ML19345C691
| ML19345C691 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 12/02/1980 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8012080199 | |
| Download: ML19345C691 (50) | |
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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMMISSION 2
ATOMIC SAFETY AND LICENSING BO ARD O
x 4
In the Matter of:
Prehearing Conference 5
on Operating Licenses ARIZGN A PUBLIC SERVICE COMPANY, 4 6 et al., (PALO VERDE UNITS 1,
2, a
Docket Numbers C 3) 50-528-OL, 50-529-OL, 7
and 50-530-OL
x 8
Courtroom No.
4, 9
Sixth -Floor, Federal Building, 230 North First Avenue, 10 Phoenix, Arizona 85025 11 Tuesday, December 2, 1980 12 The above-entitled matter came on for prehearing 13 conference pursuant to notice at 9:30 a.m.
1 14 BEFORE:
15 ROBERT LAZO, Esq., Chairman RICHARD F. COLE 16 DIXON CALLIHAN 17 HENRY J.
MC GURREN, NRC Pegulatory Staff EDWIN J. REIS, Assistan t Chief Hea ring Counsel, 18 NRC Hearings Staff 19 APPEARASCES:
20 Snell C Wilmer By:
ARTHUR C. GEHB, Esq.
21 CHARLES A. BISCHOFF, Esq.
3100 Valley Center 22 Phoenix, Arizona 85073 On behalf of Joint Applicants 23 j
ALSO PRESENT:
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24 CHRIS SHUEY, Pe ti tion e r 1100 W. Second Street 25 O
8pIM86M ALDERSON REPORTING COMPANY,INC, I
400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345 I
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Tempe, Arizona 85281 l
2 PATRICIA LEE HOURIHAN, Petitioner pro se 1204 W.
Fifth Street, #2 3
Tempe, Arizona 85281 4
EDWIN E. VAN BRUNT, Jr.,
i Vice President, Nuclear Products l
5 Arizona Public Service Company 1
P.O. Box 21666 6
Phoenix, Arizona 85036 i
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- - O ALDERSON REPORTING COMPANY,INC, 400 VIRGIN 4A AVE., S.W. WASHINGTON, D.C. 20024 (202) 554-2346
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DR. LAZO:
Will the prehearing conference come to
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3 order, please?
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This is an administrative proceeding before an s Atomic Safety and Licensing Board of the United States 6 Nuclear Regulatory Commission, in the matter of Arizona 7 Public Service Company and five joint applicants, regarding 8 Palo Verde Nuclear Generating Station, Units 1, 2 and 3.
g The proceeding ir. identified as Nuclear Secula tory 10 Commission. Docket No. STM 50-528-OL, 50-529-OL, and 11 50-530-OL, the "0L" standing for operating license 12 proceedings.
13 As a preliminary matter, just let me note the 14 change of location of the prehearing conference, which 15 previously had been scheduled for the Grand Jury Hearing 16 Room on the Fifth Floor of this Federal Building.
It has 17 been relocated to Courtroom 4 on the Sixth Floor, where we 18 a re presently situated, and an appropriate notice has been 19 placed down on the Fif th Floor, and hopef ully all who 20 planned to attend have learned of the relocation and are now 21 present here at 9:30 this morning, December 2nd.
We will stop just for a minute.
(Pause.)
22 23 The proposed administrative action before this
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24 Safety and Licensing Board is the issuance of facility 25 operating licenses which would authorize applicants to ALDERSoN REPORTING COMPANY. INC, 400 VIRGINIA AVE, S.W., WASHINGioN. D.C. 20024 (202) 554-2345
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1 possess, use and operate at Palo Verde Nuclear Generating 2 Station Units No.
1, 1 and 3.
three pressurized water
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3 nuclear reactors located on the applicant's site in Maricopa
\\.s) 4 County, Arizona, approximately 36 miles west of the City of 5 Phoenix.
