ML19345C386

Transcript of 801125 Hearing in Columbia,Sc Re Application for Facility Ol.Pp 278-336

ML19345C386
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Site:	Summer
Issue date:	11/25/1980
From:	Atomic Safety and Licensing Board Panel
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ISSUANCES-OL, NUDOCS 8012040585
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{{#Wiki_filter:.- 278 () 1 UNITED STATES OF AMERICA 2 NUCLEAR R EGULATORY COMMISSION f3 3 - - - - - - - - - - - - - - - - - - - - - - - -X %-) s 4 In the Matter ofs a s 5 THE APPLICATION FOR THE ISSUANCE OF A FACILITY : s DOCKET NO. 6 OPERATING LICENSE FOR THE VIRGIL C. SUMMER s 50-395 OL 7 NUCLEAR POWER STATION, UNIT I s 8 -- - - - - - - - - - - - - - - - - - - - - - -X 9 Courtroom 2-A Richland County Courthouse 10 1701 Main Street Columbia, South Carolina 29202 11 Tuesday, November 25, 1980 12 The Atomic Safety and Licensing Board met, pursuant 13 () to notice, in prehearing conference at 9:35 a.m. BOARD MEMBERS PRESENTS 15 HERBERT GROSSMAN, ESO., Chairman 16 GUSTAVE A. LINENBERGER, Board Member FRANK F. HOOPER, Board Member 17 ALSO PRESENTS 18 On Behalf of the NPCs 19 STEVEN GOLDBERG, ESO. 20 MITZI A. YOUNG 21 On Pehalf of South Ca rolina Plect ric and Ga s: I 22 JOSEPH B.

KNOTTS, JR.,

ESO. RANDOLPH R. MAHAN, ESO. 23 EDWARD C. ROBERTS, ESO. l South Carolina Electric and Gas Company l ( 24 P. O. Box 764 Columbia, South Carolina 29218 25 l so a09o cW ALDERSON REPORTING COMPANY,INC, t 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345 ~ .. ~....,.... - -. _. -

] ) 279 '( ) 1 On behalf of the Applicants: 2 RICHARD P. WILSON, ESO. DAVID L.-ROBBINS, ESO. _O 3 Office of the Attorney General -The State of South Carolina 4 P. O. Box 11549 Columbia, South Carolina 29211 5 SAMUEL L. FINKLEA, III, Ph.D. 6 Program Management Specialist Bureau of Radiological Health 4 7 South Carolina Department of Health and Environmental Control 8 2600 Bull Street Columbia,. South Carolina 29201 9 On behalf of the Intervenor 10 Brett A. Bursey, Intervenor 11 18 Bluff Road Columbia, South Carolina 29201 12 Alden Richardson 13 Grass Roots Organizing Workshop O 6739 Formosa Drive 14 Columbia, South Carolina 29206 15 16 17 18 19 20 21 22 23 24 25 ' - O i ALDERSON REPORTING COMPANY,INC, l 4 400 VIRGINTA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345

280 C) i zaaCstainGs 2 CHAIRMAN GROSSMAN: Ladies and gentlemen, this is 3 the third prehearing conference in the matter of the {} 4 application f or the issuance of a facility operating license 5 for the Virgil C. Summer Nuclear Power Station, Unit 1 6 applied for by the South Carolina Electric and Gas Company. 7 This prehearing conference wa s no ticed by Board 8 Orders dated October 31st, 1980, and November 10th, 1980, 9 for the purpose of considering all of the pending matters to and further scheduling in the proceeding. 11 I would first like to introduce the Beard here. 12 This is Dr.. Frank Hooper on my left who is a Professor at 13 the University of Michigan and Chairman of the Ecology, () Member of 14 Fisheries and '411dlife Prog &sm, who is a pa rt-tim e 15 the Board. 16 On my right is Gustave Linenberger, who is a 17 f ull-time Member of the Board and a nuclear physicist. 18 I am Herbert Grossman and I will act as Chairman 19 of the Board. 20 I would like first for the participants to 21 introduce themselves starting on my left with the State. 22 MR. WILSON: Yes. Mr. Chairman, I am Richard 23 Wilson with the Attorney General' Office in South Carolina. f(. 24 These are two technical assistants, one Dr. Samuel 25 fm %] ' ALDEftSON REPORTING COMPANY,INC. 400 V'RGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345 '

281 1 L. Finklea with the Department of Health and Environmental 2 Control, and I also have here David L. Robbins who is a 3 legal assistant also to me. 4 CHAIRMAN GROSSMANs Thank you. 5 For the applicant. 4 6 MR. KNOTTS: Mr. Chairman and Members of the 7 Atomic Safety and Licensing Board-good morning. My name is 8 Joseph B. Knotts, Jr. with the law firm of Debevoise C 9 Liberman in Washinccon, D. C. I represent the applicants, 10 South Carolina Electric and Gas Company and the Public 11 Service Authc.-ity in South Carolina. 12 With me at the counsel table are Mr. Edward C. 13 Roberts C. Roberts, General Counsel of tha Electric and Gas 14 Company, and Randy Mahan, an attorney with the Company. 15 CHAIRMAN GROSSM F.N s And the staff, please. 16 MR. GOLDBERG: Yes, Mr. Chairman, good morning. 17 My name is Steven Goldberg. I represent the Nuclear 18 Regulatory Commission staff with offices in Washington, D. C. 19 With me at counsel's table is Ms. Mitzie Young. 20 Ms. Young is awaiting her legal bar results and expects to 21 be entering an appearance in this matter in the near future. 22 CHAIRMAN GROSSMAN: Mr. Bursey. 23 MR. BURSEY: My name is Brett Bursey, and I am the 24 intervenor in this proceeding, and I would like to welcome 25 Mr. Grossman to the Board. O U ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

282 ~ 1 CH AIR M A N GROSSM AN s Thank you. 2 Now, as far as pending matters go, I believe we 3 have one pending matter before moving on to further 4 scheduling, and that is the 2otion to dismiss that is still 5 pending _tha t had been filed by the applicant, I believe 6 filed by prior counsel with an alternative to litit Mr. 7 Bursey's affirmative case to the matters that he might be 8 vrdered to present prior to the hearing in this matter. 9-Wou1d the applicant's attorney, M r. Knotts, like 10 to speak to that pending motion first? 11 MR. KNOTTS: Mr. Chairman, the pe nding motion 12 suggested as alternative relief is what amounts to a motion 13 in limine to hold Mr. Bursey to what had been disclosed up 14 to that point and we stand by that request. 15 CHAIRMAN GROSSMAN: Would the sta ff like to speak 16 to that? 17 MR. GOLDBERGa We join in that position, Mr. 18 Chairman. 19 CHAIRMAN GROSSMAN Mr. Bursey, do you have any 20 comments? 21 ER. BURSEY: Yes. Some of the contentions that 22 remain for consideration which the applicant has with the 23 six issues remaining that are outlined in the statement that O 24 es summitted recent1r fer this heerino, those =1x issues. 25 o f them considerations for some of them are still O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345 =_

283 1 developing, especially in regards to the em ergency plans. {} 2 It would be difficult. to say specifically in that instance 3 that we could be limited. 4 Another contention regards anticipated transients 5 without scram. That is a generic issue that the staif is 6 still working on and I don 't see how we can limit it on that 7 one. 8 The financial qualifications, including 9 decommissioning consideration, is another issue that I think 10 there is still some substantive data yet out and I haven't 11 had a, full opportunity to sit ~down with the SCEEG and fully 12 understand the mode of decommissioning that they are 13 intending to project for the Summer plGnt. 4 i 14 Ine seismicity is another contention and the U. S. 15 Geological Survey report on that is not in. 16 The fifth ccntention is quality control and 17 workmanship at the V. C. Summer plant, and I would hope that 18 the Commission would not terminate hearing workers come 19 forward'with honest and substantive reports about 20 shortcomings in workmanship. 21 The six contention deals with the health effects 22 of reactor operation and the uranium fuel cycle. There is a 23 good deal of material tha t is already on record. That is () 24 the only contention that I would think most of tne data is 25 in on, but I would still think that it would not behoeve the ba ALDERSON REPORTING COMPANY,INC. 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

284 i } 1. intent of the Board to license and see that the plant 2 operates safety to close. considerations on even that sole 3 contention that there may not be any new data on it. pg %J -4 CHAIRMAN GROSSMANs Well now, are you suggesting 5 that you are merely withholding your affirmative case as it 6 relates to new matters that may be raised in the forthcoming 7 staff reports and the emergency plan that is still

8. evolving ?

