ML19326A902
| ML19326A902 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 03/08/1971 |
| From: | Woodard W NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8003050797 | |
| Download: ML19326A902 (5) | |
Text
,a M CCKET fUJT.':ER ER00. &.UIll, EAC. YO-34le UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION G Ith ATOMIC SAFETY AND LICENSING APPEAL BOARD:
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DOCKETED USAEC 2,
Algie A. Wells, Chairman g.
Dr. John H. Buck MR 819H 8"'
Dr. Lawrence R. Quarles
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P;hilc Preetsdigt Bran 3
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IN THE MATTER OF
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THE TOLEDO EDISON COMPANY AND
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Tile CLEVELAND ELECTRIC ILLUMINATING
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DOCKET NO. 50-346 COMPANY
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(Davis-Besse Nuclear Power Station)-
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MEMORANDUM AND ORDER By memorandum dated February 23, 1971, the Atomic Safety and Licensing Board in this construction permit proceeding referred to the Appeal Board two rulings which it had made during the course of the hearing:
the denial on February 11, 1971, of a motion by intervenor Glenn Lau for continuance of the hearing for three weeks; and the denial the following day of intervenor's motion for reconsideration of the earlier ruling.
The licensing board was of the view that' its rulings were proper; however, because '!t con-sidered the situation to be of an unusual nature, it referred its rulings to us for our views in the matter.
Under the Commission's Rules, the granting of continuance ~. n a licensing proceeding is a matter within the sound discretior. of soos oso y 97 C
the presiding officer.
10 CFR H E 2.718, 2.721(d).
We believe that this discretion was properly exercised in connection with the rulings before us.
The factual background relevant to the licensing board's rulings is set forth in detail in the board's referral memorandum and need not be repeated here.
It ref'lects, in summary, that intervenor Lau was afforded ample opportunity to present his case by evidence and argument.
Among other things, he was able to call and examine 10 witnesses in support of his contentions.
At the request of Mr. Lau, along with other intervenors, two postponements, totalling about 45 days, had already been granted.
The board in its memorandum noted that after it was advised of the complications experienced by Lau while recovering from the mumps, it o'ffered to meet at Lau's home so that he would have the opportunity of stating to the official recorder of the proceedings any further questions on cross-examination he wished to pursue, and that Lau never availed himself of this opportunity.
The board stated that it was left in the dark with respect to the nature, relevance, and substantiality of any further direct testimony or cross-examination by Lau.
While Mr. Lau's illness is certainly regrettable, the board, in the exercise of its discretion, must consider not only the interests of Mr. Lau, but also those of the other parties.
The factors set forth above (particularly the continuances which had already been granted.
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and Lau's substantial completion of the presentation of his witnesses), and the other factors specified by the licensing board in its memorandum, indicate that the denial of the requested continuance was well within the sound exercise of the board's discretion.
We agree, therefore, with the 1ulings of the licensing board in denying intervenor Lau's motion for a three-week continuance.
By the. Atomic Safety and Licensing Appeal Board Q
'kY l:~-- /)Yrd William Noodard Assistant Executive Secretary Dated:
March 8, 1971 4
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
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'IOLEDO EDISON COMPANY, ET AL.
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Docket No. 50-346 (Davis-Besse Nuclear Power Station)
Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of a MEMORANDUM AND ORD issued by the Atomic Safety and Licensing Appeal Board on March, 1971 in the captioned matter have been served on the following by deposit in the Uhited States : nail, first class or air mail, this eighth day of March 1971:
Walter T. Skallerup, Jr., Esq.
Leslie Henry, Esq.
Chaiman, Atcanic Safety and Fuller, Seney, Henry & Hodge Licensing Board 800 Ovens-Illinois Building Cox, Langford & Brown 405 Madison Avenue 1521 New Hampshire Avenue, N. W.
Toledo, Ohio 43604 Washington, D. C. 20036 Wilson W. Snyder, Esq.
Dr. Walter H. Jordan Fuller, Seney, Henry & Hodge Oak Ridge National Laboratory 800 Owens-Illinois Building P. O. Box X 405 Madison Avenue Oak Ridge, Tennessee 37830 Toledo, Ohio 4 604 3
Dr. Charles E. Winters Donald H. Hauser, Esq.
8800 Fernwood Road The Cleveland Electric Bethesda, Maryland 20034 Illuminating Company P. O. Box 5000 Dr. John C. Geyer, Chairman Cleveland, Ohio h4101 Department of Geography and Environmental Engineering Mr. Glenn J. Sampson, Vice The Johns Hopkins University President - Power Baltimore, Maryland 21218 The Toledo Edison Company 420 Madison Avenue Thomas F. Engelhardt, Esq.
Toledo, Ohio 4 601 3
Paul W. Wallig, Esq.
Regulatory Staff Counsel Mr. Roger B. Williams U. S. Atomic Energy Commission Atomic Energy Coordinator Washington, D. C. 20545 States of Ohio Development Department Gerald Charnoff, Esq.
65 South Front Street Shaw, Pittman, Potts, Trowbridge P. O. Box 1001
& Madden Columbus, Ohio 4 215 3
910 17th Street, N. W.
Washington, D. C. 20006
50-346 Page 2 Honorable Harry R. Johnson Mr. Glenn H. Lau President, Board of County Rt.1, Box 126 Commissioners Oak Harbor, Ohio 43449 Ottava County Courthouse Port Clinton, Ohio 4 452 James L. Knight, Esq.
3 633 Hational Bank Building Mrs. Evelyn Stebbins, Chairman Toledo, Ohio 434hg Coalition for Safe Nuclear Power 705 Elmwood Road Miss Vicki Evans Rocky River, Ohio 44116 LIFE Box 15, University Hall Russell Z. Baron, Esq.
Bowling Green State Universit:*
Brannon, Ticktin, Baron Eov11ng Green, Ohio 43403
& Mancini 930 Keith Building Beatrice K. Bleicher, Esq.
Cleveland, Ohio 44115 Coburn, Smith, Rohrbscher & G:.bson 7th Floor, Toledo Trust Building Toledo, Ohio 54604
$t L %L Office of the Secretary of the Commission ec: Mr. Skallerup Mr. Engelhardt Mr. Yore Miss Steele lMrs. Smith