
presentation, i
13 JUCGI COHEN:
Thank you.
I f
I I
i p...c~r armari~a scavies. i~c.
I
a.
I V"4.,DQ 1
MR. PRATT:
If I could just add one 2
more sentence to my explanaticn of tha proposed 3
sequence of tcpics paper, in some cases subjects --
4 and I believe that terrestrial ecolcgy is one that we 5
had talked about yesterday -- in sc=e cases the 6
interrogatories are due to be responded to only one or 7
two days prior to the April 2 start of hearings, and 8
we feel very strongly that we shculd be given a 8
reasonable amount of time, as long as possible, at 10 least a week, to review the entire a= cunt of material 11-before we have to begin cross-exami. ing on it, so the 12 reason for selecting these topics was that these topics, 13 as far as we could tell from our c.uick review vesterdav.
14 and last night -- these topics will be en April 2 15 ready and ccmplete and ready to go forward on.
16 CHAIRMAN GCCCEOPE:
Which parties have 17 witnesses on these issues?
Is it just the NRC, or are 18 there any other of the parties who have witnesses 19 appearing cn this subject matter?
a0
.v.S.
c-re.ecer.
.v.
C.w.a,-...a..,.
21 CHAIRMAN GCCOHCPE:
Yes.
t l
20 MS. SPIIGZL:
Cne of the witnesses en i
03 ncise impacts will be a Iepartment of Public Service t
l l
PassCNT REPcRTING SCMvicr. INc.
J-21564 I
witness and we have no problem with including his 2
testimony right at the beginning.
I would make ene 3
request.
Dr. Driscoll will not be available at the 4
beginning of the following week, in other words, 5
April 9, 10 and 11, so I would suggest that it might 6
be wise to actually take him first before Alternate 7
Sources of Power to assure that there will not be a a
witness availability prchlem.
9 CHAIRMAN GCCCHCPE:
He will be 10 available the first week.
11 MS. SPIEGEL:
He will be available the l'~
week of April 2, but not the first few days of the 13 next week.
N MR. PRATT: I would respond to that that 15 we would like to go with the sequence that we presented 16 here.
I am reasonably confident the alternate sources 1"'
of power topic is not going to require, at least from 18 the Pcwer Authority's point of view, a week for cross-18 examination, and while I, of ccurse, do net knew "O
.i exactiv what the et.ner parties have in minc en tnis "I
subject, I am hopeful that it will not take four c
1
.i en l
five days of cross-examination.
I
.I no It might be apprcpriate to ge some.<in::
i of idea frem other parties whether they intend extensive crcss-examination on that subject.
I esasc~r =ive=risa suvice. i~c.
l
4-1 J-21565 1
CHAIRMAN GCCDHCPE:
Have you had an 2
opportunity to review this?
3 MR. LEWIS:
Mr. Chairman, we would have no particular objection to proceeding with these topics 4
5 in the order indicated.
6 CHAIRMAN GOODHOPE: Well, on this, Miss 7
Spiegel, if what Judge Cohen just suggested, we start 8
out with alternate sources of power, and say it ccmes 9
to Wednesday and it doesn't appear that we could finish, 10 we could put Dr. Driscoll on then and try and get his 11 testimony into the record.
12 I don't know how long it's going to be 13 on noise; I assume it's going to be cuite short.
14 MS. SPIEGEL:
I would hope so.
15 CEAIRMAN GCCDEOPE:
I hope that some of 16 them are short.
17 MR. LEWIS:
Mr. Chairman, while we're ig discussing the topic of the testimony on noise, I ig would like to state for the record that in connection 20 with the testimony on noise as indicated by the final 21 environmental statement, the staff of the NRC and the n e.
staff of the Department of Public Service entered into y
an informal arrangement whereby staff of the Department i.
l i
PaascNT REPcRTING SEMvsCE. INC.
{
~
J-21566 1
of Public Service took the lead in responding to that 2
contention.
3 We plan to make a witness available 4
jointly with the witness from the Department of 5
Public Service as a panel, and he is certainly available 6
to be cross-examined, but as the FES identifies, 7
the prime review was done by the Department of Public 8
Service under an agreement between the two staffs, 9
CHAIRMAN GOCDHCPE:
Could you get him 10 here with a day's notice?
