Applicant'S Motion 10 to Establish Schedule for Hearing on Contentions 3a & 3c by Atlantic County Citizens Council on the Environ.Requests Parties File an Identification of Evidence.Certificate of Svc EnclML19274E628 |
Person / Time |
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Site: |
Atlantic Nuclear Power Plant ![PSEG icon.png](/w/images/c/cc/PSEG_icon.png) |
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Issue date: |
03/08/1979 |
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From: |
Cowan B, Daugherty T, Kenrick J EECOPS |
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To: |
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References |
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NUDOCS 7904090366 |
Download: ML19274E628 (5) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20063C9281982-08-23023 August 1982 Motion for Clarification,Or in Alternative,Petition for Reconsideration of Aslab 820811 Memorandum & Order ALAB-686 Re Application of Immediate Effectiveness Regulation. Certificate of Svc Encl ML20062F7751982-08-11011 August 1982 Memorandum & Order ALAB-686 Subsequent to ASLB 820630 decision,LBP-82-49.Immediate Effectiveness Review of Mfg Licenses Not Warranted ML20054L9671982-07-0707 July 1982 Errata Order Furnishing Omissions from ASLB 820630 Initial Decision ML20054L8351982-07-0101 July 1982 Notice of Aslab Reconstituion.Cn Kohl,Chairman & WR Johnson & Ha Wilber,Members ML20039E8941982-01-0505 January 1982 Response to NRC 811230 Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl ML20062M3171981-12-11011 December 1981 Proposed Findings of Fact & Conclusions of Law in Form of Proposed Initial Decision.Certificate of Svc Encl ML20010C0801981-08-12012 August 1981 Motion for ASLB to Establish Schedule Leading to Completion of Mfg License Proceeding.Hearing Process Should Be Resumed to Address New Matters Contained in Upcoming Ser,Suppl 4. Certificate of Svc Encl.Related Correspondence ML19347B8151980-10-10010 October 1980 Notice of Appearance in Proceeding.Certificate of Svc Encl ML19254D1371979-09-27027 September 1979 Notice of Appearance on Behalf of Nrdc.Certificate of Svc Encl ML19254E4381979-09-14014 September 1979 Response in Opposition to NRC-proposed Mods to 790824 Proposed Partial Findings of Fact in Form of Proposed Initial Decision,Set Forth in Paragraphs 20.D & 20.E.(2), Pages 18-19 of Proposed Findings.Certificate of Svc Encl ML19209C5241979-08-31031 August 1979 Motion for Extension Until 790914 to File Response to NRC 790824 Proposed Partial Findings of Fact.Findings Were Not Received Until 790829.Certificate of Svc Encl ML19225B5541979-06-0101 June 1979 Proposed Partial Findings of Fact in Form of Proposed Initial Decision Submitted by Offshore Power Sys to Aslb. Discusses Each Contention Admitted as Issue in Controversy & ASLB Questions.Certificate of Svc Encl ML19289F2091979-04-0404 April 1979 Motion to Establish Schedule for Filing of Partial Proposed Findings of Fact & Conclusions of Law.Proposed Schedule & Certificate of Svc Encl ML19281B5151979-03-0808 March 1979 Statement of Matl Facts Which Are Not in Dispute.Applicant Not Able to Build Eight Plants by 1985.Statement Filed in Opposition to NRDC Statement of Matl Facts ML19274E6281979-03-0808 March 1979 Applicant'S Motion 10 to Establish Schedule for Hearing on Contentions 3a & 3c by Atlantic County Citizens Council on the Environ.Requests Parties File an Identification of Evidence.Certificate of Svc Encl ML19261C3331979-02-20020 February 1979 Intervenor Withdraws from Active Participation in Licensing Hearings,Due to Util'S Withdrawal of Order for Floating