ML19289F209

Motion to Establish Schedule for Filing of Partial Proposed Findings of Fact & Conclusions of Law.Proposed Schedule & Certificate of Svc Encl

ML19289F209
Person / Time
Site:	Atlantic Nuclear Power Plant
Issue date:	04/04/1979
From:	Cowan B, Dougherty T, Kendrick J OFFSHORE POWER SYSTEMS (SUBS. OF WESTINGHOUSE ELECTRI
To:
References
NUDOCS 7906040410
Download: ML19289F209 (3)

Text

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, ~} s NRC PUBLIC D00U'GET ROOM '

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UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION E, -; . ,-

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD N( .

Ir. the Matter of )

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0FFSHORE POWER SYSTEMS ) Docket No. STN 50-437

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(Manufacturing License for Floating )

Nuclear Power Plants) )

APPLICANT'S MOTION (#11) TO ESTABLISH SCHEDULE FOR THE FILING 0F PARTIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW The Applicart, Offshore Power Systems, hereby moves the Board to establish a schedule for the filing of partial Proposed Findings of Fact and Conclusions of Law (hereinafter " Proposed Findings").

1. Evidentiary hearings were reconvened on April 4,1979, pursuant to the Board Order of March 12, 1979, to address Atlantic County' Citizens Council on Environment (ACCCE) Contentions 3a and 3c. These two contentions were the only remaining contentions previously authorized by the Board for hearing. The only other previously authorized matter is the NRDC sole contention on a "programatic environmental statement" which is currently before the Board on briefs for Sumary Disposition.

2. Pursuant to the Rules of Practice,10 CFR Part 2, Section 2.754, Proposed Findings must be filed by the party who has the burden of proof twenty days after the record is closed. While the record in this proceeding is not closed and will remain open, extensive and substantial evidence has 2235 337 1

7906040//O O

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been presented since the first evidentiary hearing on March 23, 1976.

3. Approximately twenty contentions, including Board questions, have been addressed. The transcript exceeds seven thousand pages. This proceeding prevfously has been characterized by the Board as " aging".

4. In view of the length of this evidentiary record, the number of years over which it has been compiled and the fact that all contentions previously authorized for hearing have now been addressed, the Applicant believes that the filing of partial Proposed Findings addressing all matters previously heard would be prudent and helpful to the Board and all parties.

Such partial Proposed Findings, addressing all matters previously heard, would not prejudice any party and would not prejudice any additional evidentiary proceedings the Board may wish to order.

5. A recommended schedule is set forth in the Attachment to this Motion.

WHEREFORE, Apolicant moves the Board to establish a schedule for the filing of partial Proposed Findings of Fact and Conclusions of Law as set forth in the Attachment to this Motion.

Respectfully submitted,

,he+ 5,-). b un :dk Barton Z. Towan /

2h Thomas M. Daugherty V /

John R. Kenrick ese -r A ,

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h Counsel for Offshore Power Systems DATED: April *

, 1979 2.

2235 338

ATTACHMENT TO APPLICANT'S MOTION (#11) TO ESTABLISH SCHEDULE FOR THE FILING OF PARTIAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Event Date

1. Applicant files partial Proposed Findings of Fact and Conclusions of Law for all matters previously addressed including the evidentiary session conducted'in this proceeding commenc-ing on April 4, 1979. June 1, 1979

2. Other parties, except the NRC Regulatory Staff, may file partial Proposed Findings and Conclusions which may be confined to matters which affect their interests. July 2,1979

3. The NRC Regulatory Staff files partial Proposed Findings of Fact and Conclusions of Law. July 11, 1979

4. Applicant may reply to partial Proposed Findings of Fact and Conclusions of Law of other parties except the NRC Regulatory Staff. July 12,1979

5. Applicant may reply to the NRC Regulatory Staff's filing of partial Proposed Findings of Fact and Conclusions of Law. July 23,1979 2235 .:39