11 MR. LEWIS:
Oh, fine, I believe I can.
12 I don't know of any problem.
I simply wanted to state 13 for the record that in case there was any -- in case 14 it was not clear that that is how we do intend to 15 proceed on that issue.
16 CHAIRMAN GCODHOPE:
That's fine.
17 DR. COLE:
Mr. Lewis, yesterday you la indicated that you relied more heavily on the FES to 13 respond to contentions than in any o'..ter case and you 20 did provide a list identifying the portions of the FES 21 with contentions.
I 2
Now, I note from the list that the first i
23 subject, alternate sources of power, and witnesses l
PamSONT EIEPCRTING $(ItytCE, INC.
J l
3 J-21367 1
non-designated by the NRC staff.
Are you going to 2
have a sponcoring witness for each portion of the FES 3
that responds to contentions, or what is your present 4
plan for proceedinc?
Do you have a plan?
5 MR. LEWIS:
Yes, I do.
6 DR. COLE:
Would you respond, please?
7 MR. LEWIS:
I do have a plan for pro-8 ceeding, which is as follows: the staff had intended g
to organize its offering of testimony on the basis 10 of admitted contentions in the proceeding.
11 The final environmental statement as 12 an entire document would be identified through the 13 sponsorship of Mr. Bajwa as the environmental project g4 manager.
I, at the present time, am not planning to 15 ffer, but would certainly make available if recuested, 16 any other specialists in areas not raised by a specific contentions, but I have organized my case in terms 17 of responses to contentions.
- g yg It's my belief that there are relatively few, if any, areas of interest that are not covered gg by at least one contention, but if there should turn
.1 out to be, we certainly would make available a specialist in whatever area.
P4RsCNY REPCRTINo Stavect. INc.
4 l
J-21563 1
DR. COLE: All right, sir.
Then it's safe 2
to say that for each contention in the NRC portion of 3
the case, you will have a sponscring witness?
4 MR. LENIS:
Yes, and those are the panels 5
that I will identify in the document that the Board 6
has asked me to file tomorrow.
7 DR. COLE: Fine, thank you.
8 CHAIRMAN GCCDHCPE:
Well, you will have g
it filed tomorrow?
10 MR. LEWIS:
Yes, sir.
gi CEAIRMAN GCCDHCPE:
With your list of witnesses?
1.,
13 MR. LEWIS:
Yes, sir.
14 MR. PRATT:
I wonde2 if it would be 15 rushing matters too much to ask Mr. Lewis to produce 16 at this time the names of the witnesses for just these five panels?
7 MR. LEWIS:
Yes.
The witness on alternate gg sources of cower and waste heat is Norman Hinkle; l
13 a
the witness on noise is John Lehr: the witness en l
g
,1 comparative coal nuclear health effects is Reginald Gotchy; the witness on deccmmissioning and plant i
i security, those witnesses are already identified in the -
33 l
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l PaasoNT Rem =TtNo scavicz. t=c.
6 J-21569 I
document.
That is the prefiled supplemental testimony 2
of the staff.
3 CHAIRMAN GCCDEOPE:
What is our problem 4
with Price Anderson?
Could it be added to this list, 5
that issue?
6 MR. LEWIS:
I have no problem with it.
7 It was one of the ones that we had identified in our 8
suggestion as to the likely early topic.
9 MR. PRATT:
It presents something of a 10 practical problem for us.
I just don't know how 11 monumental it is in terms of availability of the experts 12 on our side to carry forth the cross-examination.
13 We will investigate whether we could add 14 it.
I must admit that we have had the same feeling, is we'd like to add it, but we do have some practical 16 problems going forward with that one immediately.
17 I wonder if it would be appropriate to ig ask that this document that we have har.c<d out be bound ig into the record?
We have, at some of the prehearing 20 conferences, I know, bound such momentous material 21 r'.d other things into the record.
CHAIRMAN GCCDHCPE:
All right.
Let the
,a i
rep rter reproduce the dccument in the record.
l 23 l
(Following is the aforementioned document. )
1 PaascNr AtPcmTING Srmvect. INc.
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C e L.s...,, s.IL.C s..n, a-o. C.. R.", a, s.