Is that what you are suggesting ~now, Mr. Bursey? 9 MR. BURSEY4 Ask that in another way, Mr. 10 Grossman. I am sorry, I don't understand. 11 CHAIRMAN GROSSMAN: Well, my question is this. 12 You are referring to the fact that certain reports have not 13 been completed and certain plans are still evolving and \\- 14 therefore you haven't had an opportunity and you don't have 15 an opportunity to present perha ps an affirmative case on 16 those ner matters that may be disclos.ed by these forthcoming 17 reports. Now, that is one category, and my question is 18 whether that is the only category on which you contend now 19 tha t you have not had an opportunity to present an 20 affirmative case during discover'y, that is the new matters 4 21 that have not yet been made public or presented to you. 22 Is that the case, or are you also suggesting that 23 you are entitled to present a case on matters that are not () 24 new that have been pending for quite a while but that ycu 25 have not come forward with your affirmative case on? Is ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

285 f] 1 that also the case, Mr. Bursey? v 2 MR. BURSEY: I would like to see both of those 3 considerations presented. I think that the prior one of new 4 data that can be introduced into the record is certainly the 5 one that merits most of our cop;ern. I am at a loss right 6 now to think of anything that I haven't had the opportunity 7 to put in the record, but certainly don 't want to go along 8 with the applicant's motion to close discovery. 9 You know, I don 't have a staff and don 't have a 10 lawyer and there may be something indeed that I have 11 o verlooked that I want to introduce that I don't think is 12 going to pose too great a burden on the applicant to proceed 13 with the ma tter. I have been anticipating for years that we 14 would go into a hearing, a full hearing, an evidentiary 15 hearing with the right to present witnesses and 16 cross-examine them to air these matters fully so the public 17 can fully understand all the intricacies involved in the 18 licensing procedure. 19 CHAIRMAN GROSSMAN Now, my understanding of what 20 has transpired so far in this proceeding is that you have in 21 deposition disclosed a number of names of witnesses who l l 22 might be used on certain icsues. 23 One question we had was whether there is any () 24 reason why you should be permitted now to offer new 25 witnesses or matters that have been raised earlier. Are you i O s ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345

286 {} 1 asking for that allowance, or is that a list of names 2 exclusive as of now? 3 MR. BURSFYa I would think that the list of names 4 that we have given is a good one. I am at a bit of a loss 5 to understand why the Commission needs just an opposition to 6 the applicant 's motion. I don 't understand why they need 7 tha t. I mean, in a court of law the best available evidence 8 is what we want. I am sure the Commission wants the people 9 that can speak to the issues most to the point. 10 It has been two years since this list of witnesses 11 was drawn. There may be some workers that might come 12 forward tha t would be new and I am sure the Commission would 13' van t to hear them. In regards to the evacuation and the h s/ 14 emergency plans, there are people involved now that weren't 15 even involved two years ago. 16 S3 I am having a hard time fitting that motion 17 over the proceeding without cutting off some really crucial 18 edges. I would certainly be sensitive to letting the 19 applicant know of anyone that would be added, and I 20 understand that there is going to be a requirement f or 21 prefiled testimony which I think would adequately address 22 the applicant's concern. 23 CHAIRMAN GROSSMAN

r. Knotts, would you care to

() 24 comment on that? 25-MR. KNOTTSs Mr. Chairman, I think we need to draw ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W WASHINGTON, D.C. 20024 (202) 554 2345

287 /'T 1 a distinction between limiting Mr. Bursey to things that he (_) 2 should have disclosed in the past because he knew or should 3 have known who his witnesses were goi,ng to be and what the 2 4 substance of their testimony wa s goYe g to be and what may 5 come along later where he always has the opportunity to come 6, bef ore the Board and attempt to show good causs f or raising 7 something now that he couldn't have raised later. 8 In the Board's prior order limiting Mr. Bursey to 9 the witnesses he had disclosed and to the exhibits or 10 documents he proposed to use in cross-examination as '. hen 11 provided in discovery, that exception as recognized. He 12 can always come forward and ide n tif y some good reason why he 13 wasn't able to poitit out to us what we were entitled to know (~) \\/ 14 earlier. 15 I think perhapr understandably, Mr. Bursey not 16 being an attorney, he is confused between the two. Perhaps 17 with that distinction and with the fact tha t we already have 4 18 an order limiting Mr. Bursey in that regard, the matter is 19 best left there. 20 CHAIPMAN GROSSMANs Well, Mr. Bursey, you do 21 understand that during discovery the opposing parties are 22 entitled to find out the nature of the evidence tha t you 23 will propose to refer to the Board and that it is not just a () 24 question of having evidence at the time the hearinq 25 commences, but giving the other parties an opportunity to ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

288 j (} 1 rebut that testimony and to prepare affirma tive testimony on 2 their own on those points responding to the points you 3 raised, just as you are entitled to discover what their 4 cases are. 5 Do you understand that? 6 HR. BURSEY: Yes, sir, that there is a time limit 7 between 30 or 90 days that prefiled testimony must be made 8 available? 9 CHAIRMAN GROSSMAN: Well, no, we are not talking 10 about the prefiled direct testimony. We are talking about 11 the discovery process now where the opposing par ties are 12 entitled to discovery the nature of your case and peepare 13 their own case and cross-examination and rebuttal with 14 regard to what your case is. ~ 15 Now, we no longer try cases in which the parties 16 come to the proceeding without any knowledge of what th ei r 17 opponent's cases are. The cases are there to be fully 18 discovered prior to the hearing and not just in the form of 19 direct tastimony that is presented before that. 20 Do you u.iderstand that discovery process, Mr. 21 Bursey? 22 MR. BURSEY: Yes, sir, I do. 23 CHAIRMAN GROSSMAN: Well now, you have heard a (_) 24 suggestion made by the applicant that you ought to be 25 limited to the case that you have presented during discovery ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

289 {} 1 with the right, as always exists, to come before the Board 2 to indicate why there_is good cause for you to offer some fs 3 additional elements in your case. O 4 Does that sound like a reasonable position to 5 take, Mr. Bursey, or do you have any objection to that? 6 MB. BURSEY: I feel that my support of the 7 reasonableness of that must be qualified by not knowing what 8 contentions the applicant is referring to. As I just 9 enumerated, five of the six are unfolding. So if his 10 concern is for the one of the six that the data seems to be 11 mostly in on, yes, I would concur. I think that the data 12 t ha t will be discussed and the evidence tha t will be 13 presented is mostly in on that contention that regards the O 14 long-term health effects. 15 On the other five, I think they fall under the 16 category of anticipating that new evidence is forthcoming. 17 So my remark would be that I think most on the contentions 18 the data is still not in. I would agree on No. 6 that the 19 mostly in and that there vont ' be any large amount, none 20 that I am presently aware of, of new information presented 21 for consideration. But on the other five, they are in a 22 different category. 23 CHAIRMAN GROSSMAN But it seems to me as though () 24 what you are discussing now with regard to evidence that is 25 unf olding goes to the good cause allowance th a t the O ALDERSON REPORTING COMPANY,INC. 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

290 1 applicant has just. indicated would be acceptable to him, in } 2 other words, having you submit some motion which indicates i 3 that there is good cause for additional affirmative evidence-4 because of the nature of th e ne w matters that have been 5 developed. 6 Would Mr. Goldberg care to commen t on what has 7 been said here? ? MR. GOLDBERGs I am in general agreement with the 9 Board's observations. I also would note that Mr. Knotts 10 properly referred to an earlier order which was entered on 11 October 2nd, 1978, which effectively granted the relief 12 which the applicant now renews. 13 So I don't believe that we are writing on an 14 entirely clean slate. I do believe tha t th e in vita tion to 15 Mr. Bursey to make some affirmative showing before he seeks 16 the introduction of additional material is a reasonably 17 one. I believe that there has been a considerable 18 prehearing period that has developed in this case within 19 which I would have expected ample opportunity has been 20 provided to conduct discovery. 21-CHAIRMAN GROSSMAN4 Mr. Knotts? 22 MR. KNOTTS: Mr. Chairman, perhaps I should add 23 that if the Board is disposed to reaffirm its prior ruling () 24 of October 2nd, 1978, there were two other steps tha t were 25 suggested as alternative relief in the applicant 's pending O ALDERSON REPORTING COMPANY,INC, 400 VIAGINIA AVE., S.W, WASHINGTON, D.C. 20024 (202) 554-2345

291 1 motion. One of those steps I think could properly be -{ } 2 ordered now. The second step would probably be premature. 3 The first step that I have in mind is a direction 4 to Mr. Bursey to provide the summaries of testimony, and I 5 distinguish that from the pre-filed testimony or the 6 testimony in full, but just summaries of what the substance 7 of testimony is. 8 Then there was a further suggestion of relief 9 contingent upon Mr. Bursey's failure, if he did so fail, to 10 provide such summaries which would be that he would be 11 barred from putting on an affirmative case on his 12 contentions. 13 We certainly can't ack the Board to direct that i 14 Mr. Bursey be barred from putting on an affirma tive case on 1 15 any contention until he has failed to provide the summaries, 16 and I won't assume that he will f ail to provide the 17 summaries, but we would also ask at this time that he be 18 directed to provide summaries. 19 CHAIRMAN GROSSMAN: Well now, did n ' t h e to a 20 certain extent provide a summary of his case on certain 21 issues in the deposition that was taken of him? Are you 22 suggesting now that we could consider what he has already 23 provided and in addition give him an allowance of some time () 24 to provide f urther summaries and then restrict his 25 affirmative case to the combination of both what he has . ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554-2345

292 1 already supplied and what new matters he might supply within {} 2 the next short period of a few weeks? Is that your proposal? 3 MR. KNOTTS: I am not suggesting, Mr. Grorsman, 4 that without a showing of good cause Mr. Bursey would be 5 allowed to expand his summary. I am asking rather that he 6 distill the summary as to what his present expectation is 7 within the present scope as disclosed, what his present 8 expectation is as to the thrust of testimony. 9 We would have some difficulty preparing a case, 10 for example, in the area of health effects vathout knowing 11 which witness or witnesses we may be talking about and what 12 the thr.st of those witnesses' testimony may be. 13 CHAIRMAN GROSSMANs Mr. Goldharg, do you have a O~- i 14 comment on that? i 15 MR. GOLDBERGs I have nothing to add on that. 16 CHAIRMAN GROSSMANs Are you saying now, Mr. 17 Knotts, that what he has stated on deposition is too broad 18 in certain areas and is not helpful l'n discovery in that 19 there is no frame of reference, so to speak, for you to 20 proceed further? 21 MR. KNOTTSa I would generally su bscribe to that, 22 Mr. Chairman, and I think I would add that it may be out of 23 date. We had,a meeting with Mr. Bursey and indeed all th e () 24 parties yesterday af ternoon and we came away with the 25 feeling that perhaps it would be useful for the parties to Ds V ALDE9 SON REPORTING COMPANY,INC. 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