Nuclear Plants Off Nj Coast.Certificate of Svc Encl ML19263D1641979-02-16016 February 1979 NRDC Statement of Matl Facts Which Are Not in Dispute Re Offshore Power Sys'S Intent to Build More than Eight Floating Nuclear Plants.Certificate of Svc Encl ML19263D1621979-02-16016 February 1979 Nrdc'S Memorandum in Support of Summary Disposition Motion. Urges That Programmatic Review of Floating Nuclear Plants Be Conducted.Certificate of Svc Encl ML19263D1601979-02-16016 February 1979 Motion for Summary Disposition Re Failure of Fes to Consider Environ Impact & Alternatives ML19282A6351979-02-12012 February 1979 Informs That Natural Resource Defense Council Missed Filing Deadline,But Plans to File a Brief on Its Contention & Remain in the Proceeding.Certificate of Svc Encl ML19274D6971979-02-0606 February 1979 Applicant'S Rept to ASLB Re Status of Hearings & Motion to Establish Schedule.Proposed Schedule Encl ML19289D1311979-02-0606 February 1979 Motion for Order Dismissing NRDC Programmatic Impact Statement Contention as an Issue Due to Nrdc'S Failure to Comply w/780801 ASLB Order Filing a Motion by 790129.Related Papers & Certificate of Svc Encl ML19259B2891979-01-31031 January 1979 Presentation on ALAB-489(8 NRC 194),NRC Class 9 Accident Reviews,Given at 790114-17 Conference on Legal & Legislative Affairs in Las Vegas,Nv ML19289C9451979-01-22022 January 1979 Brief by NRDC in Response to Opening Briefs.Case Comes Down to 1 of 3 Conclusions.Deciding Which of These Conclusions Is Correct Is the Heart of Applicant'S Case.Certificate of Svc Encl ML19270F2171979-01-22022 January 1979 Reply Amicus Curiae Brief of Union of Concerned Scientists. Believes Applicant'S Facility Should Receive Special Treatment Since It Is Fundamentally Different.Hopes NRC Will Decide Issues in Public.W/Certificate of Svc ML20099A3241979-01-22022 January 1979 Applicant'S Reply Brief Re Mfg License for Floating Nuclear Plant.Decision ALAB-489 Withholding Applicability of Annex to Floating Plant Cannot Stand ML19259B2971979-01-16016 January 1979 Brief by Intervenor State of Nj Urging Commission to Answer in the Affirmative Certified Question Whether Class 9 Accidents Are Proper Subj for Consideration in NRC Environ Statement.Certificate of Svc Encl ML19269C0891979-01-12012 January 1979 NRDC Brief Re Certification of Class 9 Accident Issue. Asserts Commission'S Only Proper Action Is to Order Evidentiary Hearing.Certificate of Svc Encl ML19274D2961979-01-12012 January 1979 Brief of Applicant in Support of Aslab 781221 Order Holding That NRC May Consider Environ Impacts of Consequences of Accidents Beyond Design Basis in Fes.Certificate of Svc Encl ML20083K2881979-01-12012 January 1979 Ucs' Brief Amicus Curiae Re Consideration of Class 9 Accidents.Environ for OPS Proceeding Should Include Evaluation of Probability & Consequence of Class 9 Accidents.Supporting Documentation Encl ML19289C8181979-01-12012 January 1979 Request of the CA Energy Resources Conservation & Development Commission on Issue of Class 9 Accidents. Provides Results of Commission Study of Undergrounding Nuclear Reactors & Class 9 Accidents ML19261A3161978-12-26026 December 1978 Requests Opportunity to Reply to NRC Applicant'S Allegations Re Interpretation of Ltr from Administrator of EPA to Ops. Brief Statement to That Purpose Attached.W/O Encl ML19259B0511978-12-19019 December 1978 Response by Applicant OPS in Opposition to NRDC Request for Directed Certification.Asserts NRDC Has Not Satisfied Criteria for Directed Certification.Epa 781103 Ltr & Certificate of Svc Encl ML20197D9361978-12-0707 December 1978 Pub Meeting in Washington DC on 781207:discussion & Vote on ALAB-500 Offshore Pwr Sys.Pp.1-18 ML20148Q8011978-12-0101 December 1978 Unofficial Transcript of 781201 Affirmation Session 78-30 in Washington,Dc Re OPS Order.Pp 1-3 ML20150E0171978-11-30030 November 1978 NRDC Request for Directed Certification.Expresses Concern Re Inshore Siting of Fnp'S.Finds No Reason to Believe Lic Bd Erred in Rejecting NRDC Contention.W/Encl Related Correspondence ML20204C9851978-11-22022 November 1978 Grants as a Motion, Informal Ltr Request That Bd Extend Deferral of Ruling Until After 781201 on Applicant'S Motion to Plead a Matter in Controversy & Establish a Discovery & Hearing Sched for Such Matter ML20150D0731978-11-21021 November 1978 Time in Which Comm May Determine to Review ALAB-489 & ALAB-500 Is Extended to 781208 ML20148L6161978-11-0909 November 1978 Denies NRDC Motions for Reconsideration of ASLB Order of 780911 & for Certification of 4 Questions to Aslab.Points Out That 10CFR2.758 Prohibits Challenges to NRC Rules & Regs ML19256A2881978-11-0707 November 1978 Intervenor Atlantic County,Nj Response to Memos of 781027 of Hendrie & Gilinsky Re Their Involvement W/Appl Prior to Their Appointments to Nrc.Has No Factual Basis on Which to Object to Commissioners' Participation.Cert of Svc Encl ML20148J2721978-11-0303 November 1978 NRDC Response to Memoranda to Counsel from Hendrie & Gilinsky Re Their Prior Involvement in Issues Re Subj Facil. NRDC Asserts That Disqual of the Commissioners Is Dependent Upon Certain Facts.Cert of Svc Encl ML20148J5021978-11-0303 November 1978 NRC Staff'S Response to Memo to Counsel Filed by Hendrie & Gilinsky Re Possible Prior Knowledge.Staff Has No Objection to Either Commissioner Participating in Review of ALAB-500. W/Cert of Svc ML20148J3381978-11-0202 November 1978 Response of Applicant OPS to Memoranda of Hendrie & Gilinsky to Counsel Re Commissioners' Impartiality in Proceedings Re Subj Facil.Applicant Has No Objection to Either Commissioner Participating in Review of Issues.Cert of Svc Encl ML20150D2381978-10-27027 October 1978 Rev Draft Order in the Matter of Offshore Pwr Sys(Floating Nuc Pwr Plants).Order Was Rev to Clarify That Proposed Review Will Deal W/Class 9 Accidents Only in Context of Floating Nuc Plants & Not as Overall NRC Opinion on Subj ML20197B3941978-10-27027 October 1978 Memo Disclosing Previous Involvement W/Applicant Re Facility During Sept 1974.Author Head of Physical Sciences Dept of Rand Corp.Draft Research Proposal Re Facility Prepared by Physical Sciences Dept in Sept 1974 Encl ML20148E5221978-10-26026 October 1978 Order Extending Time for Commission to Review ALAB-489 & ALAB-500 to 781117 ML20197B0711978-10-23023 October 1978 Grants Applicant 781010 Motion to Defer Ruling Until 781010 Based on Granting Applicant 780905 Motion to Plead Matter in Controversy & Establish Discovery & Hearing Schedule ML20147E0671978-10-0202 October 1978 Opposes Intervenor NRDC 780915 Request for Reconsideration & Certification of ASLB 780911 Order Denying NRDC 780809 Motion to Amend Contentions.Nrdc Has Not Established Grounds for Reconsideration ML20147D6251978-09-29029 September 1978 Applicant'S Motion to Certify to the NRC Question Decided by Aslab in ALAB-489 Is Granted.Held in ALAB-489 That Class & Accidents Are Proper Subj for Consideration in Staff'S Environ Statement Re Floating Nuc Pwr Plant Appl 1982-08-23
[Table view] Category:PLEADINGS