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.s c NRC CCCKET NO. 50-549 AND CASI S0006 PR0 CS'_s' cr^
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C.7 ^^D_C<
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1.
Alternate Scurces of Pcwer & Waste Heat Witnesses:
None des;gnated by NRC Staff to date; covered in FES Sections 3.1.1, 9.1.2.2, 9.1.2 and 9.1.3.2.
Contentions:
CCA II.C.2-II.C.7 CPHV II.J CPEV II.F G.C.II.C.(3-7)
G.C.II.S.1 MHNO 8 G.C.II.C.6 CPEV II.J (2)
MHNO 7 (c-h)
G.C.II.C.1 CCA I.A.3 CC 8 CCA II.G (1-5)
CPHV !.C.3 2.
Noise Witnesses:
A.
Criscoll (DPS) : Incerrogatories 33-70 were served cn February 23.
No ob" sections
.,.a,/ e ~ wean ~c4le.
... a.
.no S S._,__:
w,e L.
_4 _,
s March 19 to so file.
Respenses are due en March 14.
B.
None designated by NRC Staff to date; covered in FES Sections 5.5.1.1 and 5.6.1.
Interrogatory 138 was served on February 22.
It was not cbjected to.
The respense is due March 23.
Contentions:
G.C.II.D.4 CC 1 CCA II.D.5 CCSC 2 3.
CceParative Coal-Nuclear Health Effects Witnesses:
None designated cy NRC Staff to date; c a v a_ _ e d.i.*. 7 7.:.
c
"^*
.e"-..
3._'
. '.. "..'._ ~ e..d _i.,
.7 Interrogatories 195-193 were served on February 23.
An cbjection was nade to Interroga:Ory 136.
Respcnses to 135, 137-193 are due on March 23.
Contentions:
None m
w e n, w..w.. _ O O
.. _;.. C at.
Witnesses:
Calkins, Krager, Murphy & Nccd (NRC)
Contentions:
C r A. v.r. G.,
G.c.._.u..:
w e
m reca 1^
-wwL V
.v u.u.4 0 9 cas. :- _
.o _T.a. ~.
e u
_a u_. e can..
W1:nesses-
"'"<'a (NRC)
Concentions:
C-a, __-. c.,.
.sL.,,4 C 2 e
G.w...n.w e
w
i 7
v - e., 2 s.,
s 1
CHAIRMAN GCCDHCPE: Do any of the other 2
parties have any cc=ments or objections or anything i
I l
3 else with regard to proceeding along on this line?
i 4
(No recponse) 5 CHAIRMAN GCCDHCPE: Well, since there are S
no suggestions on this, this will be the subject matters 7
that we will take in this order with the possible a
exception of interrupting the noise, the testimony for s
the noise witness.
10 While we're talking about this, as soon 11 as we ccme up, as scon as we ccme up here on April Ind, 12 we want to then have from the parties an additional 13 list of matters which we can go into in the subsequent 14 hearings.
We could take that up ear-f in the week of 15 April the 2nd, so that we can have our agenda planned gg out with scme st?ctch time so thz.t these witnesses can 17 be made available, so try to get together and ccme up 18 with a preposal on that on April 2nd.
gg The next questic; that I have is: What
.0 would be the order in which the parties wir.
te cress-o.1 examine, that the parties wish no proceed?
1 1
MR. LEWIS:
I believe, Mr. Chairman, j
I that_it was men-icned vesterday that the order of 3
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P A RSCNT R EPCRTING SERvlCE. INC.
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cross-examination set out in the joint protecol wculd l
2 be continued to be adherred to in terms of cross-3 examination.
That would mean Applicant, PSC Staff, 4
DEC staff, other intervenors, and NEC staff, if there i
5 is any NRC staff.
6 CHAIRMAN GCODHCPE:
Is that agreeable 7
with everybcdy, to scart with the Applicant --
8 MR. LEWIS:
And that is also intended 8
to be the order in which witnesses where there are multi-10 party involvements, in particular, the subject matter, 11 the direct cases of the parties would be put on in that 12 order as well.
13 CHAIRMAN GCCDHCPE: All right.
14 (continued on following page) 15 16 17 18 19 20 l
21 t
22 23 I
e FanscNT REPcmTINo Samvict. INc.
