ML19305E724
| ML19305E724 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/05/1980 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | ANTI-NUCLEAR GROUP REPRESENTING YORK, Environmental Coalition on Nuclear Power, METROPOLITAN EDISON CO. |
| References | |
| NUDOCS 8005200314 | |
| Download: ML19305E724 (9) | |
Text
_ __
Bd 5/5/80 0
8005200gg se E
UNITED STATES OF AMERICA gogggo
\\}
NUCLEAR REGULATORY COMMISSION usNRC S
MAY 6 19 2 > I 1
- I ATOMIC SAFETY AND LICENSING BOARD Oitice of the SW DCCh*%I Ivan W. Smith, Chairman Dr. Walter H. Jordan N
%cq g
s Dr. Linda W. Little M4y 6 1980 4
In the Matter of Docket No. 50-289 METROPOLITAN EDISON COMPANY (Restart)
(Three Mile Island Nuclear (May 5, 1980)
Station, Unit No. 1)
)
MEMORANDUM AND ORDER The purpose of this memorandum'and order is to establish a schedule for discovery requests and the filing of con-tentions based upon new information and to submit for the parties' consideration a schedule for the prehearing events following the issuance of the staff's Safety Evaluation Report (SER).
Discovery Requests and Contentions Based Upon New Information Specific discovery requests based upon new information, whether in the SER, staff's Class 9 response or elsewhere, must be made directly to the party being discovered no later than ten days after the availability of such information.
Such discovery requests must identify specifically (not just by reference to an entire document) the new information which l
l l
l
. forms the basis for the request.
Any objectic's to such discovery requests shall be filed within five days of service of the request.
Substantive responses to such discovery requests shall be filed within fifteen days of service of the discovery requests.
The party submitting such discovery
, j requests, within five days of a failure to respond, service of objections, or service of responses to the discovery requests, may file a motion to compel discovery.
Answers to such motions to compel shall be received by the chairman within five days of service of the motion to compel.
Nbtions to accept a new contention based upon new in-formation must also be made within ten days of the availability of such information. /
1 Such motions must also identify specifically the new information which forms the basis for the proposed new contention.
Answers to such motions shall be received by the chairman within ten days of service of the motion to accept the new contention.
Proposed Schedule For Prehearing Events Following Issuance of SER The proposed schedule set out below is for discussion purposes only and will be a part of the agenda at the May 13, 1/
This is a shortening of the time period of thirty days for the filing of new contentions based upon new informa-tion which parties have previously referred to as a general guideline.
y.-,,,
ey-v--
p
+,-
3 1980 prehearing conference.
It is offered as a basis for discussion both for the sequence of events and for the timing of the events.
The timing may require adjustments depending upon whether the proceeding goes to hearing in a i
continuous session or whether the hearings are conducted issue-by-issue in more than one session.
j The proposed schedule is not entirely consistent with
)
the order on discovery above.
This is because the board anticipates that it may be necessary to permit in particular i
cases discovery to proceed concurrently with other prehearing events.
The proposed schedule anticipates that the documents involved will be in the hands of the chairman on the day specified.
Days Before Hearing Event 90 Days SER issues.
i l
l 65 Days Close of discovery except on new information and i
pending motions to compel.
l 60 Days Each intervenor is required to reconsider each of its contentions accepted by the board and to state specifically whether the contention is still valid in light of information developed since the contention was accepted, i.s., whether the contention should be dropped, narrowed, litigated in its present form or expanded.
Any
Days Before Hearing Event j
60 Days contention not specifically discussed by its sponsor may be deemed by the board to have been abandoned.
Commonwealth agencies state positions.
55 Days Final prehearing conference under 10 CFR 52.752 to consider all matters required under thdt section.
Intervenors shall be prepared to recommend consolidations or the designation of lead intervenors (or counsel) on particular issues.
45 Days Final prehearing conference order.
Ruling on simplification or clarification of issues, con-solidations, designations of lead intervenors (or counsel) on particular issues and schedule for remaining prehearing events.
30 Days Trial memoranda must be filed.
Each party'shall state according to contention, mandatory issue set out in the Commission's orders, or issues introduced by the board, how it intends to address the respective issues.
The statement shall include each party's current position on the respective issues, and all legal arguments the party wishes to have considered as to the validity of its position.
The trial memoranda shall include the identity of each witness, a
i
-5 Days Before Hearing Event 30 Days summary of his or her testimony and exhibits which the party intends to offer keyed to the related issue.
25 Days Written direct testimony and proposed exhibits must be filed.
Written testimony shall be accompanied by the professional qualifications of expert witnesses.
Where testimony is sponsored by a panel of witnesses, the testimony shall indicate which parts are supported by which witnesses'.
Where proposed e>hibits have already been served in the proceeding they need not be served again.
10 Days Plans for the cross-examination of witnesses must be filed.
There are two fundamental pur-poses for the cross-examination plans.
The first, which applies to all parties, is to provide information to the board so that it may prepare for the substantive issues, and to identify any aspect of the subject matter which may not otherwise be covered by party cross-examination.