293 1 work closely together and communicate on a more regular { 2 basis to get an updated feel for what their respective cases j 3 will be. O, 4 CH AIRM AN GROSSM AN s Well now, what if we were to 5 order that Mr. Burser update his summaries and he were to 6 come in again with what you consider to be overly broad to 7 afford you the discovery you need? Where would you be then ? 8 In the same place we are now I would assume. 9 MR. KNOTTS: Mr. Chairman, I can't disagree with in you. 11 MR. BURSEY: Mr. Grossman? 12 CHAIRMAN GROSSMAN: Yes, Mr Bu rs ey. 13 Mh. BURSEYa If I may. It has been two years ( 14 since we last met. I think.the one Mr. Knotts referred to, 15 the contention about the health effects, I gave him a whole 16 list of witnesses. But a lot of those witnesses are 17 corroborative, I think is the word, they su pport each other. 18 CHAIRMAN GROSSMANs Yes. f 19 MR. BURSEYa In my position as just being someone 20 tha t lives in the neighborhood of a nuclear plant looking 21 into the issue, the health effects issue is not that 22 difficult to grasp. I have given a summary of it and most 23 of the testimony that has been filed has been on that () 24 issue. I think that it is pretty clear. 25 I was unable two years ago in looking dcwn the O f ALDERSoN REPORTING COMPANY,INC, 400 VIRGIN!A AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

294 1 road at some unforeseen date, really unforareen, and.we are } 2 getting much closer to knowing when now, to say which one of 3 those vitnesses was going to be available. I have spoken 3 .) 4 with all of them. The availability of witnesses is going to 5 be determined b2 the date and my financial ability to bring 6 them in in i erding order. I assume today we will get 7 some date for come of the contentions and I would shortly be 8 able to provide the applicant a definitive list of which 9~ witnesses I would expect to call in a prioritized fashion 10 and a summary of th e testimony I would expect them to 11 present. 12 CHAIRMAN GROSSMAN Well now, let 's assume that we 13 were to be aiming at a hearing in the spring or early 14 summer. How much time would it take you to go through the 15 p rior proceedings here to utistill out your affirmative case 16 and to give us a f;esh list of witnesses? 17 MR. BURSEYs I would like somewhere in the latter 18 par t of January. With the Christmas holida ys coming up it 19 may be difficult to get in touch with people. 20 CHAIRMAN GROSSMAN Mr. Knotts, one alternative 21 that we have in mind is permitting Mr. Bursey to come in 22 with a new list and distill out or submit a fresh summary of 23 what his case is and to then permit some additional time for () 24 you and the staff to proceed f urther with discovery if you 25 need it, or perhaps if we set a. hearing in the meanwhile to O ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE, S.W, WASHINGTON, D.C. 20024 (202) 554-2345

295 1 ask for a further hearing for matters that you migh t need ) 2 additional tir .o gather your forces on. 3-Does thct seem to be a reasonable position? -s 4 KNOTTS: Yes, Mr. Chairman, it does. 5 CHAIRMAN GROSSMANs M r. Bursey, we are going to 6 order that you do go through all the prior materials in 7 whichever way you consider best and come up with a summary 8 of what your affirmative is going to be and all the 9 witnes.=5s that yoa are going to offer by January 30th, which 10 is a Friday. 11 We of course are not covering any new matter-that 12 will be raised in the new reports that come from the staff 13 and anything that is evolving in emergency planning. You 14 certainly can 't be responsible for new matters but we a re 15 certainly he' ding you responslule for all the matters that a i 16 you ought to be able to cover by this time. 17 Do you understand tha t ? 18 MR. BURSEY: Yes, sir, I do. 19 CHAIRMAN GROSSMAN: Is there any objection to th:t? 20 MR. BURSEY: No, sir. I think that is most 21 reasonable. 22 MR. KNOT'S: Mr. Chairman, in the interest of 23 clarification may I make a further succestion as to those () 24 summaries, that in addition to witnesses and the summaries 26 of their testimony that t here be sn indication of the ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

296 () 1 documents on which they would rely in their testimony and 2 the exhibits which would be used in connection with their 3 testimony? { 4 CHAIRMAN GROSSMAN That is the Board 's 5 understanding. Thet was'the intent of the Board that it 6 include the exhibits that will be relied upon by you and 7 your witnesses. 8 Is that acceptable to you, Mr. Bursey? 9 MR. BURSEY Well, I guess I can use the public 10 documents room. My documents are in cardboard boxes. If I 11 can get Mr. Knotts to help me in going over what it is that 12 has been filed, I would be glad to work on it. 13 CHAIRMAN GROSSMANs Mr. Knotts, I assume you would O 14 ha happy to cooperate with Mr. Bursey to get the show on the 15 road. 16 MR. KNOTTS: I offered yesterday, Mr. Chairman, to 17 work with Mr. Bursey. One of us will he working with Mr. 18 Bursey to be cure that he has got the documents that he is 19 supposed to have and we have got tle documents we are 20 supposed to have. 21 MR. LINENBERGER: Mr. Knotts --- 22 MR. KNOTTS: Yes, r'r. 23 MR. KNOTTS: --- again by way of making sure we () 24 all understand what we are taking a b ', u t, are you asking for 25 the iden tification of the nature of exhibits and documents, O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

297 (} 1 or are you asking to see tne exhibits and documents with Mr. 2 Bursey's 30th January submittal? 3 MR. KNOTTS: The custom, and perh aps Mr. Bursey 4 would be unfamiliar with the custom, and I am glad you asked 5 the question because it would be well to explain it, if a 6. document is generally available in the public literature we 7 would not expect Mr. Bursey to go through the trouble and 8 expense of making a copy for us. If the do cument is 9 something which Mr. Bursey reasonably believes we already 10 have in our possession, such as our own FSAR, we would not 11 expect him to make a copy for us. But if it is a document 12 that, oh, let us say Bob Pollard has written and hasn 't make 13 any distribution of, we would like to have a copy of that 14 provided on that date. 15 CHAIRMAN GROSSMAN: Mr. Bursey, do you understand 16 t h a '- to the extent tha t you do not include matters in the 17 summary you will not be permitted to offer those matters 18 affirmatively when it comes time for the hearing? Do you 19 understand that? 20 HR. BURSEY: Yes, sir, unless it is a new issue. 21 CHAIRMAN GROSSMAN: That is correct, unless it is 22 a new issue. 23 So then having disposed of this and being () 24 unwilling to venture any further complications, let's move 25 on to the scheduling which should cover new matters also. O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

2 9, ' {} 1 Now, we understand from the last few documents 2 that we have received f rom applicant and staff that the r- ? orojected dates for the completion of the staff reports are ( 4 now the latter part of January and February, and I believe 5 one further matter-for possibly March. 6 Is that correct, Hr. Goldberg? 7 HR. GOLDBERGa I would say the applicant's 8 statement of November 19 I believe fairly represents th e 9 technical review plans and scheduling expectations of the 10 staff which we conveyed to the applicant and other parties 11 recently. 12 I believe that we are now estimating an early 13 January saf e,ty evaluation report which could encompass two () 14 of the outstanding con ten tion s with a possible supplement to 15 that report in February to encompass an additional 16 contention relative to financial qualifications. 17 It is possible that we can have a January report 18 from the Office of Inspection and Enforcement on the quality 19 control matters that are encompassed within Contention A-9. 20 We are estimatino a mid-February final 21 environmental statement whicl' will provide th e vehicle to 22 proceed to hearing on the hea.'.th effects of operation and 23 the naclear fuel cycle. () 24 We are not able te give any realistic estimate at 25 this point about when we will conclude our review of GV ALDERSON REPORTING COMPANY,INC. 400 VIRGINIA AVE, S.W, WASHINGTON, D.C. 20024 (202) 554-2345

299 1 emergency planning considerations since to a large degree { 2 that is dependent on the completion of the review of the 3 g-) state and local plans by the Federal Emergency -Management V 4 Agency. 5 MR. LINENBERGER: Mr. Goldberg, in your comment 6 regarding the material you are preparing with respect to 7 quality control based on information you were getting from 8 the Office of Inspection and Enf orcemen t, is that going to 9 be served as a separate document or will it be included in 10 some of the documents whose publication dates you have 0 11 indicated for us here? 12 MR. GOLDBERGs That will be a separate document. 13 MR. LINENBERGER: Separate. And I believe on page fs (_ 14 3 of the applicant's submittal they anticipate that document 15 being available this coming January? 16 MR. GOLDBERG It could be availa ble. Much 17 depends on the progress of some of the preoperational 18 testing tha t is being carried out and the staff 's ability to i 19 judge the accuracy of tha t prog ram. But we would expect to 20 be able to proceed with a position on this matter in January 21 in the form of a w ritten re port. 22 MR. LINENBERGER: Now then, sir, you indicated 23 that the final environmental statement scheduled for () 24 mid-February would include, long-term health effects 25 considerations. As we all know, there is a famous or by now J ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345.