6 Notice that the applicants had filed an 7 application for f acility operating licenses for Palo Verde 8 was published in the Federal Racister of July 25, 1980.
g That notice, which was given general public distribution, to including the news media, provided that any person who may 11 be affected by this proceeding may request a hearing and 12 file a petition for alleviation in accordance with the 13 Commission's Rules of Practice.
14 In response to that notice, on August 11, 1980, 15 Patricia Lee Hourihan submitted a timely petition to 16 intervene and a request for a hearing for herself ac well as 17 on behalf of two other persons, Kevin Dahl and Christopher 18 Shuey.
19 Now let me introduce to you the members of the 20 Licensing Boards Dr. Dixon Callihan, physicist, seated at 21 my right, and Dr. Richard Cole, who is an environmental 22 scientist, seated at my left.
i 23 My name is Robert Lazo, and I am a lawyer.
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24 Now we will have appearances for the parties, for 25 the Applicantst l
ALDERSON REPORTING COMPANY,INC, j
l 400 VIRGINIA AVE, S.W. WASHINGTON, D.C. 20024 (202) 564-2346
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1 MR. GEHR:
Arthur C. Gehr, and Cha rles A.
2 Bischoff, with Snell C Wilmer, Phoenix, Arizona, appearing 3 on behalf of the joint applicants.
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Mr. Gehr.
4 DR. 1020:
Thank you r 5
And for the NRC Hearing Staff?
6 MR. MC GURRENs For the Nuclear Pequlatory 7 Commission Staff, my name is Henry J. McGurren, and on my 8 righ t is Edward Reis, who is assistant Chief Hearing Counsel g for the NRC.
10 DR. LAZO And for the petitioner?
11 MS. HOURIHANs My name is Patricia Lee Hourihan,
12 petitioner, and this is Christopher Shuey.
13 DR. LAZO:
Thank you, Ms. Hourihan.
O 14 Now, the principal reason for this prehearing 15 conf erence is to consider the petition that has been filed 18 by Ms. Rourihan, and I will first ask if any of the parties 17 vish to make an opening statement.
Mr. Gehr?
18 MR. GEHR:
We have filed an answer with respect to 19 the petition to intervene filed by Ms. Hourihan.
We have 20 acknowledged that she has standing and subject to having 21 submitted at least one valid contention she should be 22 permitted to intervene.
23 We have gone through the contentions; we concede
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24 that there is one contention validly sta ted, specifically Contention No.
4, which we consider to be admissible, and 25 ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554-2346
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,3, theref ore we would acknowledge that Ms. Hourihan is entitled s_/
2 to intervene and her petition to intervene should be granted.
3 As to Mr. Shuey, we noticed in our answer to the
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4 petition to intervene that it had not been signed by Mr.
5 Shuey, and we do not believe.that Ms. Hourihan can represent 6 Mr. Shuey.
7 We also that the contentions that were filed.were 8 signed by Mr. Shuey, however; so I am not quite sure what g hic status is, but it seems clear that he has not complied to fully with.the Rules of the Commission.
11 MR. LAZO:
You have not filed anything in writing 12 regarding the contentions?
13 MR. GEHR:
No, sir.
We did not ' receive them until last Monday, and we had two days, three days to work with 14 15 them.
We have got some drafts going but we are not ready to 16 file.
We are ready to address them at this hearing.
17 MR. LAZO:
Let me just ask Ms. Hourihan, when you 18 filed your amended contentions did you serve them on the 19 Secretary of the Commission in Washington?
MS. H00RIHAN:
Yas, I sent a copi to you, a copy 20 21 to Jay, and a copy to the applicant; and I have the little 22 pieces of paper from the postmaster indicating the date that I served them.
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MR. LAZO They must have been delayed in the 24 25 mail.
They were filed then on the 21st?
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v ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W. WASHINGTON. D.C. 20024 (202) 554-2346
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't MS. HOURIHAN Yes, and I have the certification 2 stamped on the 21st.
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MR. LAZO4 Well, we did receive a copy through the V
4 Office of the Executive Legal Director who had received 5 them.
The Licensing Board has still not received anything 6 in the way of contantions, but we have seen them and 7 retained a copy f rom Mr. McG,urren's office, so that '.e have 8 seen them, but not very long ago.
