ML19282B686

Request Mod of Post-Conference Order 2 to Require Submittal of Statements of Issues by 790226 Because Issues Have Undergone Extensive Consideration.Requests Answers to This Motion by 790220.Certificate of Svc Encl

ML19282B686
Person / Time
Site:	Skagit
Issue date:	02/12/1979
From:	Little D PERKINS, COIE (FORMERLY PERKINS, COIE, STONE, OLSEN
To:
References
NUDOCS 7903160123
Download: ML19282B686 (5)

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E9s 1, NRC PUBLIC DOCID1EITE ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Q BEFORETHEATOMICSAFETYANDLICENSINGBOARh In the Matter of ) on

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PUGET SOUND POWER & LIGH'" ) Docket Nos. 50-522 COMPANY, et al. ) 50-523

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(Skagit Nuclear Power Project, ) February 12, 1979 Units 1 and 2) )

)

APPLICANTS' MOTION FOR MODIFICATION OF " POST CONFERENCE ORDER NO. 2" Pursuant to 10 CFR 2.730, Applicants move that this Board modify its Post Conference Order No. 2 so as to provide for the submittal of new statements of issues on or before February 26, 1979, instead of the March 9, 1979 date currently prescribed therein. Applicant also requests that, pursuant to 10 CFR 2.730 (c) , parties be required to submit any answers to this motion that they may wish to file so as to be "in th~e hands of the Board on or before February 20, 1979, thus allowing for a timely Board ruling. (This motion is being hand delivered to counsel for SCANP and the Indian petitioners today and will be hand delivered to the Board Chairman and counsel for the NRC Staff tomorrow.)

On December 22, 1978, the Board issued an Order for Con-ference, calling for "a conference of counsel for all of the parties." Order for Conference, p. 1. This Order also pro-vided:

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So that the conference may oe of maximum benefit, counsel for each party is requested to submit to the board, in specific terms, a list of the principal issues, together with major subordinate issues there-under, which require board decision. The list of principal issues should be divided into three cate-gories according to submitting counsel's opinion, namely, (1) issues presently ripe for board decision with no need for further evidentiary hearing; (2) issues on which further evidentiary hearing is re-quired before board decision is appropriate; and (3) issues on which no evidentiary hearings have been held. Citations to the record of evidence on each principal or major subordinate issue about which there has been evidence of record should be included in the listing of issues.

Order for Conference, pp. 1-2.

Lists were prepared and the conference held on January 16 and 17, 1979, in Seattle, Washington. For the better part of two days counsel for all of the parties, as well as attorneys representing certain Indian tribes who have petitioned to intervene, discussed the status of the issues which have been raised. See Tr. 11,484-775. At the conclusion of these dis-cussions the Board annour.ced its intention to issue, an o.rder specifying the future steps to be taken in this proceeding with the " goal of winding, certainly the LWA site [ side?] of this thing upon as fast as we can." See Tr. 11,762-63.

In view of the foregoing, Applicant believes that the 29 day period provided in the Board's Post Conference Order No. 2 for the submittal of "a new interim statement of issues" is unnecessarily long. All of the parties have had since the receipt of the December 22, 1978, Order for Conference to con-sider the status of the issues. Lists have already been pre-pared once, and the status of issues discussed in detail at last month's conference. In particular, the parties and Indian petitioners were able to meet among themselves to consider the matter and, at the conclusion, presented their detailed views on the status of each issue, item-by-item. See Tr. 11,711-58.

As a result, it should take no more than two weeks for any party to reduce to writing positions which have already been extensively considered and stated on the record.

On the grounds stated above Applicants request that the Board modify its Post Hearing Conference Order No. 2 to require the submittal of statements of issues on or before February 26, 1979. Applicant further requests the Board to order that any answers to this motion be received by February 20, 1979.

Dated: February 12, 1979 Respectfully submitted, PERKINS, COIE, STONE, OLSEN & WILLIAMS I

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DaugJaq/S.

/ Little Attorneys for Applicants 1900 Washington Building Seattle, Washington 98101 Of Counsel:

Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

PUGET SOUND POWER & LIGHT COMPANY,) DOCKET NOS.

et al. )

) 50-522 (Skagit Nuclear Power Project, ) 50-523 Units 1 and 2) )

)

CERTIFICATE OF SERVICE I hereby certify that the following:

Applicants' Motion for Modification of " Post Conference Order No. 2" in the above-captioned proceeding have been served upon the persons shown on the attached list by depositing copies thereof in the United States mail on February 12. 1979 with proper postage affixed for first class mail.

DATED: February 12, 1979 yla@ S. Litt'le Counsel for Puget Sound Power &

Light Company 1900 Washington Building Seattle, Washington 98101

.p e Date: February 12, 1979

• • Valentin ~e'B.*Deale, Chairman Nicholas D. Lewis, Chairman Atomic Safety and Licensing Board Energy Facility Site Evaluation 1001 Connecticut Avenue, N.W. Council Washington, D.C. 20036 820 East Fifth Avenue Olympia, WA 98504 Dr. Frank F. Hooper, Member Atomic Safety and Licensing Board Robert C. Schofield, Director School of Natural Resources Skagit County Planning Department University of Michigan 120 West Kincaid Street Ann Arbor, MI 48104 Mount Vernon, WA 98273 Gustave A. Linenberger, Member Richard M. Sandvik, Esq.

Atomic Safety and Licensing Board Assistant Attorney General U.S. Nuclear Regulatory Commission Department of Justice Washington, D. C. 20555 500 Pacific Building 520 S.W. Yamhill Alan S. Rosenthal, Chairman Portland, OR 97204 Atomic Safety and Licensing Appeal Board Robert Lowenstein, Esq.

U.S. Nuclear Regulatory Commission Lowenstein, Newman, Reis & Axelrad Washington, D. C. 20555 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036 Dr. John H. Buck, Member Atomic Safety and Licensing Warren Hastings, Esq.

Appeal Board Associate Corporate Counsel U.S. Nuclear Regulatory Commission Portland General Electric Company Washington, D.C. 20555 121 S.W. Salmon Street Portland, OR 97204 Michael C. Farrar, Member Atomic Safety and Licensing CFSP and FOB Appeal Board E. Stachon & L. Marbet U.S. Nuclear Regulatory Commission 19142 S. Bakers Ferry Road Washington, D.C. 20555 Boring, OR 97009 Docketing and Service Section Canadian Consulate General Office of the Secretary Peter A. van Brakel U.S. Nuclear Regulatory Commission Vice-Consul

• Washington, D. C. 20555 412 Plaza 600 (original and 20 copies) 6th and Stewart Street Seattle, WA 98101

• • Richard L. Black, Esq.

Counsel for NRC Staff Donald S. Means U.S. Nuclear Regulatory Commission Box 277 Office of the Executive Legal La Conner, WA 98257 Director Washington, D.C. 20555 Richard D. Bach, Esq.

Rives, Bonyhadi, Drummond & Smith

• Roger M. Leed, Esq. 1400 Public Service Building 1411 Fourth Ave. Bldg. #610 920 S.W. 6th' Avenue Seattle, WA 98101 Portland, OR 97204

• Russell W. Busch, Esq. Thomas F. Carr, Esq.

Evergreen Legal Services Assistant Attorney General 520 Smith Tower Temple of Justice Seattle, . WA 98104 Olympia, WA 98504

• Hand delivered on February 12, 1979

• • Hand delivered on February 13, 1979

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