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J-21573 1
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5 just covers cross-examination by ics terms, but :
G believe yes.
7 CHAIPJGli GCCCHOPE :
Well, fou are saying 8
if there are two panels going to appear en a subject 9
matter and one of them ccmes frem the PSC, they will 10 e, e a _
- . 4. = *-,
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is o..e
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-c 11 they will appear last or second, is that what you are l'
saying?
13
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14 how we would preceed.
15 Cu..n'.T.'Un't nAC C u.C D. =. -
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u 16 MR. C W O P.X I N :
Yes, two cc=ents.
Cne :.si 17 w4, 4 4
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18 flexibility to build around scheduling problems.
'"he 19 other is that we view the FIS as having become rather l
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P a ssCNT R E PCMTING SENVIC E. INC.
l J-21574l 1
document as the application itself.
2 I believe, Chairman Gecdhcpe, that you 3
indicated in terms of ycur respense to one of my 4
motions that you had to await what the NRC Staff had 5
to sayr that a1cu could not c. c forward sime. lv. cn the S
basis of what had been presented by the Applicant.
7 In addition, in the Boston Edison case 8
the Appeals Scard has indicatad that the review by the 9
NRC Staff takes a ver.t special Ocsiticn.
As a 10 consequence o f that and because we have 1ccked at it I
as a special document in this case, building a schedule l'
around its presentation, it seems to me that it would 13 be appropriate that where there are panels being I4 presented by more than ene party, that the first 15 panel to be presented for crcss-examination be the 18 NRC Staff.
I MR. LEWIS:
Well, Mr. Chairman, !
18 believe that the Pilgrim reference which Mr. Cworkin 18 makes was to a situatien where the Staff was directed "O
to redo an alternative site analysis, and I believe "I
that th? assigning of the NRC Staff as the -- well, nn l
firs: cf all, I believe the NRC Staff was the only I
eg 1
party submitting evidence en thac point, but could i
PsnscNT RtPCRTING SEMvtCE. freC.
l
J-21575 1
1 stand corrected on that.
t l
o In any event, I thin % that the ruling in 3
that case was cound up with the fact that a burden was 4
considered to have passed to the ';RC Staff.
5 CHAIRMAN GDOCHCPE:
To go forward.
6 MR. LEWIS:
With respect to its analysis 7
to go forward.
The NRC Staf f, certainly in all of its a
NRC-only proceedings, has censistently taken the 3
position that it should put its case en last because 10 it wanted to have had the time to reflect upon the I
I 11 cther parties' cases and because the acard very ofte.-
12 expected to raise questions to the "RC Staff based upon 13 what had transpired, so I would have to object to 14 Mr. Dworkin's suggestion, and certainly within the 15 bounds of accommcdating scheduling problems, I would 16 adhere to the position that Staff should file its I
17 testimony on any given issue last.
13 CHAIRMAN GCCCHOPE:
Nell, it does not l
19 appear to be any problem en these first series of 20 subject matters that we are going ec cover.
.1 MR. LEWIS:
No.
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e Pansomt REPCattNo Stnvict. INC l
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Mr. Dworkin, let us meet them then in stead of trying I,
to meet them now because we are not sure what thev are !
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and we will bring it up late,
_f it becomes a problem, i
4 Ch.a.4. mans.
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5 CHAI??>ll GCCCHOPE:
Yes?
6 MS. SPIEGEL:
Mr. Chairman, may I 7
inquire what the Boards centemplate with respect to a
hearings in April?
In other words, do the 3 cards 9
anticipate three weeks of hearings, two weeks, four 10 weeks?
11 CHAII'AN GCCCHCPE :
Well, that is what l ~'
we are planning on doing, starting on the 2nd and going 13 right on through.
14 MS. SPIEGEL:
Continuing from day to 15 day thereafter?
16 CHAIM'Jli GCCCHOPE :
As icng as we can.
I 17 MR. LEWIS:
Mr. Chairman, perhaps with i
l 18 l
that opening I should bring to the Scard's attentien l
i 19 i
some potential scheduling proglems.
New, f irst of 8
20 all, with respect to the second week, certain Staff
'l
~
Counsel -- and I imagine other parties -- have a problem en
~
connected with the Passover holydays, which wculd l
'3
~
literally involve Wednesday and Thursday night of thati l
PamsoNT RepomTING Stavect. INc.