9 Mr. McGurren, on behalf of the Regulatory Staff, 10 do you wish to make an opening statement?
11 MR. MC GURREN:
Let me just briefly sunmarize it.
12 The staff did receive the petition and, as you know, on 13 September 2nd we responded to the petition, and we took the 14 position that Ms. Hourihan, for herself, as the petitioner, 15 sa tisfied the requirements.
16 MR. LAZ0s I am sorry, counselor, you said on i
17 December 2nd?
4 18 MR. MC GURRENs No, on September 2nd.
We 19 responded and our position therein that we stated wac that 20 petitioner Datricia Lee Hourihan satisfied the requirements 2, o f 2.714 as f ar as interest, was deficient with respect to 22 aspects.
With regard to Christopher Shuey and Kevin Dahl we 23
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felt that the petition which was filed was not satisfactory, 24 did not meet the requirements of 2.714 25
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e ALDERSoN REPORTING CoMPAhY. INC.
400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 564-2345
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We have received a supplement tg the petition, and
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2 as indicated by Mr. Gehr it was signed b both Ms. Hourihan 3 and Mr. Shuey.
We ha ven 't had a chance to espond to that O
4 petition and as was indica ted in our letter to the Board 5 several weeks ago we have indicated that there was agreement 6 of the applicant and th e petitioner that both the applicant 7 and the staf f be given until the 9th to file their positions.
8 We aren't here today prepared to address each of g the contentions, but we have reviewed them in sufficient to depth to have found at least one good contention, 'and that 11 contention, which we feel does satisf y the minimum 12 requirements of a specificity basis, is Contention 1.
13 We will be filing in writing our responses to the 14 reasining contentions, and I have checked with both the 15 applicant and Ms. Hourihan and both have indicated that they 16 would be willing to allow the staff three additional days, 37 and that would be until Friday, the 12th, to file.
And if 18 this is an ap propria te time, Mr. Chairman, I would move that gg we be allowed to file responses by December 12th.
20 MR. LAZ0s Well, we had hoped, counselor, that the 21 staff would be prepared today to address the contentions, at 22 least orally.
I think we should attempt to do that, as long 23 as we are here, and the Board has a number of questions
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24 rega rding some of the proposed --
MR. MC GURREN:
We wouldn't be able to state a 25
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ALDERSoN REPORTING COMPANY,INC, 400 VIRONA AVE, S.W., WASHINGTON, D.C. 20024 (202) $64 2346
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1 position on each of the contentions.
2 MR. LAZOs Well, nonetheless, we may find we will i
3 get some enlightenment from the questioning, and let's got 4 along and see how far we can go on that.
5 Is it then the staff's position that you are not 6 opposed to granting of the petition?
7 MR. MC GURREN:
We do not oppose the granting of 8 th e pe tition.
9 MR. LAZO At least as to one contention?
10 MR. MC GURREN:
One contention, which means that 11 we do not oppose of a right to a hearing, the admission of a 12 party --
13 MR. LAZO:
A party?
14 MR. MC GURRENs And tha t pa rty is Ms. Hourihan.
15 MR. LAZ0s Very well.
16 And, Ms. Hourihan, I wonder if you are irterested 17 in making an opening statement?
I think we will request you 18 to make one, because there is the question of the status of 19 your petition, whether or not your petition is to be treated 20 as a petition from an individual, namely, yourself, or as an 21 individual representing an organization as yet unnamed.
We 22 don't see anything in your papers to indicate that there is 23 any sort of a formal or informal organization to which these
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24 other two people who have been identified belong.
Let me ask, Ms. Hourihan, are you represented by 25 O
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
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2 MS. HOURIHAN.
I have had a few attorneys work 3 with me, and I have a few fricads who are attorneys in O
o 4 Tucson who have worked with me; but I will be represen tin g 5 myself.
I won't have a specific person as counsel who will 6 be here during the proceedings.
