ML19327B708
| ML19327B708 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 10/27/1989 |
| From: | John Miller, Reynolds N, Robert Weisman ALABAMA POWER CO., BALCH & BINGHAM (FORMERLY BALCH, BINGHAM, BAKER, BISHOP, COOK, PURCELL & REYNOLDS, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| CON-#489-9375 89-591-01-CIVP, 89-591-1-CIVP, CIVP, NUDOCS 8911060432 | |
| Download: ML19327B708 (7) | |
Text
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'89 00T.30 A11 :24 NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICENSINGBOARDhp[,4 N. &
In the Matter of
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)
Docket Nos. 50-348-CivP ALABAMA POWER COMPANY
)
50-364-CivP 4
)
(Joseph M. Farley Nuclear Plant,
)
Units 1 and 2)
)
(ASLBP No. 89-591-01-CivP)
THIRD JOINT STATUS REPORT AND JOINT MOTION TO EXTEND DISCOVERY 1.
Status Renort Counsel for Alabama Power Company and the NRC Staff hereby l
file this Third Joint Status Repert, as required by the Board in its Order of July 17, 1989.
Discovery in this proceeding is ongoing, but due to extenuating circumstances no further depositions have been conducted since the Parties' last Status Report to the Board.
On October 24, 1989, the NRC Staff provided to counsel for Alabama Power Company the names of its newly retained technical consultants.
Those consultants are now familiarizing themselves with the technical issues in this proceeding.
The NRC Staff has requested a reasonable period during which its consultants may conduct their evaluations and confer with other Staff personnel.
Based upon these circumstances, the NRC Staff does not anticipate making the consultants available for deposition until
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Further, based on this schedule, counsel for the NRC Staff and Alabama Power Company have agreed to defer I
depositions of certain Alabama Power Company witnesses until that time.
In the meantime, the NRC Staff has agreed to proceed with depositions of certain other Alabama Power Company witnesses and has also indicated a desire to depose one or more i
representatives of Dresser Pump Division, Dresser Industries, Inc. (Pacific Pumps), the vendor of the relevant pumps at Farley Nuclear Plant.
With respect to these individuals, subpoenas may be necessary.
This matter is currently being discussed between counsel for the NRC Staff and counsel for Pacific Pumps.
The NRC Staff will apprise the Board on this issue once the need for subpoenas has been determined.
In any event, although firm dates have not been established, counsel for Alabama Power company and the NRC Staff currently believe that depositions of witnesses in this second category (i...e1, those not dependent upon the NRC Staff consultants' schedule) can be completed by December 15, 1989.
In the Parties' last Status Report to the Board, the Parties indicated an intent to address, in this Third Joint Status Report, their views on the direction and schedule for the further conduct of this proceeding.
At this time, in light of the recent developments, the Parties agree that such a discussion (apart from the preceding discussion of discovery issues) is premature.
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2.'
Joint Motion Based on the recent developments and the current status of discovery in this proceeding as discussed above, the Parties jointly seek leave of the Board to extend the discovery i
schedule.
The Parties originally stipulated -- as adopted in the Board's Order of July 17, 1989 -- that discovery would be completed by October 27, 1989.
The Parties presently anticipate that discovery can be completed by January 31, 1990 and that a stipulation, i,f one can be reached, governing the future course I
of the proceeding can be filed by February 15, 1990.
Barring t
unforeseen circumstances, the Parties currently expect that no further extensions in the discovery schedule will be necessary.
The Parties request that this schedule be confirmed by the Board.
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( '.. In addition, the Parties jointly move that the next Joint Status Report in this proceeding be scheduled for December.15, 1989.
Subsequent status reports would be filed bimonthly, on the 15th day of every other month thereafter.
Respectfully submitted, i
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gd es H. Killer, III \\d Robe'rt M. Weisman Counsel for NRC Staff alch & Bingham Counsel or Alabama Power Compa y T
Nicholn S./Seynolds
- Bishop, Cook, Purcell &
Reyn da Dated at Washington, D.C.
Counsel for glabama Power t
this 27th day of October, 1989.
Company V
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UNITED STATES OF AMERICA
'89 DCT 30 All 24 NUCLEAR REGULATORY COMMISSION l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARE[JC LIM !
p ie t ':
In the Matter of
)
)
Docket'Nos. 50-348-CivP-L ALABAMA POWER' COMPANY,
.)
50-364-CivP
)
(Joseph M. Farley Nuclear Plant,
)
Units 1 and 2)-
)
( ASLBP No. 89-591-01-CivP)
NOTICE OF APPEARANCE e
Notice is hereby given that the undersigned attorney enters an appearance in the above-captioned matter.
In accordance with 10 C.F.R.
f 2.713(b), the following information is provided:
Name:
David A. Repka Address:
Bishop, Cook, Purcell and Reynolds l
1400 L Street, N.W.
Washington, D.C.
20005 l
L Telephone Number:
202-371-5726 Admissions:
District of Columbia Court of Appeals, U.S. Court of Appeals (Fourth Circuit) l Name of Party:
Alabama Power Company L
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Respectfully submitted, l
\\
David A. Repka 1
Bishop, Cook, Purcell &
Reynolds l
Counsel for Alabama Power company Dated at Washington, D.C.
this 2. Y day of October, 1989
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'l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 OCT 30 All :24 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l
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()OCh[ ! M;,
pak u In the Matter of
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Docket Nos. 50-348-CivP ALABAMA POWER COMPANY
)
50-364-CivP
).
(Joseph M. Farley Nuclear Plant,
)
Units 1 and 2)
)
(ASLBP No. 89-591-01-CivP)
CERTIFICATE OF SERVICE I hereby certify that copies of the " THIRD JOINT STATUS REPORT AND JOINT MOTION TO EXTEND DISCOVRY" and a " NOTICE OF APPEARANCE"' in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 27th day of October, 1989:
John H. Frye, III Dr. James H. Carpenter Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulrutory Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Judge Walter H. Jordan Washington, D.C.
20555 Administrative Judge Atomic Safety and Licensing Board Robert M. Weisman, Esq.
881 West Outer Drive Office of General Counsel Oak Ridge, Tennessee 37830 U.S. Nuclear Regulatory Commission Richard J. Goddard, Esq.
Washington, D.C.
20005 Regional Counsel U.S. Nuclear Regulatory Commission Office of the Secretary 101 Marietta Street, Suite 2900 U.S. Nuclear Regulatory Atlanta, Georgia 30323 Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20005
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-2 Atomic Safety and Licensing Board Adjudicatory File Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Commission-Board Panel j
Washington, D.C.
20555 U.S. Nuclear Regulatory Commission James Lieberman Washington, D.C.
20555 Director, Office of Enforcement U.S. Nuclear Regulatory Commission Washington, D.C.
20555 j
W.G. Hairston, III Senior Vice President Alabama Power Company P.O. Box.1295 Birmingham, Alabama 35201 J_
_4 David A. Repka
'l Counsel for Alabama Power Company
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