J-21577 1
week.
Staff Counsel can maintain ccverage of the t
hearing as far as that goes for that whcle week, but !
3 do not knew: I have not had the oppcrtunity to 4
determine whether er not other parties are unable :o be 5
represented because f that er not, but it is a s
scheduling problem, and Staff's preference would be 7
that hearings only be conducted en the Mcnday and 8
Tuesday of that week.
9 MR. PRATT:
I should add that the 10 Authority's Counsel who will be taking a very leading 11 role in this case with Mr. Byham and myself wculd also 12 have a problem for that week, cn.the same day.
13 DR. COLE:
What are you recc==ending, I4 Mr. Pratt?
15 MR. PRATT:
I think that week is going e
16 to be screwhat chopped up, at best, and it might make 17 sense to take that as an off week.
'8 DR. COLE:
As an off week?
19 MR. P.e1-
..w. a.. 4.a 4 -w.
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"O CHAIRMAN GCCCHCPE:
Does anycne else j
- l have a problem on this?
nn (No response.)
23 (Discussion off the record.)
P ARSONT R EPCMTING S ERVICE. INC.
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what we will do after a recess which we will have 3
shcrtly.
4 Coes anybcdy else have anything they c*
ant to bring up at this time?
8
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MR. PRATT:
Yes, one very brief note.
8 In the Joint ruling issued en March 13 there is an item 8
concerning the time for the Authority to make discovery 10 equa_s.s o.#.i..'. a..- / e.... s,
a..d '-.".="., a s i "m.. d a_. s ~. _= n "
4.,
11 expires temorrow, and with the single exception cf la Mr. Kafin's testimony, we will meet that deadline.
13 As I indicated yesterday, we did not get 14 Mr. Kafin's testimony until scme time en Monday of 15 this week, and I do act believe that we intended in our 16 motion to preclude his testimony.
In fact, I think we 17 excluded the testimony we had not even seen yet at the 18 time we made the motion, so I think we will require some 19 a d d.4
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1 time do you want?
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3 would give us sufficient time, Chairman Gcedhope.
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CEAIRMAN GCCDHCPE:
23rd?
7 MR. PRATT:
That is correct.
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request is granted.
'O MR. PRATT:
Thank you.
'l CHAIRMAN GCCCHCPE:
Anything else?
.n Mr. Lewis?
13 MR. LZWIS:
Yes, Mr. Chairman.
Perhaps I4 I will mention another potential scheduling conflict 15 that the Staff perceives se that you can reflect upcn 16 it as well in your deliberations en scheduling.
Because 17 of the fact that one cf co-Counsel in this case, 18 Mr. Smith, is also responsible for the Pilgri= hearing, 13 which also involves Dr. Cole as a member of the Scard, t
i "3
l we thcught it would be advisable to bring to the I
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6 Have you seen the motion?
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DR. COLE:
Well,we will address that as 13 scon as possible.
14
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Is there anything 16 else?
17 (No respense. )
10 CHAIR 2GN GCCCHCPE:
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l 88 amscNT R EPORTING S ERVICE. INC.
l l
J-21531 !
1 MR. PRATT:
Not at all. We have glanced 2
at them and I must say -- when I used the word "we",
3 I mean one or two of my colleagues and I still have not 4
had a chance to loox at those.
5 I would have to take exception to the 6
Boards' ruling on those before we have had a chance --
7 CEAIRMAN GCCDHOPE:
I'm not gDing to a
try today.
9 MR. PRATT-Cur hope was that between to now and probably Monday of next week, we wculd have had 11 a chance to look at them and we know the ones where 12 we seriously disagree with the NRC staff and the ether 13 objecting parties, and we can lead them out and maybe g4 some of them we can agree on and scme of them, I think, 15 we will take strong issue with, gg I am led to believe that the Staff has l
17 objected to a number of our interrogatories and I'm 18 sure that we will seek to compel answers to at least gg some of them, or we will take issue with objection at least on scme of them.
0
,1 CHAIRMAN GCCDHCPE: All right.
Let's get that so we can rule en it.