7 I have had help from attorneys, but that is about 8 it.
9 MR. LAZO:
Well, there is, of course, no 10 requirement under our rules of practice that you be 11 represented by counsel.
We should say that it would be to 12 your advantage to be represented by an attorney.
These 13 proceedings are of a quasijudicial nature, and if your 14 petition is granted and there will be an evidenciary 15 hearing, it would be very helpful to have an attorney 16 represent you.
But, as I say, it is not necessary, and we 17 would ensure that you would not lose any substantiv rights 18 by virtue of the intricacies of the Rules of Practice.
19 Nonetheless, the sessions will be formal and the proceeding 20 is formal, and it will require that you meet the rules of 21 the Commission in filing timely responses and all the other 22 requirements of conducting a proceeding of this type.
23 Now, in that regard, since you are not an
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24 attorney, you may only represent yourself as a pro se 25 intervenor; you may not represent another individual; so l
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINI' AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345 A
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1 there is a question as to whetheg,,or not you are claiming an 2 organizational status in which you would be a representative 3 of an organiLation, or whether you are only representing s
4 yourself, and that the views of year other people who have 5 been identified in the petition are also your views.
Could 6 you speak to that?
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- 55. HOURIHANs Yes.
There are groups that will be 8 working on this in Tucson and Phoenix, but I choose to 9 represent myself and not to represent these groups.
10 As far as an attorney goes, a couple of attorneys 11 have offered to work on this full time, good attorneys here 12 in Phoenix, but they have also asked for at least $10,000 a 13 year -- is the time for my opening statement?
14 MR. LAZ0s Surely.
Please proceed.
15 MS. HOURIHAN:
I feel bad about the way this was 16 typed.
For one thing, I didn't have time to get the starter 17 fixed on my car today, and I had books on the gas pedal to 18 keep it running, so I could get to the post office and get 19 copies, so I was typing really fast.
So I a pologize f or the 20 manner in which --
21 MR. LAZO We did encounter some difficulty, and 22 when we get to it I think we will have to ask for some 23 elaboration on portions of it.
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24 MS. HOURIHAN4 Copying?
1R. LAZO Yes.
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MS. HOURIHAN4 All right.
And also, I would like U
2 to point out at this time -- well, first I would like to 3 request a copy of the transcript of the hearing today from 4 the NRC.
5 What we are doing here is totally volunteer work.
6 The applicant has a number of attorneys to work on this, and 7 I would like that to be taken into consideration if it 8 could.
We don't have any money.
We have zero zilch, no 9 money at all, and we don't even have a good typewriter, you 10 know, and I am just saying -- I am not trying to make 11 ex cu ses, I want you to know that we are a volunteer -- I am 12 a volun teer.
I am not getting pa_d for doing this, and if 13 it doesn't come off as professionally as it would were I an 14 attorney, I apologize at this time.
15 I have worked for my father's law fi rm, so I have 16 had some experience in legal research, but I am not an 17 attorney.
I guess that is about it.
18 MR. LAZO:
Now, you haven't mentioned Mr. Dah1?
19 MS. HOURIHANa de will not be a party to this.
20 MR. LAZO:
He will not be a party, and Mr. Shuey 21 is not requesting party status.
MS. HOURIHAN:
Would you like Chris to speak to 22 that?
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MR. LAZO Yes.
24 MR. SHUEY:
Mr. Chairman, my position in this was 25
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j ALDERSoN REPORTING COMPANY,INC.
400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
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1 from the beginning that I would take part if it appeared 2 that we could have some backing from the community.
I 3 perceive that we have at least a moral backing if not a
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4 financial backing.
5 I would agree to comply with all the rules of 6 procedure that have been set down, if necessary to become a 7 petitioner.
I am not familiar enough with the rules to know 8 if I would be in addition Lee or if our efforts would be g combined.
I think that Mr. McGurren stated the f acts 10 co rrectly., I have not -- other than the initial supplements 11 to Lee's August 11th filing -- I have not filed anything in 12 addition to that.
