ML19305D590
| ML19305D590 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 04/11/1980 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004150258 | |
| Download: ML19305D590 (5) | |
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UNITED STATES OF AMERICA 4/11/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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NORTHERN INDIANA PUBLIC Docket No. 50-367 SERVICE COMPANY
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(Construction Permit Extension)
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(Bailly Generating Station,
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Nuclear-1)
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NRC STAFF REPLY TO BOARD "0RDER REQUESTING VIEWS CONCERNING FREHEARING CONFERENCE TRANSCRIPT" On March 28, 1980, the Licensing Board, citing apparent deficiencies which exist in the transcript of the special prehearing conference in the above-captioned proceeding, solicited the views of each party in response to the following questions:
1.
What was your opinion of the quality of the transcript?
2.
Can you suggest any method for correcting the transcript so that the positions of the parties as stated at the con-ference can be fairly reflected?
3.
What would you propose that the Board do with respect to the special prehearing conference already held and the transcript of that conference, in view of the apparent deficiencies in that transcript?
I 8004150'N1 k"
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s t The NRC Staff is of the opinion that:
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Reference:
Question 1.
The quality of the transcript was clearly inferior to that which is normally received from NRC-contracted reporting services.
While the errors contained therein are numerous, they include illegible copies (e.g., Tr. 205-241),run-on sentences (e.g., Tr. 63-64), and incorrect references (e.g., Tr. 5 at line 3; Tr. 54 at line 12; Tr.174 at line 12). While these deficiencies would pose numerous problems if the transcripts had to be relied upon for findings of fact, the situation is not as aggravated for a prehearing conference un-less one or more of the parties should feel that their respective position cannot be fully understood as the transcript now reads.
Reference:
Question 2 Initially, the reporting service might be given an opportunity to amend, or redo, the transcript. Correction of the transcript could also be accomplished by submission of errata by all parties, with ultimate resolution by the Chair-man of the Licensing Board.
10 C.F.R. 5 2.750(b).
However, in view of the number of defects in the transcript, this method might entail greater effort than the result warrants.
If neither approach seems feasible, the parties could be asked to restate their position on any matter where the party be-lieved it was important to do so. Such restatements, if any, would then be accorded preference, subject to Board approval, over the prehearing transcript.
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Reference:
Question 3.
Notwithstanding the inferior quality of the transcript, it is a minimally adequate record of the proceedings to allow the parties to take further actions as discussed, and as directed by the Licensing Board.
In the event that any party alleges an inability to proceed, the NRC Staff would suggest that the Board proceed to issue such clarifying instructions as it deems necessary. The Staff does not recommend that the special prehearing con-ference be reconvened for the purpose of supplementing or correcting the available record.
Finally, it is noted that should future transcripts in this proceeding be similarly defective, it could seriously compromise the evidentiary record and the ability to make findings therefrom.
Respectfully submitt,ed,
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- 4 Richard J ard Counsel for NRC Staff Dated at Bethesda, Maryland this lith day of April,1980 l
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NORTHERN INDIANA PUBLIC Docket No. 50-367 SERVICE COMPANY (Construction Permit Extension)
(Bailly Generating Station,
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Nuclear-1)
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CERTIFICATE OF SERVICE i
I hereby certify that copies of "NRC STAFF REPLY TO BOARD '0RDER REQUESTING VIEWS CONCERNING PREHEARING CONFERENCE TRANSCRIPT'" in the above-captioned pr,oceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this lith day of April, 1980.
- Herbert Grossman, Esq., Chairman Edward W. Osann, Jr., Esq.
.itomic Safety and Licensing Board Panel Suite 4600 U.S. Nuclear Regulatory Commission One IBM Plaza Washington, D.C.
20555 Chicago, Illinois 60611
- Dr. Richard F. Cole Robert L. Graham, Esq.
Atomic Safety and Licensing Board Panel One IBM Plaza U.S. Nuclear Regulatory Commission 44th Floor Washington, D.C.
20555 Chicago, Illinois 60611
- -Mr. Glenn 0. Bright George and Anna Grabowski Atomic Safety and Licensing Board Panel 7413 W. 136th Lane U.S. Nuclear Regulatory Commission Cedar Lake, Indiana 46303 Washington, D.C.
20555 Dr. George Schultz Kathleen H. Shea, Esq.
110 Californii Street Lowenstein, Newman, Reis, Axelrad Michigan City, Indiana 46360 l
and Toll 1025 Connecticut Avenue, N.W.
Richard L. Robbins, Esq.
Washington, D.C.
20036 Lake Michigan Federation 53 West Jackson Boulevard Robert J. Vollen, Esq.
Chicago, Illinois 60604 c/o BPI 109 North Dearborn Street' Chicago, Illinois 60602 l
. I John Van Vranken, Esq., Chief
- Atomic Safety and Licensing Northern Region Board Panel Environmental Control Division U.S. Nuclear Regulatory Commission 188 West Randolph Street Washington, D.C.
20555 Chicago, Illinois 60601
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Clifford Mezo, Acting President
- Docketing and Service Section Local 1010 Office of the Secretary United Steelworkers of America U.S. Nuclear Regulatory Commission 3703 Euclid Avenue Washington, D.C.
20555 East Chicago, Indiana 46312 William H. Eichhorn, Esq.
Eichhorn, Morrow & Eichhorn 5243 Hohman Avenue Hammond, Indiana 46320 Diane B. Cohn, Esq.
Suite 700 2000 P Street, N.W.
Washington, D.C.
20036 Stephen Laudig, Esq.
445 N. Pennsylvania Street.
Indianapolis, Indiana 46204 hN' W
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Richarf d.
dafd cunsel for C Staff
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