300 (T 1 infamous issue that ha s been kicking aronid numerous V' 2 procaedings called Radon 222. In certain proceedings that s 3 issue has come under the umbrella of certain Appeal Board O 4 hearings. In this one it is at least this Board Member's 5 belief that we need to address that separately ourselves, dr 6 I shouldn't say separately, but we need to address it 7 ourselves in this proceeding. 8 Now, will that be treated in the FES February 9 publication? 10 MR. GOLDBERG It is my hope, Mr. Linenberger, 11 that that document will contain a satisfactory discussion of 12 the health effects from routine operation and the nuclear 13 fuel cycle including Radon 222. If necessary, we vill O \\2 14 supplement that material with additional written testimony. 15 HR. LINENBERGER: All right. Have you taken a 16 position as yet with respect to whether you would introduce 17 the Perkins record into this proceeding to su ppor t the Radon 18 222 subject, or is this pretty mature to even ask you? 19 MR. GOLDBERG4 'Je have not formulated a position 20 on that matter. I would hope that the final statemen t will-21 be as comprehensive as possible on the full range of these 22 matters. 23 MR. LINENBERGER: Do you have any even rough () 24 quesstimate of when you anticipate the FEMA information 25 might come? Is it a matter of six months a way, a year away ALDERSON REPORTING COMPANY,INC, 400 VIRGINlA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

30' 1 [ or two months sway or do you have any feeling at all upon 2 this? 3 3 MR. GOLDBERG I would hope it is in the latter, (d 4 but I don't really have any firm informa tion qui

candidly, 5 Mr. Linenberger.

As you know, the relation is a rathet 6 young ene. I understand that they are in the midct of 7 active review of the state and local pla n s. I just really 8 can't give you any well-founded expections on that. Maybe 9 the applicant has some information on that. 10 MR. KNOTTS: un FEMA? 11 MR. GOLDBERG: I don't mean to put you on the 12 s po t. I thought that you might have had some information 13 relative to their review of state and local plans in {~)'T 14 connection with some other facility in the State of South 15 Carolina. 16 MR. KNOTTS It is our understanding, Mr. 17 Chairman, that the State of South Carolina vill be running 18 an exercise with whatever participation or oversight by FEMA 19 as provided by their system, which I am not familiar with, 20 for the H. B. Robinson Unit of Ca rolina Power and Light 21 Cor. pa ny in the month of January 1981 and that there will be 22 somewhat later another exercise pertaining to Summer. 23 MR. MAHAN: I believe the exercise for Summer is () 24 scheduled f or late March, the last week in Ma rch. 25 CHAIRMAN GROSSM AN : Mr. Goldberg, is that your O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

302 (} 1 understanding? 2 MR. GOLDBERGs Yes, it is, Mr. Ch airm an. 3 CHAIRMAN GROSSMAN: Mr. Knotts, you suggested a O 4 schedule for us that contemplates going to hearing 5 immediately af ter the receipt of the staff reports without 6 any allowance for discovery on :ssw matters or perhaps the 7 raising of new contentions on new malters. Is that the 8 usual procedure in NRC cases? 9 MR. KNOTTSs Me have left a little time, not a lot 10 of time, between the time the staff review documents come 11 out and the time when we v9uld hope to be able to go to 12 hearing. If there is some need for a document or something 13 of that sort then we can accommodate it when t,he need O 14 arises, Mr. Chairman. 15 If Mr. Bursey shows that he needs more time and he I 16 convinces you of that, then of course we will abide by that. 17 CHAIRMAN GROSSMANs Well, Mr. Go ld be rg, what is 18 your position on new matters that might arise f rom staf f 19 reports? 20 MR. GOLDBERGs I would be sort of I guess getting 21 into the realm of speculation here. I believe that the ] 22 issues have been well known for a considerable pericd of 23 time. The review documents that the staff is preparing [ () 24 should do nothing more than reflect the staff position on 25 some matters which are in contention and the crea t bulk of O ALDERSoN REPoRTi*:'., COMPANY, INC, j 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

303 /~ 1 matters which are not in contention and are presently in D} 2 controversy. 3 I certainly feel.that if there are any matters in 4 these documente that are relevant to Mr. Bursey's 5 con tentions f or which he feels he needs additional 4 6 information or examination, I think that we would have to 7 see what kind of needs he might have as the time arises. 8 I frankly would not expect that there should be a 9 rather lengthy renewal of discovery upon completion of the 10 staff documents. 11 CHAIRMAN GROSSMAN: Well, I am talking now in 12 terms of discovery and issues on solely new matters raised. 13 Doesn't the staff usually tak e the position that there 14 should be some sort time af ter thc filing of documents in 15 which the parties may raise those new matters? 16 MR. GOLDBERGs Well, again, I think the 17 regulations provide that upon a showing of good cause and 18 addressing several others facts I think which appear in 19 Section 2.714 (a) of the regulations tha t a party could seek 20 to introduce an issue at any stage of the proceedit4 If 21 such a showing can be demonstrated I think we can address 22 that matter when it arices. 23 What I am saying is I don't want to lead one to () 24 expect that these documents are going to be the sole direct 25 case that the staf f is going to introduce on the contested j O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

1 304 1 f) 1 issues because in all likelihood we will have to supplement v 2 it with additional read testimony which is not going to bc 3 known until '.5 days prior to the hearing along with the 4 findings of the other parties. 5 CHAIRMAN GROSSMANs Mr. Bursey. 6 MR. BURSEY: Mr. Grossman, is there a mandated 7 period of time for review ?- 8 CHAIRMAN GROSSMANs For review of the staff i i 9 reports? 10 MR. BURSEYa If the staff presents something th a t 11 is new and substantive and I want to make some comments to 12 it is there a mandated 30 days or 60 days? 13 CHAIRMAN GROSSMANs No. As f ar as I understand 14 there isn't, and the question is whether we ought to set 15 some time limit for the raising of issues or discovery with 16 regard to new matters. 17 nr. Knotts,'do you want to comment on that? 18 MR. KNOTTS: Mr. Chairman, as to the final 19 environmental statement, I believe -- is it Part 51, Mr. 20 Goldberg? 21 MR. GOLDBERG: Yes. 22 MR. KNOTTS: provides that there should be a 23 30-day interval between the time that document is published ( )1 24 and the tima of the hearing session related to that. There 25 is no' counterpart provision as to the safety evaluation O ALDERSON REPCRTING COMPANY,INC. 400 VIRGINIA AVE., S.W., WASHING 70N, D.C. 20024 (202) 554 2345

305 {} 1 report, as they are now called, but I would think that a 2 period of two to four weeks would-certainly be adequate 3 between the publication of the document and the related 4 hearing session. 5 CHAIRMAN GROSSMAN Well, the question really 6 wasn't directed towards the time for setting th e hearing 7 after the filing of the staff reports, but a period, if I 8 understand Mr. Bursey, within which he might raise new 9 matters. I understand there isn't any such period provided 10 by the rules, and the question is whether we ought to set 11 one here. 12 Mr. Knotts? 13 MR. KNOTTS4 Mr. Grossman, I am sorry I did not 14 follow you there before. I now f ollow you and I can see 15 where you are going and I think that is an excellent idea. 16 I suppose you would like a ruggestion as to what the period 17 should be. 18 CHAIRMAN GROSSMANs Yes. 19 MR. KNOTTS4 Well, if the regulations provide 30 20 days between an FES and a hearing session on that, and then 21 parties would need a certain amount of time to respond to 22 discovery requests within that period, let's say that is 10 23 days, perhaps 20 days after the publication of the document () 24 would be a reasonable period for the initiation of discovery 25 request and ten days for response. O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D C. 20024 (202) 554-2345

306 (3 1 CHAIRMAN GROSSMAN4 Mr. Bursey, you look a little ss/ 2 puzzled. 3 MR. BURSEY It was ten days to initiate? 4 CHAIRHAN GROSSMANs No. I believe what Mr. 5 Knotts said was 20 days after the receipt of each of the 6 reports to determine what new matters ought to be raised and 7 decide on whether a new contention or discovery should 8 proceed with regard to the new matters. Would 20 days be G sufficient af ter service of each of those reports on you to 10 initiate whatever is required with regard to new matters? 11 MR. BURSEY: Some of these are going to be 12 technical, the seismic reports, and I would appreciate 30 13 days. I think 30 days is pretty expeditious. I am having 14 to use the mail and write people that are experts in their 15 given fields in different parts of the country and rely on 16 their responses. I would hope if Mr. Knotts says 20 he will 17 settle for 30. 18 CHAIRMAN GROSSMAN Well, Mr. Kno tts, would you 19 settle for 30 with regard to each of the reports, not 30 20 from the final report but as each report comes in, that the 21 intervenor be given 30 days from service to raise whatever 22 he needs with regard only to new matters? 23 MR. KNOTTSs If the Board is so inclinded, we () 24 will of course accept it, M r. Chairman. 25 CHAIRMAN GROSSMANs That appears to be acceptable. O ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