13 I understand there is a petition for a late filing O
14 for which you have to meet very stringent conditions, and I 15 would be willing to undertake that effort if it is within 16 the rules of the Commission and this Board.
In other words, 17 Iw uld like to seek standing as a petitioner here.
18 MR. LAZO:
Have you received a copy of the Rules 1B of Practice of the Commission or have you seen one?
You did 20 mention that you are aware of the requirements?
21 MR. SHUEYs Yes.
I can't say that I have read it.
I.mean thoroughly.
22 23
. MR. LAZua Well, it woul.d be a late filed petition
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24 if you decide to file one and, of course, you would have to 25 establish good cause for filing late.
O ALDERSoN REPORTING COMPANY. INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
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May I ask, as to your background, is it technical 2 or_ legal in terms of the assistance that you might be r's 3 providing to Ms. Hourihan?
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MR. SHUEYs I was a newspaper reporter for a 5 while, if that means anything, and I have been involved in 6 environmental research for some time.
I have no Ph.D.'s or 7 M.S. after my name or anything like th a t.
I am not an 8 engineer.
I am a citizen just as much as everybody else.
9 MR. LAZOs There a lots of us who have a keen 10 regard f or. health, safety and environment who don't have 11 Ph.,D.'s after our names; that is a common interest that 12 everyone in the country has toda y.
13 Well, then, I think we'will simply have to leave b
k-14 it up to you, Mr. Shuey, as to whether you desire to file a 15 late petition.
16 MR. SHUEY:
May I ask 17 MR. lAZO:
Surely.
18 MR. SHUEYs Would -- well, the only reason I 19 signed the supplement to the petition to leave to enter 20 contentions was to create this discussion, really.
Is that 21 going to affect Ms. Hourihan 's status, if I do not follow 22 th ro ugh with a. late filing?
MR. lAZO:
That does not affect her status at 23
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24 all.
From what we have heard here today, these applican ts 25 and the staff of the Nuclear Regulatory Commission are both
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ALDERSON REPORTING ColJPANY,INC, 600 VIRGINIA AVE., S.W WASHINGTON. D.C. 20024 (202) 554-2345
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I proposing that Es. Hourihan's petition be granted.
If the 2 Board does grant her -petition, she would become a full party pg 3 to - this proceeding, with all of the rights and obligations
\\.s' 4 which follow.
Whether or not there was a.second petition 5 would not affect har status at all.
6 MR. SHUEY:
Okay, if I would file as a separate 7 petitioner, I would.have to have my own list of contentions 8 and things like this, or does the procedure set out a way g that I can file in joint petition with Ms. Hourihan?
10 3R. LAZO Well, if you filed an identical or 11 nearly identical set of contentions, and assuming you got 12 over this hurdle of the likeness and timeliness of the 13 contentions of the petition, then surely the Board would to f}-
k 34 consolidate the cases.
Now, if you had different 15 contentions, then as to those you would be representing 18 yourself as an additional party.
HR. SHUEY:
I see.
17 18 MR. LAZO:
As to your request for a copy of the 19 transcript, let us say that the Commission has not agreed to 20 any funding for intervenors, so they are unable to do so 21 under the congressional mandate; however, the Commission has 22 a one-year pilot program or experimental program under which 23 they will furnish a free copy of the transcript to parties
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24 to the proceedings other than the applicants.
They also 25 will copy and serve your testimony if you sent it in to the ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
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1 Docke. ting and Service _at Washington, which will reduce 2 considerably your expenditures.
3 They are also will to relieve you of the filing O
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paper with Docketing
_4 requirement for filing copies of every l
5 and Service-in Washington, and if you file an original and 6 two, that will. be sufficient.
7 Mr. McGurren, would you please provide petitioner 1
8 with a copy of the regulation on procedural assistance?
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MR. MC GURRENs I will make sure that we send out 10 a copy of that position.
11 MR. LAZ0s All right, so that she will know I
12 exactly what it is, what assistance she will be able' to get.