MONTHYEARML20063C9281982-08-23023 August 1982 Motion for Clarification,Or in Alternative,Petition for Reconsideration of Aslab 820811 Memorandum & Order ALAB-686 Re Application of Immediate Effectiveness Regulation. Certificate of Svc Encl ML20010C0801981-08-12012 August 1981 Motion for ASLB to Establish Schedule Leading to Completion of Mfg License Proceeding.Hearing Process Should Be Resumed to Address New Matters Contained in Upcoming Ser,Suppl 4. Certificate of Svc Encl.Related Correspondence ML19254E4381979-09-14014 September 1979 Response in Opposition to NRC-proposed Mods to 790824 Proposed Partial Findings of Fact in Form of Proposed Initial Decision,Set Forth in Paragraphs 20.D & 20.E.(2), Pages 18-19 of Proposed Findings.Certificate of Svc Encl ML19209C5241979-08-31031 August 1979 Motion for Extension Until 790914 to File Response to NRC 790824 Proposed Partial Findings of Fact.Findings Were Not Received Until 790829.Certificate of Svc Encl ML19225B5541979-06-0101 June 1979 Proposed Partial Findings of Fact in Form of Proposed Initial Decision Submitted by Offshore Power Sys to Aslb. Discusses Each Contention Admitted as Issue in Controversy & ASLB Questions.Certificate of Svc Encl ML19289F2091979-04-0404 April 1979 Motion to Establish Schedule for Filing of Partial Proposed Findings of Fact & Conclusions of Law.Proposed Schedule & Certificate of Svc Encl ML19281B5151979-03-0808 March 1979 Statement of Matl Facts Which Are Not in Dispute.Applicant Not Able to Build Eight Plants by 1985.Statement Filed in Opposition to NRDC Statement of Matl Facts ML19274E6281979-03-0808 March 1979 Applicant'S Motion 10 to Establish Schedule for Hearing on Contentions 3a & 3c by Atlantic County Citizens Council on the Environ.Requests Parties File an Identification of Evidence.Certificate of Svc Encl ML19261C3331979-02-20020 February 1979 Intervenor Withdraws from Active Participation in Licensing Hearings,Due to Util'S Withdrawal of Order for Floating Nuclear Plants Off Nj Coast.Certificate of Svc Encl ML19263D1601979-02-16016 February 1979 Motion for Summary Disposition Re Failure of Fes to Consider Environ Impact & Alternatives ML19263D1621979-02-16016 February 1979 Nrdc'S Memorandum in Support of Summary Disposition Motion. Urges That Programmatic Review of Floating Nuclear Plants Be Conducted.Certificate of Svc Encl ML19263D1641979-02-16016 February 1979 NRDC Statement of Matl Facts Which Are Not in Dispute Re Offshore Power Sys'S Intent to Build More than Eight Floating Nuclear Plants.Certificate of Svc Encl ML19282A6351979-02-12012 February 1979 Informs That Natural Resource Defense Council Missed Filing Deadline,But Plans to File a Brief on Its Contention & Remain in the Proceeding.Certificate of Svc Encl ML19274D6971979-02-0606 February 1979 Applicant'S Rept to ASLB Re Status of Hearings & Motion to Establish Schedule.Proposed Schedule Encl ML19289D1311979-02-0606 February 1979 Motion for Order Dismissing NRDC Programmatic Impact Statement Contention as an Issue Due to Nrdc'S Failure to Comply w/780801 ASLB Order Filing a Motion by 790129.Related Papers & Certificate of Svc Encl ML19269C0891979-01-12012 January 1979 NRDC Brief Re Certification of Class 9 Accident Issue. Asserts Commission'S Only Proper Action Is to Order Evidentiary Hearing.Certificate of Svc Encl ML19289C8181979-01-12012 January 1979 Request of the CA Energy Resources Conservation & Development Commission on Issue of Class 9 Accidents. Provides Results of Commission Study of Undergrounding Nuclear Reactors & Class 9 Accidents ML19261A3161978-12-26026 December 1978 Requests Opportunity to Reply to NRC Applicant'S Allegations Re Interpretation of Ltr from Administrator of EPA to Ops. Brief Statement to That Purpose Attached.W/O Encl ML19259B0511978-12-19019 December 1978 Response by Applicant OPS in Opposition to NRDC Request for Directed Certification.Asserts NRDC Has Not