307 {} 1 Mr. Goldberg? 2 MR. GOLDBERGa Just a point of clarification 3 here. When I alluded to a report by the Office of 4 Inspection and Enforcement relative to the quality control 5 matters, in-all likelihood that will take the form of direct 6 testimony and I am not sure that it will be issued separate 7 and apart from some of the other affirmative material that 8 the other parties might wish to introduce into evidence. I 9 am not sure, in other words, that that is going to be a 10 separate document that is going to be issued apart from its 11 introduction as evidence. So it may not be available for 12 any period significantly in advance of the date ultimately 13 set for the hearing. 14 I should also say tha t relative to the staff 15 review that it has been our hope that we have been providing 16 correspondence that we conduct with the staff relative to 17 our review on all the parties so that this ensure their 18 f amiliarity with the direction that the staff review has 19 taken and is likely to culminate in in these several reports 20 and supplements. So I would hope that the post-report 21 review process can be conducted as expeditiously as possible. 22 MR. HOOPER: Mr. Goldberg, then the quality 23 control document will be nothing more than the testimony of () 24 the witness at the evidentiary hearing; is that correct? 25 MR. GOLDBERG: It could well be, and at this point Al DERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

m 308 (} 1 that is entirely likely, the witness or witnesses. If we 2 have a contention then we will address it. I 'on't want to (~ 3 leave the impression that we are just going to ssue a V) 4 report on the docket independent of its introductior. 5 CCAI'3 MAN GROSSM AN : Well, let's exclude then the 6 quality control report if it is going to be filed as merely 7 prefiled testimony and permit the intervenor, Mr. Bursey, 8 only to move for whatever appropriate relief he needs if 9 that prefiled testimony requires further activity on his 10 part and further preparation and let's just include in our 11 order all the regular staff reports that have been alluded 12 to during the conference. On those reports you will be 13 given 30 days to raise new matters. O' 14 Do I understand, Mr. Knotts, that you would be 15 satisfied with 10 days f rom service to respond to those nev 16 requests? 17 MR. KNOTTS Mr. Chairman, since we, a re talking 18 about the staff accuments, I expect that if the staff is 19 villing to respond in 10 days they are the ones likely to 20 receive the request. But if we receive a request based 21 the staff document ten days is agrr-eable to us. 22 CHAIRMAN GROSSMANs. I was going to ask Mr. 23 Goldberg as to what his preference was. A(_) 24 MR. GOLDBERG* Quite frankly, I don 't know that I 25 would be prepared really to commit to ten days. It is AU ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

309 ~T 1 really going to depend on the nature and the extent of the (G 2 request. To some extent this is not a customary procedure (~s 3 insofar as I am familiar. As I say, much of the staff \\-) 4 should be a matter of public record and well documented 5 before the reports are published. So I really would not 6 anticipate the need to handle a considerable body of 7 discovery requests and we will reserve the right to review 8 those fairly carefully to see tha t these are not matters 9 that are otherwise in the public record. 10 CHAIRMAN GROSSMANs Well, the problem here is that 11 since we are setting the time for it and it is not covered 12 specifically by the rules we ought to have some frame of 13 reference. I would have no objection to setting a time f or ( 14 response and having you come in and move for further time 15 which the Board will indicate right now will be granted 16 liberally. But we just want to know when we can expect the 17 document to come in th a t would close out this matter. 18 Is there any suggestion that you would like to 19 make? 20 MR. GOLDBERG: Well, I think 10 days is too brief 21 a period and I will just 20 days. 22 CHAIRMAN GROSSMAN: Twenty days. Is that fine 23 with you, Mr. Knotts? () 24 MR. KNOTTS: I guess I am vishing I had said 10 25 days to begin,with instead of 20. I would think that we ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

310 (} 1 would receive few, if any, interrogatories. Intercogatories 2 are the things that are time consuming to answer. We would 3 see few, if any, interrogatories based on new staff } 4 documents. 5 What.we would likely see are document requests 6 and, frankly, I would think that 10 days would normally be 7 adequate for documents. But if not, the party can always 8 come in and show why it is not adequate. I would also think 9 that interrogatories would probably be the exception ra ther 10 than the rule. 11 CHAIRMAN GROSSMANs Well, why can 't we have 10 12 days to object to the new requests and 20 days to answer if 13 no objection. However, we will again honor requests for l 14 extensions very liberally. We just do want to get the case 15 moving. 16 Hould that be acceptable to you? 17 MR. GOLDBERGa That would be acce ptable. 18 CHAIRMAN GROSSMANs Okay. Why don't we then set 19 that as the schedule in which you have those 30 days after 20 each report comes in. The other parties then have 10 days 21 to object to the new requests and 20 days to respond to 22 them, but with the proviso that the Board will grant 23 extensions liberally on that. () 24 MR. LINENBERGER: Mr. 31dberg, I would like to 25 understand along this same line of discussi on here the p ALDERSON REPORTING COMPANY,INC. 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

311 (} 1 practical impact of a comment you made earlier in which you 2 said tha t actually the publication date or issue date of 3 these staff reports we have been talking about is probably 4 not the important date since most of the information will 5 generally be known in advance of the prin ting date or 6 publication date. Is that in essence what you said? 7 MR. uoLDBERG Wh at I was saying is that there has 8 been extensive correspondence between the staff and 9 applicant during the course of the staff review of the 10 particular application. I would hope that that 11 correspondence is being f ully a nd f aithf ully served on all 12 parties so they should be apprised of the inf ormation that i3 the staff has requested and I would hope the response the 14 staff has obtained so that the substance or direction of the 15 staff review should be emerging f rom that correspondence. 16 Now, obviously the report is going to give the 17 staff position on the matters which have been the subject of 18 the review. Also, as you know, this report by and large 19 will address mttters that are not presently in contention 20 and to some extent will obviously address matters that are 21 in contention. Quite likely there will be a necessity to 22 introduce supplemental testimony as part of our direct case 23 on those matters. () 24 MR. LINENBERGER: Well, really the thrust of what 25 I am getting at is does this flow of information that is O ALDERSoN REPORDNG COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554 2345

312 (} 1 taking place prior to publication include Mr. Bursey, or 2 will he be reading things for the first time just when the 3 report is printed and issced? 4 MR. GOLDBERGs I would hope that he has been 5 getting this correspondence since the application was filed 6 or at least since this proceeding was initiated. That is 7 the usual practice. 8 MR. LINENBERGER: You expressed a hope, but I was 9 going to ask you 'what is your# practice? Is he on the to service list? 11 MR. GOLDBERGs He was on the service list, to the 12 best of my knowledge, on all technical staff 13 correspondence. Obviously, I am not initiating this O 14 material so I don't have firsthand knowledge of whether he 15 receives each and every piece of correspondence. But he is 16 on the service list and should be receiving every 17 correspondence that is generated by the technical staff of 18 the NRC to the applicant relative to this application. 19 Perhaps the applicant could say whether Mr. Bursey 20 is similarly receiving copies of the responsive material. 21 MR. KNOTTS: In a word, yes. Mr. Nichols of the 22 company writes to Mr. Denton quite regularly and when he 23 write to Mr. Denton he has a long list of cc's ranging from () 24 Mr. Virgil Summer to myself and Mr. Bursey. 25-MR. BURSEY: Can I make a point here that I am not ) i ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

3 13 /~ 1 avtre of any NBC mailin gs that I don't get because I don't 4 2 get them. 3 (Laughter.) 4 I an aware of things that Mr. Knotts referred to 5 because what I get much of the time from SCEEG is a cover 6 letter saying enclosed you will find something that I don 't 7 find. I brought this to their attention and they said they 8 will try and be more conscientious in the future to ensure 9 that I get enclosures, but I would hope that the Board could 10 direct the applicant and the staff to ensure that I receive i 11 all future mailings. 12 CHAIRMAN GROSSMANs Mr. Knotts, is that agreeable l 13 to you? O 14 MR. KNOTTSs As far as I know we have been doing 15 it and we have been providing the enclosures, but I 16 certainly don't handle the mail down here in Columbia, so we 17 are agreeable to be sure it gets done. c 18 CHAIRMAN GROS $3ANs Maybe you can send him my 19 copies. f 20 ( La ugh ter. ) 21 Mr. Goldberg? 22 MR. GOLDBERGa I have no reason tr-believe that he 4 - 23 is not routinely receiving the correspondence. I will . O 24==eertexe a tever errerte te de

=re thet taet 1 de1

25 accomplished. O f ALDERSON REPORTING COMPANY,INC, 400 VIRGINtA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

314 /'] 1 CHAIEMAN GROSSMANs Okay. I think that matter is V 2 disposc4 of now. Why don't we go on to preferences with 3 regard to bifurcating the hearings. We are thinking in 4 terms of doing it by issues and perhaps having three issues 5 heard first and the emergency planning I guess would be the 6 last one. I am not sure. In the past Mr. Goldberg has not 7 been too happy with that suggestion. 8 What is your position now? 9 MR. GOLDBERGa I think that we are not in 10 disagreement on bifurcated hearings. We would hope I think 11 that the resources of all the participants would be better 12 served by addressing as many contentions as possible at a 13 single session rather than having to hold a series of 14 successive sessions to deal with single issues. We would 15 hope that we can gc forward on a goodly number of the 16 contentions at a single session with the possible exception 17 of emergency plans. 18 We have no fundamental objection to the mid to 19 late-March proposal that the applicant put forward, 20 presuming that the st'aff documents are issued on the 21 presently expected time schedule. 22 CHAIRMAN GROSSMAN: Okay. I don't think we can 23 set any particular date now, but I think that we would be () 24 best advised in trying to do it that way rather than to let 25 it string out on a report that may be delayed for some ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