13 Well, based upon what we have heard here from O
14 applicants and from the staff and our own study of your 15 petition, we will hereby orally rule that your petition is 1
16 granted, and that you, Ms. Hourihan, as an individual 17 representing yourself, are admitted as a full party to the j
18 proceeding.
I Now, that means that there will be an evidentiary gg 20 hearing in this-proceeding.
Had no petition be filed or no 21 petition been granted, there would have not been any 22 evidentiary hearing in this operating license application.
23 A public evidentiary hearing is mandatory in the
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24 construction period stage, and there was a public hearing at 25 which time the granting of construction permits took place,
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4 ALDER $oN REPORTING COMPANY,INC, l
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1 but no hearing is mandatory during the operating licensing 2 stage unless there is a valid petition which is admitted by
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3 the Licensing Board.
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Now we have done that orally and we will confirm 5.that in writing in a postconference order af ter we return to G Washington.
Therefore, we are in a position to grant your 7 request for a free copy of the transcript and I will 8 instruct the court reporter to so provide you with one.
9 That will be transcribed in Washington and sent by 10 mail, which raises another question:
One of the problems in 11 the early part of the case was that you did not advise the 12 Cermission of a change of address, and I understand some of 13 the mail went astray.
That would be another obligation, Ms.
14 Hourihan, to be sure that the Public Docket Room in 15 Washington, at 1717 H Street, knows your whereabouts, and is 16 able to contact you, and that the other parties may knov 17 where to serve their official papers upon you.
18 MS. HOURIHAN4 I would like to apologize f or 19 that.
I have been waiting to gove into this new house, and 20 I couldn't move in until December, and I have been waiting for four months for it to open, so I moved twice before the 21 22 house opened, and I will be at this new home for at least the next two years.
So from now on there won't be any 23
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24 problems as to my address.
MR. LAZ0s Just be sure that the Public Document 25 O
r ALDERSoN REPORTING COMPANY,INC,
. 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345 i
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2 of the parties know it, so they can serve papers upon you.
3 MR. MC GURREN:. May I ask a clarifying question, 4 Your Honor?
5 MR. LAZO:
Yes.
6 MR. MC GURREN:
Do you have a new address?
7 MS. HOURIHANs Yes.
8 MR. MC GURRENs At least for the record now, so g that we know what that address is.
10 MS. HOURIHANs It is the same address.
It is 1426 11 South 26th Street.
It is the same address as the petitioner.
12 MR. LAZO:
Would you state the full address and 13 the ZIP code, so that we will have that.
Now, that is the 14 address to which you want papers to be served?
15 MS. HOURIHAN:
From now on.
Can I check during 16 the break and after the break make sure that I have the 17 numbers for that?
18 MR. LAZO:
Yes, very good.
19 Ms. Hourihan, we have before us copies of the 20 supplement to the petition for leave to intervene, the 21 contentions, which I understand was filed on November 21st.
We would like to go through those contentions seriatim and 22 23 ask you if you have anything in addition to comment on them; l
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24 and as T indicated, there are places where we will need some 25 additional inf ormation f rom you because the copying has not
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2 If you have nothing to add, we will ask the 3 applicant or applicants for their view of the contentions.
4 MS. HOURIHANs You mean all of the contentions or 5 just Contention No. 1?
6 MR. LAZOs Contention No. 1.
7 MS. HOURIHAN:
I have nothing to add to No. 1.
8 MR. GEHRs If the Board please, I recognize that g the NRC staff has conceded that this is an admissible 10 contention, and we do not agree.
We cannot tell from the 11 contention what the issue is.
12 Ihe first sentence of the contention states that 13 the ground level release model would produce more r~)
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14 conservative -- it does not adequately explain the ground 15 release model would produce more conservative values of 16 routine reactor omissions.
And I fail to understand why a 17 comparison of two models, one being conservative, one being 18 more conservative, creates an issue.
The first point.
19 Secondly, the second sentence, starting out, 20 " Consequently, use of the model produces maximum site 21 boundary ground air concentrations and surface 22 concentrations which are not sufficient to predict maximum dose rates."