Satisfied Criteria for Directed Certification.Epa 781103 Ltr & Certificate of Svc Encl ML20150E0171978-11-30030 November 1978 NRDC Request for Directed Certification.Expresses Concern Re Inshore Siting of Fnp'S.Finds No Reason to Believe Lic Bd Erred in Rejecting NRDC Contention.W/Encl Related Correspondence ML19256A2881978-11-0707 November 1978 Intervenor Atlantic County,Nj Response to Memos of 781027 of Hendrie & Gilinsky Re Their Involvement W/Appl Prior to Their Appointments to Nrc.Has No Factual Basis on Which to Object to Commissioners' Participation.Cert of Svc Encl ML20148J5021978-11-0303 November 1978 NRC Staff'S Response to Memo to Counsel Filed by Hendrie & Gilinsky Re Possible Prior Knowledge.Staff Has No Objection to Either Commissioner Participating in Review of ALAB-500. W/Cert of Svc ML20148J2721978-11-0303 November 1978 NRDC Response to Memoranda to Counsel from Hendrie & Gilinsky Re Their Prior Involvement in Issues Re Subj Facil. NRDC Asserts That Disqual of the Commissioners Is Dependent Upon Certain Facts.Cert of Svc Encl ML20148J3381978-11-0202 November 1978 Response of Applicant OPS to Memoranda of Hendrie & Gilinsky to Counsel Re Commissioners' Impartiality in Proceedings Re Subj Facil.Applicant Has No Objection to Either Commissioner Participating in Review of Issues.Cert of Svc Encl ML20197B0711978-10-23023 October 1978 Grants Applicant 781010 Motion to Defer Ruling Until 781010 Based on Granting Applicant 780905 Motion to Plead Matter in Controversy & Establish Discovery & Hearing Schedule ML20147E0671978-10-0202 October 1978 Opposes Intervenor NRDC 780915 Request for Reconsideration & Certification of ASLB 780911 Order Denying NRDC 780809 Motion to Amend Contentions.Nrdc Has Not Established Grounds for Reconsideration 1982-08-23
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSICN (;\ -
..? s BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD /,^Y-f In the Matter of :
OFFSHORE POWER SYSTEMS : Docket No. STN 50-437 (Manufacturing License for :
Floating Nuclear Power Plants) :
APPLICANT'S MOTION (#10) TO ESTABLISII SCIIEDULE In accordance with the Atomic Safety and Licens-ing Board (" Board") Order dated February 16, 1979, Offshore Power Systems (" Applicant") has conferred with all parties to this proceeding regarding the scheduling of a hearing on Atlantic County Citizens Council on Environment ("ACCCE")
Contentions 3a and 3c. Applicant hereby requests that the Board issue an order scheduling resumption of hearings on these two contentions to commence at 9:30 a.m. on Wednes-day, April 4, 1979, in Bethesda, Maryland, and to continue thereafter until conclusion. All parties have no objection 1
Atlantic County Citizens Council on Environment, Atlantic County Board of Chosen Freeholders, Natural Resources De-fense Council, Inc., the State of New Jersey, and the NRC negulatory Staff.
These two contentions, as admitted in the Second Prehearing Conference Order dated May 21, 1974, are set forth in foot-note 2, p. 4, of " Applicant's Motion (#9) to Establish Sched-ule" dated February 6, 1979.
ISONCfl 03 cog
e to the scheduling of hearings on the two ACCCE contentions during the period April 4-6, 1979, at the proposed location.
The Board's Order of February 16, 1979, requested submission of alternative hearing dates. Applicant has therefore conferred with the parties regarding secondary hearing dates if the proposed date of April 4, 1979, is not convenient to the Board. In this regard please be advised that the parties have informed Applicant that they would not object to the scheduling of hearings in Bethesda, Maryland, during the week of April 23, 1979.