315 1 time. So I think we will plan on doing it that way and hope 2 it works out. 3 We are also considering having the prefiled O.- 4 testimony filed perhapr 25 or 30 days before hearing. I do 5 want to point out to 1r. Eursey that the rules haven 't 6 changed with regard to intervenor assistance and with regard 7 to copying and service and maybe Mr. Goldberg would like 'o c 8 elaborate on that as to what your rights are. I bring that 9 up in the context of prefiled testimony because it does take 10 a few days for servicing and docketing to copy and service 11 matters. 12 Mr. Bursey, are you aware of the changed rules? 13 MR. BURSEY: Mr. Goldberg has men tioned to me in a ( 14 phone cal. in the last month that there was some assistance 15 available with copying. If it was more than that, I don 't 16 recall. 17 CHAIRMAN GROSSMANs Well, on your prefiled 18 testimony you will now be able to send one copy to docketing 19 and service, I guess two copies, and they will then copy and 20 service the prefiled testimony. But I believe you do have 21 to send it in five days earlier. 22 Is that your understanding, Mr. Goldberg? 23 MR. GOLDBERGs I guess I am not entirely certain, () 24 M r. Chairman, cf the timing. I have no basis to differ with i 25 what you are saying. I am afraid I don 't have that O ALDERSoN REPORTING COMPAN" INC. 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554-2345

316 () 1 information at my fingertips. I don 't believe tha t there 2 has'been any policy changes that would relieve a party of r3 3 the requirement to serve the other parties as distinct from O 4 the number of copies that they must serve on the docketing 5 and service section of the agency. 6 CHAIRMAN GROSSMAN I think we are dealing with 9 7 two separate-sections now, one relating to the 20-copy 8 requirement and a another section. I think we ought to get 9 it straight here that it is a new rule and the Board isn't 10 exactly clear. 11 MR. LINENBERGER: At any rate, let the record 12 reflect tha t Mr. Bursey was sent a copy of the NUREGs as an 13 enclosure to the staff letter of August 6, 1980. 14 CHAIRMAN GROSSMAN: Mr. Knotts. 15 MR. KNOTTS: If it would be of assistance, I 16 happen to have the document in question before me. As I 17 read it it says that a party who is other than an applicant 18 can get one free transcript, which is one provision in the 19 new rule, and the other provision is that upon request he 20 can get copying and the serving, both, of certain documents 1 21 only. Those documents are the party's testimony, his 22 prefiled testimony, including attachments, his proposed 23 findings of fact and conclusions of law and his respcnses to () 24 discovery requests. 25 So those.three categories of shall we call them ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554-2345

317 1 f act documents, if they are delivered five days early to the {} 2 appropriate person at the NRC they take care tf copying and 3 service. 4 In addition, the number of copies of document 5 routinely filed with the Secretary's Office is reduced from 6 an original and 20 to an original aru two. 7 CHAIRMAN GROSSMAN: Mr. Bursey? 8 MR. BURSEY: It is my understanding then that 30 9 days prior to the deadline for prefiled testimony I will 10 submit to Mr. Chas Stevens in the Docketing Division one 11 copy? 12 MR. GOLDBERG4 Mr. Chairman, I do now have a copy 13 of the Federal Register notice which set ou t a one-year 14 pilot program of assistance which I did send by letter to 15 the Board and parties in August and again more recently to 16 Mr. Bursey. 17 It makes no provision for the submission of direct 18 testimony, or doesn't relieve the filing responsibilities 19 that a party might otherwise have just to serve the 20 requisite number of copies with the Commission so far as I 21 am aware. 22 CHAIRMAN GBOSSMAN That is one of the categories 23 I believe f or the testimony and I believe that covers () 24 profiled direct t es timon y. 25 MR. GOLDBERGa I could be mistaken. I know that O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

318-1 in the past intervenors have been allowed to serve less than 2 the 20 copies with the Docketing Service Section, but-3 nonetheless I an' obliged to serve copies on the other O 4 parties. Perhaps that is just carried out in this change. 5 CHAIRMAN GROSSMAN Well, in any event, you have, 6 M r. Bursey, been alerted to the rule which is 2.708(d). I 7 might caution you that responses to discovery does not 8 include interrogatories or initiation of discovery. In the 9 event that some of the new matters will be set forth in 10 interrogatories that is not covered by the rules. 11 ER. KNOTTS: The one-year factor I suppose could 12 also be of some significance. The paragraph apparently 13 expires July 24th perhaps 1981. /' (_)\\ 14 CHAIRMAN GROSSMAN: Well, then, it is obviously to 15 your interest to have a speedy hearing in this case, at 16 least in your pecuniary interests. j 17 Now, getting to your question as to whether that 18 means 30 days, if we set 25 days-now in advance of the 19 hearing on any issue for the filing of direct testimony you 20 would be required, Mr. Bursey, to submit that 30 days 21 before. I believe that would be agreeable to all of the 22 parties, although I haven't heard from Mr. Goldberg. 23 Would that be agreeable to you? () 24 MR. GOLDBERGs That is agreeable. 25 CHAIRMAN GROSSMAN: Mr. Goldberg, do you see any d ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE, S.W., WASHINGTON, D.C. 20024 (202) 554-2345

319 1 impact on this proceeding of the TMI-related matters that ) 2 were covered in a Commission guidance for power reactor 3 operating licenses? %) 4 MR. GOLDBERG: Is the Board referring to a June 5 20, 1980, Federal Register publication? 6 CHAIRMAN GROSSMAN: Tha t is correct. 7 MR. GOLDBERG I am generally familiar with that. 8 The present TMI requirements will be addressed in the safety 9 evaluation report which the staff will issue. Apart from 10 that I guess we vill look upon it more f ully if tha t is not 11 satisfactory. They will be addressed. 12 CHAIRMAN GROSSMANs Well then, let me just point ' o all the parties that there is this guidance that was 13 out t 14 issued in 45 Federal Register 41738 and it does divide the 15 TMI-related requirements into at least two categories with 16 regard ) how they may be raised. That may not apply to 17 a proceeding that has progressed as f ar as this one in any 18 event, but I just want to let everyone know that it is there. 19 MR. GOLDBERG: I would be glad to provide Mr. 20 Bursey with a copy of that publication if he doesn 't have 21 one already. 22 MR. LIN EN BER GER : Mr. Goldberg, in indicating that 23 the staff's safety evaluation report will be addressing tha /~(s) 24 THI-related requirements for new operating licenses there is 25 a Commission document, NUREG 0694, published in June of this O) \\_ 4 ALDERSoN REPORTING COMPANY,INC, ' 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

320 1 year -tha t sets down in some detail a list of requirements 2 and categories of requirements that the staff will place on 3 applicants. 4 Now, I guess all I am asking here is do you 5 anticipa te that -the SER when published will follow this 6 NUREG 0694 approach to the requirements? 7 MR. GOLDBERGa Yes, it will. 8 MR. LINENBERGER : Okay, fine. 9 Now some miscellaneous loose ends here of interest 10 to-the Board. For you, Mt. Goldberg, or for the staf f, let 11 me ask a question about so-called unresolved generic safety 12 issues of which the anticipated transient without scram 13 subject is just one of these, and that is the only one 14 covered by the contentions that have been issued. 15 Nevertheless, the Board has an obligation to 16 satisfy itself that there has been a resolution of those 17 issues where it is indicated that it is important to be 18 resolved prior to. operation. For those issues which are not 19 going to be resolved prior to the granting of an operating 20 license it is important for the Board to satisfy itself what-21 the staff position is as to why it is satisfactory that they 22 not be resolved. 23 So when or where may we anticipate that kind of a () 24 discussion? Is that also in the safety evaluation report? 25 MR. GOLDBERGa In the safety evaluation report. I O ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

321 1 would hope that the Board will be satisfied that those } 2 matters have been satisfactorily addressed. 3 MR. LINENBERGER: ' Fine. g3 '%.) 4 Mr. Knotts, a couple of items with respect to the 5 applicant. There was an Amendment No. 2 to the applicant's 6 construction permit which amendment brought in a 7 co-applicant, I believe. 8 MR. KNOTTS: Yes, sir. 9 MR. LINENBERGER4 In cid e n tally, straigh t me out 10 here. What was the subject of Amendment No. 1, do you 11 recall? 12 MR. KNOTTS : I do not recall. We can provide that 13 information. 14 MR. LINENBERGER* We will get that later. Maybe 15 Mr. Goldberg knows the answer to that. 16 With respect to your having a co-applicant, and I i 17 would presume a co-owner, this must of necessity cause the 18 Board to ask some questions even though the answers may all 19 be pe rf ectly straightforward. The Board is obligated to e 20 satisfy itself that the bringing in of a co-owner or 21 co-applicant does not in any sense compromise the 22 responsibility that South Carolina Electric and Gas will be 23 taking with respect to completion of construction and proper -[JI 24 operation of the f acility. ~ 25 Therefore, I think what we should like to request \\-)s' f ALDERSON REPORTING COMPANY,INC. 400 VIRGINTA AVE., S.W., WASHlh0 TON. D.C. 20024 (202) 554 2345