I would consider the second sentence just 23
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24 simply a non sequitur, has nothing to do with the 25 comparison.
So I just don 't know the issue.
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1 MR. LAZO:
Pardon me, counselor.
We are having a 2 little difficulty hearing you, and I am sure those in the 3 courtroom are.
Is that microphone loose?
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4 MR. GEHRs I will repeat my objections to 5 Contention No. 1.
First, I do not believe the first 6 sentence states any issue at all; it merely states that 7 there is some comparison of something else, and one is not 8 as conservative as the other.
That does not create an issue 9 that I can understand.
10 Secondly, the second sentence to the contention, 11 starting out with the word " Consequently," I do not 12 understand how the failure to be more conservative or 13 conservative results in any insuf ficient prediction.
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I just don't know what the issue is that the 14 15 intervenor is attempting to raise here.
16 Finally, we do not believe that the explanation 17 given to support the contention is sufficiently specific to 18 meet tha requirements of 2.714.
19 MR. LAZO:
Mr. McGurren, you have stated already 20 that the staff feels the contention in Contention 1 is a 21 valid contention?
MR. MC GURREN:
Yes, Mr. Chairman, we believe that 22 23 what is being contended here is the use of this model, that
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the maximum dose is not correct, that it gives an 24 insufficient prediction of maximum dose.
That is the way we 25 O
I ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W WASHINGTON, D.C. 20024 (202) 554 2345
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2 MR. LAZO:
Ms. Hourihan?
3 MS. HCURIHAN:
Wha t Mr. McGurren said is true.
In gg
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4 the first sentence is is quite clear to me the operating 5 license stage does not adequately explain, i t doesn't 6 explain, as far as we are concerned, adequately how the 7 ground level release model would be of more conservative 8 values.
By conservative we are talking about a LARA, as low 9 as reasonably achievable values.
What we are talking about 10 is that the model is.from the ground and not from the stack, 11 and what would be emitted, you also have to take into 12 account what would be emitted'from the stacks, and take into 13 account everything that goes along with that -- h o w it will 14 travel, what will travel, and it does not provide for high 15 concentration outside the limited area.
16 MR. COLE:
Ms. Hourihan, at least one of your 17 points in this is that the model that was used would not 18 necessarily predict maximum concentrations at other poin ts/
19 MS. HOURIHAN:
Exactly.
MB. CALLIHAN:
Other points with boundary or 20 21 beyond the boundary?
MS. HOURIHAN:
Outside the boundary.
22 MR. C3LE:
Also this contention addresses only 23
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24 routine effluence within your contention as to normal t-25 discharges from the plant?
ALDERSoN REPORTING COMPANY,INC, 400 VIRGIN!A AVE, S.W., WASNINGTON, D.C. 20024 (202) 554 2345
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1 MS. HOURIHAN Tha t is true.
2 MR. CALLIHAN:
What you are addressing are 3 airborne effluents?
)
4 MS. HOURIHAN:
Excuse me?
5 MR. CALLIHAN4 It addresses only airborne 8 effluence?
Should it also address liquid effluence?
7 MS. HOURIHAN No.
8 MR. LAZ0s All right, Ms. Hourihan, what about g Contention 2?
to MR. GEHRs If the Board please, may I make one 11 more comment?
12 MR. LAZ0s Surely.
13 MR. GEHR:
I recognize that there are 28
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14 contentions, and if we spent 15 minutes on-them, we are 15 going to be here for seven hours.
So I will do the best I 16 can to keep my comments brief.
17 This contention and many of the others starts out 18 that "the applicants' environmental report o pe ra ting license 19 stage does not adequately explain."
Now, I hope that the board will instruct the intervenor that she has a burden of 20 21 going forward with each contention that she wishes to raise.
It seems to me that this is a common statement 22 that is followed throughout the supplement that is 23
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24 impeoctr.
They are trying to place the burden of going forward back upon the applicant with respect to the petition 25 O
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ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
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1 to intervene.
That is not proper.
She has the burden of 2 going forward.