It is respectfully suggested that the Board re-quire that all parties file an identification of the evi-dence they expect to present at the resumed hearings, in-cluding supplemental testimony, if any, and a listing of witnesses ten (10) days prior to the date established by the Board for resumption of hearings.
Respectfully submitted, r r,
- A/TLA4, y
- el e:p i e
{ . V D C uns 1 for Applicant, Offshore
~ er Systems Dated: March 8, 1979 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of :
OFFSHORE PCWER SYSTEMS : Docket No. STN 50-437 (Manufacturing License for :
Floating Nuclear Power Plants) :
CERTIFICATE OF SERVICE I hereby certify that copies of the " Applicant's Motion (#10) to Establish Schedule" were served upon the persons listed on Attachment 1 to this Certificate of Ser-vice by deposit in the United States mail, postage prepaid, this 8th day of March, 1979.
9 fu . trc .
ohn i R. Kenrick oun el for Offshore Power Systems
ATTACHMENT 1 OPS SERVICE LIST Sheldon J. Wolfe, Esq., Chairman Docketing and Service Section (21)
Atomic Safety and Licensing Board Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Dr. David R. Schink, Member Martin G. Malsch, Esq.
Atomic Safety and Licensing Board Office of the Executive Legal Department of Oceanography Director Texas A & M University U. S. Nuclear Regulatory Commission College Station, Texas 77840 Washington, D. C. 20555 Mr. Lester Kornblith, Jr., Member Stephen M. Schinki, Esq.
Atomic Safety & Licensing Board Panel Marc R. Staenberg, Esq.
U. S. Nuclear Regulatory Commission Of fice of the Executive Legal Washington, D. C. 20555 Director U. S. Nuclear Regulatory Commission Dr. David L. Hetrick, Alternate Member Washington, D. C. 20555 Atomic Safety and Licensing Board Professor of Nuclear Engineering Barton Z. Cowan, Esq.
The University of Ari cna John R. Kenrick, Esq.
Tucson, Arizona 85721 Eckert, Seamans, Cherin & Mellott 600 Grant Street Alan S. Rosenthal, Esq. , Chairman Forty-Second Floor Atomic Safety and Licensing Appeal Pittsburgh, Pennsylvania 15219 Board Panel U. S. Nuclear Regulatory Commission Thomas M. Daugherty, Esq.
Washington, D. C. 20555 Offshore Power Systems 8000 Arlington Expressway Alternate Chairman P. O. Box 8000 Atomic Safety and Licensing Appeal Jacksonville, Florida 32211 Board Panel U. S. Nuclear Regulatory Commission Carl Valore, Jr., Esq.
Washington, D. C. 20555 Valore, McAllister, DeBrier, Aron
& Westmoreland Chief Hearing Counsel Mainland Professional Plaza Office of the Executive Legal Director 535 Tilton Road U. S. Nuclear Regulatory Commission P. O. Box 152 Washington, D. C. 20555 Northfield, New Jersey 08225 Director (2)
Division of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Page 1 of 2
e Mr. Harold P. Abrams, President Richard M. Hluchan, Esq. Atlandic County Citizens Council State of New Jersey on Environment Department of Law and Public Safety 9100 Amherst Avenue 36 West State Street Margate, New Jersey 08402 Trenton, New Jersey 08625 Dr. Willard W. Rosenberg, Chairman An thony Z . Roisman, Esq. Energy Committee Natural Resources Defense Counci'., Inc. Atlantic County Citizens Council 917 Fifteenth Street, N.W. on Environment Washington, D. C. 20005 8 North Rumson Avenue Margate, New Jersey 08402 Keith A. Onsdorff, Esq.
Assistant Deputy Public Advocate Mr. John H. Williamson State of New Jersey Energy Committee Post Office Box 141 Atlantic County Citizens Council Trenton, New Jersey 08601 on Environment 211 Forest Drive Mr. George B. Ward I.inwood, New Jersey 08221 Nuclear Power Plant Committee City Hall Brigantine, New Jersey 08203 Page ? of 2