322 (} 1 is that at some point in time sefore the proceeding hearing 2 gets underway that the Board be supplied a copy of the 3 co-ownership agreement and whatever other formal exist that ) 4 spell out the responsibility relationships for construction 5 and operation. 6 MR. KNOTTS: Very well, Mr. Linenberger, we vill 7 be tappy to do that. 8 - MR. LINENBERGER : Fine. Thank you. 9 Now then, the Board also is very sensitive to the to fact that this is the first r.cclear plant that South 11 Carolina Electric and Gas is building and is requesting a 12 license to operate.' That being the case, it is especially 13 important to the Board that we develop on the record a o 14 feeling f or management attitudes within the applicant's 15 orgai;ation with respect to completing and operating this 16 facility. 17 In that vein the Board should like to request that 18 the applicant make available at a time that can be 19 established later for its convenience during the hearing the 20 senior corporate officer of the utility with a line 21 responsioility for construction and the senior corporate 22 officer with a line responsibility for operation. If these 23 turn out,to be one in the same, sobeit, but the Board would () 24 like to have an oppactunity to chat with these gentlemen. 25 MR. KNOTTS: Very well, Mr. Linenberger. That ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

1 1 -l 323 {} 1 would be Mr. Crews and Mr. Nichols for construction and 2 operation respectively. 3 MR. LINENBERGER: All right, si r. 4 As a point of information f or the Board can either 5 counsel advise me, does the applicant currently possess a 6 specjal nuclear material license to receive the fuel? 7 MR. KNOTTS: It is my understanding tha t the 8 applicant does possess such a license and does possess the 9 fuel at th9 site. 10 ER. LINENBERGER The fuel is on site; is that 11 correct? .2 MR. KNOTTS: Yes, sir. 13 MR. LINENBERGER: Tha nk you. O-T'here was another area of possible interest to the 14 15 Boa rd that can handled I think quite readily, not here, but 16 I just want to alert you to it. The interaction 17 hydrologically between the Summer f acility and the Fairfield 18 pump and storage facility is a matter that this Member of 19 the Board does not feel it fully understands from the 20 documents that have been provided to da te. If there could 21 be somebody made available sometime during the formal 22 hearing to answer a few questions about this the Board would 23 appreciate it very much. We won't spent a lot of time on it. () 24 MR. KNOTTS: Yes, sir. 25 MR. LIN EN BERGER : Thank you. O i 1 ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 2F t (202) 554 2345

324 1 CHAIRMAN GROSSMAN: Well, let me ask the parties (]/ \\_ 2 whether there is any f urther business that ought to be 3. conducted today? (3i ~J 4 Mr. Goldberg? 5 MR. GOLDBERG Mr. Chairman, would you expect that 6 there would be a further prehearing conference? 7 CHAIRMAN GROSSMAN: Yes, that is one item tha t I 8 did want to conclude with. This is not the final prehearing 9 conference on the 2.752. We will, when the time is 10 appropriate, schedule a final prehearing conference for the 11 issues that are going to be heard and then probably another 12 final prehearing conference for the other issue. 13 Does that sound reasonable, Mr. Goldberg? 14 MR. GOLDBERG That sounds reasonable. L 15 CHAIRMAN GROSSMAN Mr. Bursey? 16 MR. BURSEY: If I could try and summarize then 17 wha t would happen, let's say, if we go with the first formal 18 hearing in March on some of the contentions. We would have 19 90-days notico as to the specific date? 20 CHAIRMAN GROSSMAN: No, not 90 days. 21 MR. BURSEY: Hoa much time would ve have? 22 CHAIRMAN GROSSMAN: Mr. Goldberg? 23 MR. GOLDBERG If you will give me a moment. I am () 24 not sure that there is an express time period. 25 CHAIRMAN GROSSMAN I believe we have to notice } ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

325 1 the hearing 30 days before, and I would expect that in view 2 of the fact that we are asking for prefiled testimony 25 3 days before we would probably set the final prehearing Ns 4 conference about 40 days or 35 days before the hearing. 5 MR. BURSEY: I have 30 days in which to utilize 6 the intervenor's assistance to get my prefiled testimony in 7 and the 40 days would give me 10 days to know when that is 8 due. 9 CHAIBMAN GROSSMAN: We will try and set that final 10 prehearing confereu e as soon as we can giving as much 11 allowance as we can for the hearing with the minimum of 40 12 days. By the way, we will not necessarily have a second 13 final prehearing conference, but I would expect that there 14 will be further developments if everything goes according to 15 how i; has gone. So chances are that there would be another 16 one'but not necessarily. 17 Mr. Bursey? 18 MR. BURSEY: Are we at a poin t for f urther 19 business? 20 CHAIRMAN GROSSMAN Yes, speak up now. 21 MR. BURSEY: I had wanted to ask if you were aware 22 -of any intentions, and I can ask the applicant, of a 23 low power license being applied for? 24 CHAIRMAN GROSSMAN: Does the applicant care to 25 respond? O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

326 1 MR. KNOTTS I would be glad to. If tae situation 2 develops where it looks like we need to get : low-power 3 license in order to stay on some kind of.a schedule we will s 4 nove for it and the parties will have an opportunity to 5 address our motion. 6 We don't have any firm plan to move for a 7 low power license. We have been talking to the staff .8 technical review people and the Advisory Committee on 9 Reactor Safeguards about a full-power review. 10 MR. H00PERa Mr. Goldberg, do you have any idea 11 when the ACRS letter on this plant is going to be issued? 12 MR. GOLDBERGs If we have an early January safety 13 evaluation report we would plan on an early February ACRS () 14 meeting. I would imagine we should have their letter 4 15 sometime in February with a supplement then to the report 16 issuing in March. 17 CHAIRMAN GROSSMANs Mr. Bursey? 18 MR. BURSEYa Yes, sir. I had another question 19 about the environmental impact statement for accidents that 20 has been filed related to TMI requirements that was just 21 reviewed last Monday by the Commissioners. Are you familiar i 22 with that? 23 CHAIRMAN GROSSMAN: We have received a copy of it, 24 yes. 25 MR. BURSEY: Am I to assume that that meeting has O v ALDERf oN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S W, WASHINGTON, D.C. 20024 (202) 554-2345 I

327 1 no bearing other than perhaps just a little background on (~)T 2 the licensing proceedings and that this Board will review 3 that environmental impact statement on accidents itself? 3 4 NR. LINENBERGERs If your question is will the 5 Board use the Commission's review as its basis for the 6 assessment of this document, the answer is no. The Board 7 will make its own assessment of this document. In fac;, it 8 is the Board 's understanding that the Commission's revd ew of 9 the document, that the results of that may not come into our 10' delivery process. 11 HR. BURSEY: I would request t.be opportunity to 12 put something into the record in terms of questi9ns for the 13 applicant and for the staff that this document touches on () 14 that I see is new substantive data that touches on a couple 15 of previously entered contentions. 16 I am in the process of reviewing this document 17 with consultants and I feel that there are places in it that 18 my comments and perhaps interrogatories would be helpful for 19 the Board. I am wondering what time f rame we can use f or me 20 to delve into this matter. 21 CHAIRMAN GROSSMAN Mr. Goldberg, do you have 22 something to say? 23 MR. GOLDBERGa Yes, two things. I think for the () 24 benefit of the Board and parties, as Mr. Bursey properly 25 indicated, the accident discussion in the supplement to the ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

328 1 Summer draf t environmental statement is the first to follow { 2 the changing Commission policy which is reflected in its 3 interim statement of policy re ative to accident (g %.) 4 considerations under NEPA puh~..ished in 45 Federal Register 5 page 40101 on June 13, 1980. 6 The announced purpose and having been in 7 attendance at that meeting, the accomplished purpose of that 8 Commission meeting recently held was to familiarize the 9 Commission with the methodology which the staff employed in 10 performing its accident considerations in this supplement 11 since it is likely to be a precursor for future statements 12 and supplements of this sort. 13 The Commission was very caref ul not to consider ' (b 14 any substantive aspects of the Summer license application 15 and more particularly, to the extent to which they may va ry, 16 any contested 1.: sues. It was a meeting that lasted about an 17 hour. The public was invited to attend and observe the 18 proceeding. A transcript was kept, but it was not a 19 deliberative consideration about the sufficiency of the 20 supplement either procedurally or substantively. It was 21 just to acquaint the Commission with the methodology that 22 the staff did employ in preparing that statement. 23 Also, the interim policy statemen t which I () 24 referred to has an explicit provision or contains an 25 explicit statement there on page 40103 which I think wo uld OV ALDERSoN REPORTING COMPANY,INC, I 400 VIRGINIA AVE., S.W WASHINGTON. D.C. 20024 (202) 554 2345

329 -s 1 apply to the introduction of issues regarding these more 2 severe types of accidents in pending proceedings. I think 3 just to quote from tha t Federal Register notice, "Thus, this ggV 4 change in policy" -- referring now to the decision now to 5 consider the more severe types of accidents in the 6 Commission's environmental statements -- "is not to be 7 construed as any lack of confidence in conclusions regarding 8 the envionmental risk'of accidents expressed in any 9 previously issued statements nor absence of showing of 10 similar special circumstances as a basis for opening, 11 reopening or expanding any previous or ongoing proceedings,." 12 So I think it would still be ent mbent on Mr. 13 Bursey to make some kind of affirmative showing of special () 14 circumstances which obtain here which make the actual 15 ajudication of accident considerations warranted. 16 MR. BURSEY: Yes, sir. I think this is an easy 17 example to use in new data. When the contention on 18 radiation effects in the emergency plans were filed two 19 yea rs ago the TMI regulations weren' t in existence. Now, we 20 have a new set of documents tha t are further going into the 21 RSS taking some issue with it at some points and letting it 22 stand at others and postulating accident impacts using new 23 data, using in some instances extrapolations that I haven't ,/ ) 24 seen. I don't know if they existed before, but I certainly 25 haven't had them. I think that it shines further light on n v ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D... 20024 (202) 554-2345