I mean, we've been waiting, 3
and now we find out that you didn't get them until l
I I
I i
g...o~r a cmri~a s cavicz. i~c.
I
i I
J-21582 l
1 yesterday.
4 I'
2 MR. PRATT: We'll work as quickly as 3
we can.
4 DR. COLE: Are you going to mail somethinc 5
by Monday, you said?
6 MR. PRATT: That was our plan, to mail 7
something by Monday.
If it is of reasonable lenge" 3
we will telecopy it to -- well, I suppose maybe to the 3
NRC staff and maybe they can take care of the Washington to distribution, and they have a facility here in Albany 11 to telecopy -- to receive telecopy and maybe we cculd l
distribute it to the people in Albany through that 12 i
13 i
office.
i4 CIIAIRMAN GCCDHCPE: All right.
15 MR. LEWIS: This would be en this 'donday?
,6 MR. PRATT: That's cc:~ rect.
g7 CHAIRMAN GCODHCPE: Well, Mr. Lewis, what
- g about your objections to the Greene County interrogatories?
19 We haven't ruled on those and we haven't heard frem 0
Greene County.
4.1 Have you been able to werk those out or__
i I
MR. LEWIS:
I haven' I didn't have l
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i any discussions with Mr. Butzel about that vesrerdav.
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J-21533 i
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I presume that Miss Simon has.
i 2
MS. SIMON:
He didn't give me any i
3 instructions concerning them.
I could get in touch with 4
him.
5 CHAIRMAN GCCDHCPE: Could you do scrething about this, Miss Simon? We've got a motion in front of 6
7 1s and we'd like to go ahead and act upon it, but the g
NRC has objected to them and we'd like to hear from 9
you so that we could come up with a ruling on these 10 things --
MS. S1ACN:
OK.
11 CHAIRMAN GCCDHOPE: As promptly in advance 12 of the hearings as possible so we won't be holding 13 g4 things up.
MR. LEWIS:
Mr. Chairman, perhaps for 13 my benefit, in any event, I'm not ccmpletely clear as gg to whether or not the Board intends to preceed to rule 37 upon objections, as such, or only to rule upon a motion gg to compel that may be filed pursuant to any objections gg that the parties decide to pursue.
og CHAIRMAN GCCDHCPE:
Until you brought 1
that up, we were going to try to rule on the cbjectiona l
l and the answer to the objections.
,3
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P4 ASONT R EPORTING $gMvacs. INC.
J-21534 1
1 MR. LEWIS.
I raise it only because i
2 my review of the regulations leads me to scme question 3
in my mind as to whether, until the stage of a =ction 4
to ecmpel, the Board is really being asked to do any-I
.c thing, but however, I think the regulations are somewhat g
unclear.
7 MR. PRATT:
I must admit that if we're 8
going to do anything by Monday, it may very well be g
that we're going to have to ccme to the core of this 10 and talk just about the text of the interrogatory cr gg just the text of the objections rather than going 1o through the additional efforts of a motion to compel.
33 I'm not quite sure what the time limits g,g are that are provided by the rules, but I suspect that 15 we are perating under an expedited schedule here, 16 which of course is something that we favor, but it g7 dces mean that we're going to have to cut down to the 18 important things and we may not be able to make a ccmplete 19 motion to ecmpel by* Monday nightfall.
i
,0 CEAIRMAN GCCDECPE: Well, hcpefully there l I
1
,1 are a lot -- my experience i s that a lot of those objections can be worked out among the parties wi-hcut t
4 the 2 cards getting into it.
Pcssibly this cculd be
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p.ascur arma iso suvice.
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done with Greene County, I don't know, a.
Will.vou trv. to discuss it with them to 3
see?
l 4
MR. LEWIS:
I have not, but we will.
5 CHAIRMAN GCCDHCPE:
Then we'll knew what 6
we're ruling on and what the objections are, but we're 7
going to try and go ahead and rule on the objections 3
and the answers to them.
g It makes it a little difficult if we 10 don't have an answer. We'll just go ahead and do the best we can.
11 12 We 11 take a recess --
33 MR. LEWIS:
"r.
Chairman, may I mention 34 one thing?
15 HA A
GCODHOPE:
Yes.
16 MR. LEWIS: This is something that I'll 1,,
go into after the recess, but I just wanted to state, so that you know, that there is one more matter.
