ML19345A995
| ML19345A995 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/20/1980 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011250583 | |
| Download: ML19345A995 (5) | |
Text
11/20/80 n
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UNITED STATES OF AMERICA "C
NUCLEAR REGULATORY COMMISSION s-
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BEFORE THE AT0"!C SAFETY AND LICENSING POLPD a.
e c
In the Matter of
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)
TEXAS UTILITIES GENERATING COMPANf,
)
Docket Nos. 50-445 E T AL.
)
50 446
)
(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
E STAFC'S COMMENTS ON PLANS FOR CONSOLIDATION OF PARTIES The NRC Staf f (" Staff") files these corrrents in response to the "Announce-ment of Plans for Consolidation of Parties" issued by the Atomic Safety and Licensing Board (" Licensing Board") on October 31, 1950.
The Staf f inter-prets tM Licensing Board's announcement as a proposal to designate a leac i ntervenor f roir amo nt: the intervening parties only as to those admitted contentions in which more than one intervenor has raised substantially the some cuestion, thereby consolidating those intervenors as to those conten-tions throughout the proceeding, pursuant to 10 CFR @ 2.715a.
Tne Staff has reviewed the 24 " Accepted Contentions" in this proceeding and notes that three of the contentions and portions of two others (Accepted Contentios,s 4, 5, 22(f), 23, and 24(a)) were derived fror contentions 'ileu by more than one intervenor.
As to each of these contentions, the Board has already detennined that the originally proposed underlying contentions raised substantially the sa'"e question anJ that it was appropriate to restate
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s the similar contentions in a single consolidated contention.
The Licenstag Board's proposed plan of designating a lead intervenor for these contentions is rerely the additional step of consolidating the presentation of the intervenors' evidence and arguent, as permitted by 10 CFR 5 2.715,.
The Staff believes that the proposed consolidation, as to these few conten-tions, will serve to reduce the presentation of duplicative and repetitive evidence and argument while, at the same time, it will preserve the rights of the intervening parties to obtain full adjudication of their contentions.
For these reasons, the Staff supports the designation of a " lead" intervenor for certain limited purposes.
Speci fically, the Staf f supports the designation of a " lead" intervenor for the purposes of conducting further discovery, presenting direct evidence and conducting cross-examination.
The Staff anticipates that such consolidation ds to the contentions which raise substantially the same issues would assist in the orderly and expeditious adjudication of such contentions.
- However, as to the submission of proposed findings of f act and conclusions of law and the presentation of argument, the Staff believes that whatever savings in time might be gained by having only one " lead" intervenor would be offset by the loss of assistance to the Licensing Board as would be obtained from receiving the views of the "non-lead" intervenors.
Therefore, the Staff supports the consolidation of intervenors on appropriate contentions, not throughout the proceeding, but limited to conducting further discovery, presenting direct testimony and engaging in cross-examination; the Staff
,o 1 suggests that the question of consolidated proposed findings of fact, con-clusions of law and argument be deferred until later in the proceeding, at which tir:e the Board rey wish to decide the matter based upon the expressed views of the parties.
At this time, the Staff expresses no opinion as to which intervenor should serve as " lead" intervenor for these contentions; rather, the Staff believes that the selection of the appropriate " lead" intervenor is a matter best left to the agreement of the intervenor; and the judgment of the Licensing Board.
As to the other contentions, which raise issues presented by one or another of the intervenors alone, the Staff believes that none of those contentions raises substantially the same question as any other contention.
Accordi ngly, the Staff believes that consolidation of the intervenors for those contentions which were asserted by one or another of the intervenors alone is inappropriate under the provisions of 10 CFR l 2.715a.
Respectfully submitted,
.qh Ua h Sherwir E. Turk Counsel for NRC Staff Dated at Bethesda, Maryland tnis 20th day of November,1980 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE AT0 TIC SAFETY AND LICENSING BOARn In the Matter of
)
)
TEXAS UTILITIES GENERATING COMPANY, ET AL.
)
Docket Nos. 50 445
)
50 446 (Comanche Peak Steam Electric Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S COMMENTS ON PLANS FOR CONSOLI-DATION OF PARTIES" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commis-sion's internal mail system, this 20th day of November,1980:
Valentine B. n ale, Esq., Chai rman David J. Preister, Esq.
e Atomic Safety and Licensing Board Assistant Attorney General 1001 Connecticut Avenue, N.W.
Environmental Protection Division Washington, nC 20036 P.O. Box 125a8, Capitol Station Austin, TX 78711 Dr. Forrest J. Remick, Member Atonic Safety and Licensing Board Mr. Richard Fouke 305 E. Hanilton Avenue 1668-B Carter Drive State College, PA' 16R01 Arlington, TX 76010 Dr. Richard Cole, Member
- Arch C. McColl III, Esq.
Atomic Safety and Licensing Board 701 Cornerte Street U.S. Nuclear Regulatory Comnission Suite 302 Washington, DC 20555 Dallas, TX 75202 Ni cholas S. Reynolds, Esq.
Je f fery L. Ha rt, Es q.
Debevoise & Liberman 4021 Prescott Avenue 1200 17th Street, N.W.
Dallas, TX 75219 Washington, DC 20036 Atomic Safety and Licensing Mrs. Juanita Ellis Board Panel
- President, CASE V.S. Nuclear Regulatory Conmission 1426 South Polk Street Washington, DC 20555 Callas, TX 75224 Atonic Safety and Licensing Appeal Mr. Geoffrey M. Gay Panel (5)*
West Texas Legal Services U.S. Nuclear Regulatory Commission 100 riain Street (Lawyers Bldg. )
Washington, DC 20555 Fort Worth, TX 76102
t s t Docketing and Service Section (7)*
Of fice of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 r
a-t Sherwin E. Turk Counsel for NRC Staff d
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