330 1 the applicant 's emergency planning that is a new light, and gg V 2 that this environment impact statement that has been a 3 result of the TMI proceedings should be taken by the Board O 4 to be new data that should be reviewed by any parties that 5 wish to submit comments relevant to the contentions at hand. 6 CHAIRMAN CROSSMAN: Well, it appears, even though 7 there may be what you consider new data, that this area is 8 circumscribed by the Commission 's guidelines. I guess you 9 will have to operate within those guidelines, including ~ to making the showing that the Commission requires. 11 Isn't that correct, Mr. Goldberg? 12 MR. GOLDBERG: Yes, and I think the kind of 13 special circumstances that the Commission contemplated do () 14 appear in the policy statement itself. It cites as an 15 example t! > 711nch River Breeder Reactor where there was a 16 particular concern that the liquid radiological pathway 17 might be somehow distinct from the airborne pathway for the 18 more conventional nuclear reactors. That was cited as a 19 special circumstance to embark on a consideration of the 20 more severe then commonly known as Class 9 accidents. 21 So I think that if there is a belief that a a 22 situation obtains here which makes either the probability cr 23 consequences of these severe accidents somehow greater than /} 24 the staff judgment to be in its supplement that that would

25. be the kind of showing I think that must be made.

ALDERSON REPORTING COMPANY,INC, 400 VIRG;NIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345

331 b1 1 I will say if the Board has an interest in the 2 substance of that supplemental statement which will be 3 finalized in the final statement that arrangements could be ,e g k/ 4 made to have someone there to address their concerns, but 5 that is a distinct matter from saying that the matter can be 6 placed in contention without observing the guidelines that 7 the Commission has announced. 8 We don't underestimate the interest or the 4 9 importance which attaches to this document. We are aware 10 that there is an ongoing proceeding and I think we still 11 have to observe the procedural requirements for introducing 12 new issues. 13 CHAIRMAN GROSSNAN: Well, let's clarify this with 14 regard to the time limits anyway, Mr. Bursey. In view of 15 the fact that we are discussing at this conference a 30-day 16 limit with regard to new reports of the staff, I would think 17 that would not be objectionable to either the applicant or 18 the staff to either have 30 days from today to raise 19 whatever matters present themselves to you within the 20 confines of the Commission guidelines. In other words, we 21 will give you 3 0 days to raise these ma tters, but you have 22 to follow the Commission guidelines that it will be subject 23 to objection from staff and applicant if whatever you raise () 24 falls outside of those guidelines. 25 Is that agreeable to you? 4 ALDERSoN REPOATING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

332 1 MR. BURSEY: I am'not sure. The guideline that I 2 understand is that it needs to be a new issue. Chairman 3 Ahearne in looking at a transcript from this proceeding, 7g Q,I

4. Chairman Ahearne says, "The Commission decided that it would 5 take into account certain level accidents that in the past 6 had not been taken into account."

This entire document is a 7 new issue. 8 CHAIRMAN GROSSMANs Mr. Goldberg? 9 MR. GOLDBERG: Well, again, just to reiterate, the 10 Commission's expression of its change in policy is givin in 11 the June 13 th Federal Register notice which I referenced. 12 The quote that I made from that document is the Commission's 13 expression of the way in which these matters are to be () 14 treated in ongoing proceedings. It contemplates an 15 affirmative showing of some special circumstances that 16 varrant the formal adjudication of any issues regarding 17 these serious accidents. 18 I will be glad to provide Mr. Bursey with a copy 19 of that document if he doesn't already have it. 20 CHAIRMAN GROSSMANs Mr. Bursey, you understand we 21 are not ruling out anything at this session. What we are 22 telling you is that we are governed by the Commission 's 23 guidance and the parties necessarily have to be. Whatever () 24 You raise will be open to objection by the other parties 25 here and will be resolved on the basis of the Commission ( I i r ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASH:NGTON, D.C. 20024 (202) 554 2345

3S' (} 1 guidelines. 2 MR. BURSEYa I understand that. If Mr. Goldberg 3 will share his insight on what the circumstances that the 4 Board referred to are I would appreciate that. 5 CHAIRMAN GROSSMANs Is there any further business? 6 MR. BURSEY: I have a couple of other items that I 7 would like to mention. 8 Dr. Linenberger said that he was concerned about 9 the Radon 222 and that has been an issue that we have to addressed and raised in our contention about long-term 11 health effects of the nuclear cycle and we will continue to 12 keep abreast of those developments and anticipa te seeing 13 them raised at the hea ring. That is one, file with the g \\ 14 applicant and the staff. 15 I have what I have captioned as interrogatories 16 and wanted to-ask the Board while I have the opportunity to 1 17 he here if they are questions that relate to the applicant's 1 18 revised emergency planning booklet. The most recent 19 revision has come out recently. It has been in the last 20 month or six weeks, I am not sure when. I have 21 interrogatories that I would like to give to the applicant. 22 There are 24 questions about the emergency plans. 23 .As you are aware, the emergency plan last time we () 24 met was mostly blank pages that said to be -provided at a 25 later da te. The applicant has made some remark tha t he felt ALDERSON REPORTING COMPANY,INC, i 400 V RGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

l 334 (} 1 that the discovery process was over with, but I would hope 2 ' that the Board would agree with me that not in the instance 3 of the emergency plan where it is still developing the 4 discovery process must still be in effect. 5 So I would hope the Board would direct the 6 applicant to respond to the 24 interrogatories I have copies 7 of to pass ou t today. 8 CHAIRMAN GROSSM AN : Mr. Knotts, do you have any 9 comments now on that? 10 MR. KNOTTS: Not having seen the questions, I 11 don 't really have a comment except to say this. We are of 12 course agreeable to looking at the questions that Mr. Bursey 13 has. Among other reasons, we and all parties,have an 14 obligation to attempt to settle the case or to settle the 15 particular contentions or to narrow the contentions. It is 16 in that contest that we are most receptive to seeing th e 17 concerns that Mr. Bursey has with the thought that if we can 18 r 'colve those concerns we can drop one more contention. 19 If we have a problem because discovery is closed 20 and it is a question that he could have raised earlier and 21 we can't resolve it then we will object, but our approach is 22 going to be to try and work with Mr. Bursey on this. 23 CHAIRMAN GROSSMANs The upshot of this, Mr. () 24 Bursey, is that the Board is going to rule on those r 25 interrogatories at this point, but we have already indicated O ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345 .~

335 /~T 1 what our position is with. regard to new matters. Go ahead (_/ 2 'and serve them and Mr. Knotts will make appropriate N 3 objections to that if they arise. I would assume that then 4 the Board will have an opportunity to rule on those. 5 MR. BURSEY So if I can again paraphrase to make 6 sure I understand, you are at this point not taking issue 7 with the timeliness of the interrogatories. You want that 8 to be served, you want Mr. Knotts to object if he might and 9 then you will rule on the timeliness? 10 CH AIRMAN GROSSM AN s That is correct. 11 MR. BURSEY: I think I understand, sir. Thank you. 12 CHAIRMAN GROSSMAN: Further business, Mr. Bursey? 13 MR. BURSEY: I think that about exhausts my 14 agenda, Mr. Grossman. I appreciate it. 15 CHAIRMAN GROSSMAN: I hope the parties realize 16 tha t whatever orders were made from the Bench today are in 17 effect without waiting for the order following our 18 prehearing conference to the extent that they are relevant 19 and that there is no reason to wait for anything other than 20 perhaps a transcript. 21 MR. BURSEY: Sir, may I, for the benefit'of saving 22 postage, serve the Board, the staff and the applicant with 23 the interrogaties now and check off the service list? () 24 CHAIRMAN GROSSMAN: That is fine. If you want to 25 personally serve the parties I think you are entitled to do O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W. WASHINGTON, D.C. 20024 (202) 554 2345

336 1 that. 2 MR. BURSEYs Am I further entitled to one free 3 copy of this transcript? 4 CHAIRMAN GROSSMANs Yes. We have already ordered 5 you a free copy of the transcript. 6 (The interrogatories were handed to th e parties. ) 7 CHAIRMAN GROSSMANs I believe that concludes the 8 third prehearing conference. 9 Thank you. 10 (Whereupon, at 11:15 a.m., the prehea ring 11 conference concluded.) 12 I 13 O 15 16 17 18 19 20 21 D 23 24 25 O l l ALDERSON REPORTING COMPANY,INC. 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345 t w w ---s- ~, - 3-e w--- -,--,-,r..---

. O ucc m a arau m oar ca.= ssron This is to' certify that the attached proceedings before the ATOMIC SAFETY A!!D LICENSING BOARD in the matter of: The application for the issuance of. a facility operat-ing License for the V. C. Summer Nuclear Power Station, UNIT 1 Date of Proceeding: November 25. 1980 Docket !! umber : 50-395 OL Place of Proceeding: Columbia, South Carolina were held as herein appears, and that this is the original transcript thereof for the file of :he Coccissica

l Mary C.

Simons Official Reporter (Typed) h: m / -~ r Official Reporter (Signature) J O 4 s l .. _}}