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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
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
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
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
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
ML19274D6971979-02-0606 February 1979
Applicant'S Rept to ASLB Re Status of Hearings & Motion to Establish Schedule.Proposed Schedule 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
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
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
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
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
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
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
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
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
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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 i NUCLEAR REGULATORY COMMISSION ;
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of :
OFFSHORE POWER SYSTEMS : Docket No. STN 50-437 (Manufacturing License for :
Floating Nuclear Power Plants) :
APPLICANT'S MOTION FOR ORDER DISMIdSING THE NRDC PROGRAMMATIC IMPACT STATE'ENT CONTENTION AS AN ISSUE IN THIS PROCEEDING _
Offshore Power Systems (" Applicant") respectfully moves this Atomic Safety and Licensing Board (" Board") to dismiss as an issue in controversy in this proceeding the Natural Resources Defense Council, Inc. ("NRDC") prog c1-matic impact statement contention.
In support of this Motion, Applicant regrasents as follows:
- 1. The Board in its First Prehearing Conference Order in this proceeding dated April 15, 1974 admitted as an issue in controversy the sole contention set forth by NRDC in its " Petition for Leave to Intervene" dated Janu-ary 9, 1974 and supplemented by the " Amendment of NRDC's Petition for Leave to Intervene" dated February 26, 1974.
As described by the Board in its April 15, 1974 Order, the NRDC contention alleged as follows:
7902230043
"The sole content;on advanced by NRDC is that the environmental impact statement being prepared by the Staff will not be a ' programmatic' impact statement and therefore will not meet the requirements of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et seq."
- 2. Applicant as early as August, 1977, and sub-sequent thereto, had sought Board orders requiring briefing
' the NRDC programmatic impact statement contention prict to the publication by the Staff of FES Part III. NRDC had opposed Applicant's motions in this regard, c ntending that the briefing and disposition of this contention should not occur until after the Staff published FES Part III. The Board ruled in NRDC's favor with regard to those earlier motions of the Applicant. Subsequently the Board noticed a July 27, 1978 Prehearing Conference to establish,. inter alia, a schedule for disposition of the NRDC programmatic impact statement contention. Prior to that Prehearing 1
See " Applicant's Motion for Summary Disposition and Request to the Board to Establish a Briefing Schedule on Natural Resource Defense Council, Inc.'s Contention on Programmatic Impact Statement" dated August 30, 1977 and " Applicant's Motion (#8) to Establish Schedule" dated April 24, 1978.
2 See " Response of Intervenor Natural Resources Defense Council, Inc. to Applicant's August 30, 1977, Motion for Summary Disposition and to Establish a Briefing Schedule" dated September 20, 1977 and " Natural Resources Defense Council Response to Applicant's Motion (48) to Establish Schedule" dated May 4, 1978.
3 See Board Orders dated October 11, 1977 and May 18, 1979.
Conference Applicant had proposed a briefing schedule on the NRDC contention similar to that ultimately contained in the Board's Order of August 1, 1973, discussed infra (see "Appli-cant's Statement Concerning Future Hearing Schedule" dated July 19, 1978). In response to Applicant's ctatement, NRDC had advised the Board that it was "in agreement with the Applicant's proposed schedule for briefing the NRDC conten-tion, with one minor exception (relating to the timing of the NRDC reply brief] . " (See " Natural Resources Defense Council Statement Concerning Future Hearing Schedule" dated July 21, 1978).
- 3. After the July 27, 1978 Prehearing Conference, the Board issued an Order dated August 1, 1978 establishing a briefing schedule with regard to the NRDC programmatic im-pact statement contention. Paragraph 1 of that Order pro-vided in pertinent part as follows:
"With cegard to its contention that the Environmental Impact Statement will not be a programmatic impact statement required by NEPA, NRDC will file its mo-tion for summary disposition thirty (30) days from the date of the Staff's issu-ance of FES, Part III."
- 4. The NRC Regulatory Staff (" S taf f") issued FES Part III on December 29, 1978. NRDC was served with a copy of that document as is evidenced by the service list at-tached to Mr. Ronald L. Ballard's transmittal letter dated December 29, 1973, a copy of which is attached heretos
- 5. Pursuant to the Board Order of August 1, 1973, NRDC was required to file its motion for summary disposition no later than January 29, 1979.
- 6. To date, Applicant has not been served with a copy of any motion for summary disposition filed by NRDC.
Moreover, Applicant has checked by telephone on February 6, 1979 with the Docketing and Service Section of the Commis-sion and was informed that NRDC has not filed any motion for summary disposition with that Section.
- 7. In view of the fact that (1) NRDC was ordered by the Board on August 1, 1978 to file its motion for sum-mary disposition on its programmatic impact statement con-tention within 30 days after the publication of FES Part III, (2) NRDC did not oppose the briefing schedule set forth in the August 1, 1978 Order, (3) NRDC has been aware for more than a year that any motions and briefs in support of its contention would be due soon after publication of FES Part III, and (4) NRDC at no time after issuance of the August 1, 1978 Order sought to change the briefing schedule set forth therein or otherwise notified the Board of its intentions, Applicant submits that NRDC's failure to comply with this Board's August 1, 1978 Order and file a motion for summary disposition by January 29, 1979 mandates dis-missal of the NRDC programmatic impact statement contention.
WHEREFORE, Applicant respectfully moves the Board for an order dismissing as an issue in controversy in this proceeding the NRDC programmatic impact statement contention
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which was originally admitted as an issue in this proceeding in the First Prehearing Conference Order dated April 15, 1974.
Respectfully submitted, btw 2. C6wm/d*t
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L\2. <d oun el for Applicant, Offshore aer Systems Dated: February 6, 1979
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