ML19339C899

Requests Scheduling of Prehearing Conference & Initial Session of Hearings.Aslb Should Adhere to Plan Discussed at 801125 Prehearing Conference,Hold Initial Session as Soon as Possible & Reconvene Later If Necessary

ML19339C899
Person / Time
Site:	Summer
Issue date:	02/10/1981
From:	Knotts J DEBEVOISE & LIBERMAN
To:	Grossman H, Hooper F, Linenberger G Atomic Safety and Licensing Board Panel
Shared Package
ML19339C900	List: ML19339C899 ML19339C901
References
NUDOCS 8102120268
Download: ML19339C899 (2)

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so. ..'- 9831 Ennth M Herbert Grossman, Esq., - 0 Mr. Gustave A. Linenberger Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory Commission U.S. Nuclea'. Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Dr. Frank F. Hooper School of Natural Resources University of Michigan Ann Arbor, Michigan 48109 4

In the Matter of SOUTH CAROLINA ELECTRIC & GAS COMPANY (Virgil C. Summer Nuclear Station, Unit 1)

Docket No. 50-395 Gentlemen: .

Now that January 31st has come and gone without intervenor Bursey having filed the names of his witnesses, the summaries of testi.aony, and the lists of documents to be re]ied upon by his witnesses or used as exhibits in his affirmative case, the relief specified in the Board's Memorandum and Order of December 30, 1980 (at page 2) will preclude Mr. Bursey from putting on any witnesses or exhibits on his six admitted con-tentions. 1/ Given that circumstance 2_/ and given also the l_/ Mr. Bursey also failed to raise a contention on the discussion of accident sequences that arose from post-TMI requirements in the DES Supplement within 30 days of the November 25, 1980 prehearing. Memorandum and Order at 6, Tr. 326-332.

2/ Which warrants further relief, being a total default in the face of a Board Order. We will address the matter of additional relief in'a motion.

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4 Herbert Grossman, Esq.

Mr. Gustave A. Linenberger Dr. Frank F. Hooper February 10, ]981 Page Two issuance on February 6, 1981 of the Staff's Safety Evaluation Report and the imminent issuance of the Staff's Final Environmental Statement, it is timely to set the dates for the 10 C.F.R. 52.752 prehearing conference and the initial session of the hearings.

1 We believe that it wculd be feasible and desirable to 3

commence hearings at an early date, as discussed at the November 25, 1980 prehearing, and we are endeavoring to work out a proposed schedule with the NRC Staff. For our part, we see no reason why this session of the hearing should require more than one week. Since the Staff's Safety Evaluation Report is not yet complete in a few areas, our present view is that the Board should adhere to the plan discussed by the Board at the November 25, 1980 prehearing conference, i.e., to

! hold an initial session of the hearings at the earliest feasible date and then reconvene later if necessary to cover any remaining issues. Because of the expected status of plant completion and the limited scope of the hearing, we continue to believe that it will be necessary and feasible to adopt an expedited schedule for post-hearing matters, including an initial decision. In the same vein, we again wish to notify.the Appeal Board and the Comnission that we intend to seek, if necessary, expedition of the post initial decision phase, with particular reference to 4 10 C.F.R. Part 2, Appendix B.

We would welcome the opportunity to discuss the schedule j for the remainder of the proceeding in a-conference call among

( the Board and the Parties,.and would propose February 20, 1981 as the date for such a conference which will allow for discus-sions among the parties prior to that date.

l Respectfully submitted, l -

Joseph B. Knotts, Jr.

Attorney for South Carolina-cc: All Parties of Record Electric & Gas Company Appeal Board Secretary Commissioners General Counsel L