ML19332A628
| ML19332A628 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 09/11/1980 |
| From: | Foreman H, Steindler M, Wolf J Atomic Safety and Licensing Board Panel |
| To: | Aronov R, Buttler C, Campbell R AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8009160530 | |
| Download: ML19332A628 (6) | |
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NUCLEAR REGULATORY COMMISSION
'YdD A Q UNITED STATES OF AMERICA 9j
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ATOMIC SAFETY AND LICENSING BOARD f
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John F. Wolf, Chairman Dr. Harry Foreman, Member
$,9 Dr. Martin J. Steindler, Member to In the Matter of
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' 0o"9 WESTINGHOUSE ELECTRIC CORPORATION
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Docket No. 70-2909
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(Alabama Nuclear Fuel Fabrication
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Plant Special Material License)
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September 11, 1980 MEMORANDUM AND ORDER Pursuant to an order, dated July 22, 1980, and published in the 45 Federal Register at page 50026, on July 28, 1980, a special prehearing conference was held in this matter in
_the Federal Building and United. States Courthouse at 15 Lee Street, Montgomery, Alabama on Thursday, August 21, 1980.
Early in the prehearing conference, Mr. Aubrey V. Godwin of the State of Alabama, Department of Public Health, was recognized as the representative of Alabama as an interested State and in such capacity'will be given an opportunity to par-ticipate in these proceedings subj ect to the conditions set forth in 10 CFR 52.715(c).M N r. p. 18 T
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. In accordance with that regulation, the State of Alabama is requested to indicate on or before October 21, 1980 and with reasonable specificity in advance of the hearing on merits,
the subj ect matters in which it desires to participate.
On June 12, 1980, the Safe Energy Alliance of Central I
Alabama Inc. (SECA), petitioner for intervention, moved to be relieved at the requirement of 10 CFR 2.708(d), i.e.,
that pleadings and documents, "other than correspondence, i
be filed in an original and twenty (20) conformed copies."
The Staff supported the motion, but before any action could be taken, 10 CFR 2.708(d) was amended on July 21, 1980 changing the requirement to an original and two conformed copies.
The motion was denied orally at the prehearing conference since it appeared that the justification for it had been eliminated by the amendment of 10 CFR 2.708(d).
In the course of the prehearing conference, the regulatory Staff's Mr. Turk agreed to furnish the petitioners for inter-vention with copies of 45 Federal Register p. 49535 es sea.
relating to the amendment of regulations in order to provide a one year pilot program of procedural assistance in adjudi-catory proceedings on applications for licenses and enendments i
to parties, other than applicant, upon a party's request.
m'lTr. p. 18, 19
. Any of the petitioners for intervention who are subsequently made parties will be eligible to apply to this Board for a transcript, without charge, and the copying and serving, without charge, of that party's findings of fact and conclusions of law and responses to discovery requests.
The motion of David L. Allred, petitiorer for interven-tion, dated August 14, 1980, for a 90-day continuance of the prehearing conference was denied orally at the special prehearing conference for failure to show good cause.3/
That action is affirmed.
Following discussion, David L. Allred's motion dated
/.ugust 5, 1980, for an extension of 90 days in which to file valid contentions and SECA's motion dated July 30, 1980 for an extension of 60 days in which to file valid contentions were denied.
There was ne showing of good cause for the requested delay found in either motion, accordingly, the Board denied them.4/
However, Mr. Allred and SECA were granted ten 1/ r. p. 20 T
b/ r. p. 32 T
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days in which to file a motion requesting an extension of time in which to file additional valid contentions.
SECA and Mr. Allred on August 25, 1980 and August 29, 1980 respectively, filed motions for extensions of time in which to fila additional valid contentions.
I The motions are hereby granted and the petitioners will each have to and including October 1, 1980 in which to file additional contentions.
The contentions are to be based on the material which had not been examined previouci.y by SECA and "-
Allred.
They are to be accompanied by memoranda setting forth facts
_ showing good cause for the delayed filing as well as the bases for the contentions and their relevance to environmental issues, to public health and safety, and national defense in connection with the possible granting by the Nuclear Regulatory Commission, of a license to Westinghouse Electric Corporation to receive title to, own, acquire, deliver, receive, possess, use and transfer special nuclear material in accordance with its application.
In preparing the memorandum in question, careful consideration should be given to the Nuclear Regulatory Commission's regulation 10 CFR 52.714 and the relevant sections of 10 CFR Part 70.
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. The Board has taken under advisement, SECA's and Mr. Allred's respective contentions both filed on August 5, 1980 and the presentations made at the prehearing in connection with them.
The Board will avait the report of the result of the efforts of the Applicant, Staff and petitioners to stipulate in regard to the contentions before ruling on their admissibilities.
It is understood that meetings for the purpose of stipulations regarding contentions will co==ence on October 7, 1980.
The Applicant, the Staff, and the i
Petitioners for intervention are directed to file stipulations as to the admissibility of contentions and/or disagreements
-as to admissibility on or befor'e October 21, 1980.
Petitioner, Mr. Allred raised a question of a possible conflict of interest regarding the Environmental Impact Statenent.5I Mr. Turk, of the regulatory Staff, stated on the record 5/ that a letter stating the Staff conclusion, that there is no conflict of interest, is in preparation and will be sent to Mr. Allred "very soon".
He also stated that EITr. p. 24 5/ r. p. 25, 164 T
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the Staff would not oppose a new contention based on its
" letter response".
The motion dated August 25, 1980, to withdraw the individual petitions of the original petitioners: Randy Aronov, Charles O. Butler, Marilyn F. Butler, Robert H. Campbell, Sarah Draut, Robert E. Ely, John A. Johnson, Linda G. Moore, Ann Toledo and William Carroll is granted.
The petitions filed by the above named individuals dated April 7, 1980 are withdrnwn.
FOR THE ATOMIC SAFETY AND LICENSING BOARD l( $%
c%-w Harry Fareman, Member i
Martin J.
Ste/indler, Member
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John F.
Wolf, Chairman
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Dated at Bethesda, Maryland this lith day of September 1980.
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