,g 19 I do intend to talk to Mr. Pratt durinc I
,0 the break about depositions filed against the Staff,
,1 and outstanding discovery filed against the Staff, and I hope that at the and of the recess, I'll be able to l
t make certain motions on behalf of the Staff, hopefully
,3 1
l 1
i
- p..c~r arman~a seawce. :~c.
l
Js21536 e
1 a
joint motion with respect to some scheduling of 2
I those matters.
3 CHAIRMAN GCCDHCPE:
On the depositions, 4
they're not scheduled as of new?
5 MR. PRATT:
They're scheduled for 6
Monday, the 26th, and I think --
7 CHAIRMAN GCCDHCPE:
Of April?
a MR. PRATT:
Of March, and I think it was g
Mr. Lewis' thought yesterday, and one that we concur go in, that it's untimely to take them on that date simplyi 11 because we don't have yet the dccunents from the NRC staff.
12 13 We don't have responses to many of our 14 interrogatories and we need to have those before we 15 can take aa effective or efficient deposition.
16 I wonder if I could ask the Scard roughly 37 what the day's schedule is?
We have some --
CHAIRMAN GCC.DHCPE:
You mean todav's IS schedule?
IS MR. PRATT: Coday's schedule, yes.
0 6
4 l
CHAIRMAN GCCDHCPE: Iassumewe'llbeoutl 3
i af here in another 30 minutes.
j o,
MR. PRATT: Fine.
We'll be here as long 3
l 1
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PamSCNT R EPORTING SERVICE. INC.
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J-21537!
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as necessary.
(Laughter) l I
2 j
CllAIRMAN GCCDIICPE :
Dr. Fergusen, doyou!
3 have something?
4 DR. FERGUSON:
Mr. Pratt, I was wendering
.c if you could possibiv. help the Boards -- and I hope this w
6 is not premature -- by giving us some guidance with 7
regard to the Authority's intentions concerning offering the PSAR into evidence?
3 i
i i
g MR. PRATT:
In the joint hearings?
gg DR. FERGUSON:
Yes.
,1 MR. PRATT: We have, as I recall, marked 12 Chapter 2 of the PSAR cn the first day of the joint t
g3 hearings.
I must confess that my memory fails me as 34 to whether, on the last day of the joint hearings in 15 July of 1973 we moved that Chapter 2 into evidence.
16 1 gather from your question that we may t
17 not have moved it into evidence.
i I
gg DR. FERGUSON:
No, I am vonderinc whetherl I
or not, if in fact that is true, whether or not there f
gg i
j, are any other parts of that document that the Authority intends to offer?
,1 MR. PRATT:
I'll be candid that as I sit here new, we had not planned to offer the balance of
,3 l
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Panscur RzecmTtNo Scmvicz. INC.
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J-21583 1
the PSAR in the joint hearings.
That, of course, leaves, 2
open -- we do intend to offer it in the safety hearings.
t l
3 I would, of course, request guidance frca i
I 4
any party or from the Scards if we have overicoked 5
something and there's something grievously important 6
in part of the PSAR outside of Chapter 2 that is 7
appropriate for the joint hearings.
9 DR. FERGUSCN:
I think that's helpful.
9 I just wanted to make it very clear, at least in my to mind, as to what the Authority's intentions were.
11 Thank you.
l.
12 CHAIRMAM GOODHOPE: All right. We'll 13 take a ten-minute recess, 14 (Recess was taken from 9:45 a.m.
to 15 9:55 a.m.)
16 17 i
18 19 l
20 21 22 I
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J-21539.
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ene o' clock and gc cr bably till six cr seven o'cicck 5
that nightr make it a full dav.'s hearing er as close 6
to it as we can, and we will have hearings all day 7
Tuesday.
8
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10 We are talking about the week of Passover, the seccnd 11 week.
l'~
MR. LEWIS:
You sav. v.cu will start at 13 one o' clock.
14 CHAIR'!A'i GCCCHCPE.
Start at one 15 o' clock and go late that nic.ht and a full dav.'s hearinc.
16 on Tuesday.
17 MR. LEWIS:
Anc then recess --
18 CHAIR'4AN GCOCHCPE:
We will recess on l
19
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I P A ASONY R E PCatlho S E AVICE. INC.