The second purpose is to aid the board in regulating the hearing to avoid cumulative, duplicative, argumentative, irrelevant, and unproductive cross-examination, and to identify proposed cross-examination not m
. Days Before Hearing Event 10 Days required for the full and true disclosure of the facts.
Cross-examination by all parties si.all be limited to the scope of the direct testimony.
Cross-examination by intervening parties shall be limited to the ambit of each intervenors' interest in the proceeding as expressly or implicitly indicated by tae petition to intervene.
Where intervenors seek to cross-examine on direct testimony in instances where another (lead) intervenor has been designated for cross-examination or where another representative of consolidated parties has been selected for that purpose, the intervenor seeking the additional cross-examination shall indicate why the additional cross-examination is appropriate.
Cross-examination may be for the purpose of testing the probative value of the direct
~
testimony or for establishing specific facts bearing upon the issues addressed by the direct testimony.
The board does not favor " surprise" l
l I
4 Days Before Hearing Event 10 Days in cross-examination.
Hbwever, where the purpose of cross-examination is to test the probative value of the direct testimony (e.g., witness' candor, qualifications, knowledge, preparation, competence, etc.), the board, upon request, will consider keeping in confidence, until after the cross-examination, the plan for cross-examination on a particular item of direct i
testimony.
Parties requesting confidential treatment of a particular cross-examination plan shall submit that plan to the board separately without service upon the parties with a state-ment explaining why confidential treatment will I
assist in developing a sound record.
O Days Hearing begins.
With the exception of not being required to take a position on any issue, Commonwealth agencies, where applicable, should follow the procedures required of litigating parties.
We will discuss the status of the Commonwealth agencies at the conference.
THE ATOMIC SAF AND LICENSING BOARD AWb SW Bethesda Maryland Ivan W. Smith, Chairman May5,1$80
COURTESY NOTIFICATION This is intended solely as a courtesy and convenience to provide extra time to those notified.
Official service will be separate from the courtesy notification and will be made by the Office of the Secretary of the Commission.
I hereby certify that I have today mailed copies,of the board's MEMORANDUM AND ORDER, dated this date, to the persons designated on the attached Courtesy Notification List.
}DorisM.Moran Clerk to the Atomic Safety and Licensing Board Bethesda, Maryland May 5, 1980 T
/
/
I
COURTESY NOTIFICATION IJST George F. Trowbridge, Esq.
Dr. Chauncey Kepford Shaw, Pittman, Potts & Trowbridge Envim m aital Coalition on Nuclear Power i
1800 M Street, N. W.
433 Orlando Avenue Washington, D. C.
20036 State College, Pennsylvania 16801 Counsel for NRC Staff Mr. John E. Minnich, Chairman Office of Executive Iagal Director Dauphin County Board of Cm=4asioners U. S. Nuclear Regulatory Cm =4=sion Dauphin County Courthouse Washington, D. C.
20555 Front and Market Streets Harrisburg, Pennsylvania 17101
. Ms. Marjorie M. Aamodt R. D. #5 Mr. Marvin I.,Imwis Coatesville, Pennsylvania 19320 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 Ms. Holly S. Keck legis. Chaf=1, Anti-Nuclear Group Jordan D. Cunningham, Esq.
Representing York (ANGRY)
Fox, Farr & Cunningh s 245 W. Philadelphia Street 2320 North Second Street York, Pennsylvania 17404 Harrisburg, Pennsylvania 17110 t
Mr. Robert Q. Pollard Karin P. Sheldon, Esq.
609 Montoelier Street Sheldon, Harren & Weiss Baltimor'e, Maryland 21218 1725 I Street, N. W., Suite 506 Washington, D. C.
20006 Karin W. Carter, Esq.
i Assistant Attorney General John:A. levin, Esq.
505 Executive House Assistant Counsel P. O. Box 2357 Pennsylvania Public Utility ('m mission i
Harrisburg, Pennsylvania 17120 P. O. Box 3265 Harrisburg, Pennsylvania 17120 Walter W. Cohen, Esq.
Constmer Advocate Mr. Steven C. Sholly Departa nt of Justice 304 South Market. Street Strawberry Square, 14th Floor Mechanicsburg, Pennsylvania 17055 Harrisburg, Pennsylvania 17127 Theodore A. Adler, Esq.
Mr. Donald Iowry Widoff Reager Selkowitz & Adler, P.C.
Pennsylvania Cocr.:isr. ion on 'IMI P. O. Box 1547 303 Aigriculture Building Harrisburg, Pennsylvania 17105 2301 North Cameron Street Harrisburg, Pennsylvania 17120 Ellyn R. Weiss, Esq.
Sheldon, Harmon & Weiss Ms. Susan R. Barley 1725 I Street, N. W., Suite 506 129 Cocoa Avenue Washington, D. C.
20006 Hershey, Pennsylvania 17033 v
v e-
,w--
e
.,-w
. ~ w.
+ - -,, -
-