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J-21590 l
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l MR. LEWIS:
Yes, Mr. Chairman.
I hac j
l 1
e the opportunity during the break to apprise Mr. Pratt of the =ction that ! will new make to the 3 card.
4 Staff wculd request that the Scard 5
establish an end date for the completion of discc.ery S
filed against it.
This discovery would comprise the 7
interrogatories which have been filed and the depcsitict.s a
which have been noticed.
9 Under the Board's order of March 13, 10 the Staff is required to ecmplete its responses to the 11 outstanding interregatories by March 30 and outstanding l'-
document requests by March 30.
13 Cn that basis the Staff would propcse 14 that the Scard establish a reasonable additional period 15 of time -- and we would propese that that be four weeks 16 up to and through April 27 for the Applicant to i
I I7 complete its review o f the dccuments being made 18 available for inspecticn by the Staff and to cceplete 13 its depositions of the Staff.
^0 We make this mctien because we are very l i
al concerned that the potential for the depcsitions to ee extend virtually l'
we do not kncw Scw far into the 1
i l
23 time that tha
-a = tne ts cotnc en, anc as we discussec i
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l P 4 RSONT 9 CPORTING S ERVf CE. INC-
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J-21591 1
yesterday, it imposes a constderable hurden and 2
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3 involved in representing its witnesses at depcsitions 4
and representing other of its witnesses at the hearing, cw so fer that reason our proposal as to hcw to best handle 6
this problem is that we would request the Scard to set 7
a completion date for the discovery undertaken by the 8
Applicant against the NRC Staff, and we wculd also 9
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s e 13 MR. PRATT:
May I respond?
14 CHAIPS.AN GCCCHCPE:
Yes.
15 MR. PRATT:
." r. Lewis did speak to me IS during the break, and I indicated to him that we have i
6 as a hope and as a goal completing the discovery as l"a quickly as possible, and I hope that means that we 19 have it done well before April 27 "O
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1 making a charge that the discovery prccess is being n
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3 MR. LEWIS:
No, Mr. Chairman.
I am r.o t 4
s avinc. it is abused.
5 CHAIP21AN GCCCHCPE:
Why do you have to 6
have this deadline?
7 MR. LEWIS:
Pardon me?
8 CHAIP.'G.N GCCCHCPE :
Why do you have to 9
have this deadline?
10
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.a 11 the matter is that there has been served upcn us an 1n.
extremely large number of interrogatory requests and 13 an extremely large number of document requests, and 14 then en top of that a notice of follcw-up deposition.
15 We have not scught to quarrel with the 16 a a C ~w n..u6 a. ~.u. e e.e,..;
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b an order for a discovery period.
n.1 Now, since that time, of course, the en s i s c a v a.- v.
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by PASNY does substantially take as beyond the end 3
ceriod cricinally alicwed for discussion, and the 1
4 concep _on, c: course, in the original Scard order was 5
that discovery would be completed before the time tha 6
the hearing began.
7 Ncw, we have already seen that we are 8
having to ;40ckey around a great deal in crder to 3
determine what issues can be gene into in the hearing 10 because of the fact discovery will not be ccmpleted, 11 and in searchinc. for some reasonable way to avoid the 12 serious problem of simultanecus discovery and hearing, 13 we came to the conclusion that we should suggest that 14 an end date be established for that process.
15 There are, I believe, a half a denen 16 areas in which the Applicant has sought Oc take 17 depositions.
We perceive at least the pctential that 18 the depositions, unless the 3 card directs that they be 19 completed by a certain date, could develop into a
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to the Scard.
6 CFAIR:LC GCCCHCPE:
You are saying that 7
you hope to have everythine. dcne bv. Ac.ril 2 th?
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does, come to us during the course of the prcblems and 13 we will solve it then, but ncne of us l_kes to set these 14 deadlines.
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PaascNT REPcmTtNo Stavict. Imc.
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i then the hearing :.s adjourned 'intil cne c ' clock, n -., 4.,.,
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(Whereupon, at 10 04 a....,
the hearine 4
in the abc'/e-entitled matter was adjourned :
."Onday, 5
April 2, 1979 to cer=ence at I c'cicek p.m.)
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