If it stands the way it is, and this comment 3 I would like to make general, so I don't have to repeat it 4 again, for each case where' it appears.
5 As I understand rules, she would have the burden 6 of going forward and explaining why the ER does not 7 adequa tely explain something.
Now that is a foolish 8 issue.
So I think when the rephrasing of these contentions g is done, if there are any that are allowed, that they will 10 be sta ted pro perly~.
And if her view is that the ground 11 level release is inaccurate in the predictions, she must 12 state that clearly and then assume the burden of going 13 forward and establishing that fact.
14 She_must establish on a prima facie that that s-15 ground level release model is improper before the burden 16 comes back to the applicant.
And I think it be very time 17 saving if this point were borne in mind throughout the 18 consideration of each of the contentions, and that the 19 intervenor were properly instructed on what her duties and 20 responsibilities are going to be with respect to th e 21 contentions.
MR. LAZO:
Well, that, of course, is one of the 22 25 problem' Sbviously, if a contention is admitted, the
()
24 parties
.e going to have to address it with sworn testimony.
25 May we ask, Ms. Hourihan, at this point if you are O
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2 form of expert opinion testimony?
3 MS. HOURIHAN:
Yes.
In fact, for at least 20 of O
4 the contentions, I have certain experts in mind for the 5 hearings.
I may be wrong in this, but I was under the 6 impression that in this part of the proceedings I would only 7 have to state my contentions and not have to go into great 8 detail as to why that is a contention.
g I understood that down the road, at the hearing, 10 a t that time the expert witnesses would come in and I would 11 have to explain exactly what I meant.
So that is why some 12 of these contentions are brief, just getting the general 13 point across.
This is our contention, and we do have expert 14 witnesses who are going to testify.
15 MR. LAZO4 Well, it is quite true that in jp determining whether or not a contention is admissible that the Board does not look to testimony.
We are only seeing 17 18 whether it has been written in a way is understandable and 19 written in a way that the other parties who have to address it would be able to prepare evidence controverting that 20 issue.
21 22 N3w, you may face up to the problem of 23 articulating your contention more specifically quite a bit
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24 earlier than you anticipate because once your petition has 25 been granted the formal discovery period will begin, and the Q(s ALDERSON REPORTING COMPANY, INC, 400 VIRGINIA AVE, S.W., WASHINGTON. 0.C. 20024 (202) 554 2345
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2 Regulatory Commission's staff, will want to know exactly 3 what it is you have in mind, and what sort of evidence you O
4 have to back it up.
5 One thing that might be worth while, and we would 6 suggest, is that you would meet with counsel for the parties 7 and make an effort to arrive at a stipulated set of 8 contentions which are draf ted in a more precise f orm, so 9 that at least all of the parties can understand exactly what 10 it is you are contending, and will be in a better position 11 to know how to prepare their testim ois y.
12 Mr. McGurren?
13 ER. 3C GURRENs Mr. Chairman, we would be very 14 willing to meet with the parties to accomplish this task.
15 I would just like to add that I am not sure I 16 understand the applicants' position on burden of proof.
It 17 is my understanding, without giving you the case law, that 18 the burden that the intervenor has is one of raising in a gg teasonable sind an inquiry, and not in proving their case at 20 this point.
21 MR. LAZO Well, surely that is true; there is no 22 need to prove their case.
As I said, we will look to see 23 whether they have evidence in deciding whether they have a
()
valid contention.
The contention may be easily disposed of 24 25 by one of the parties beca use it has no validity to it; but ALDERSoN REPORTING COMPANY, WC 400 V'RGINIA AVE., S.W, WASHINGTON, D.C. 20024 (202) 554-2345
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1 26
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'Je are judging whether V
2 it is written with enough specificity so tha t people can 3 understand it, and if there is some basis for it.
i MR. GEHR:
I may have confused the Board and 5 counsel and everybody else, but my point was that to many of 6 these contentions that have been stated in the supplement 7 start out that the applicants' FASR or the ER does not do 8 something aaequately, does not explain something 9 adequately.
That very opening comment in the contention 10 seemed to me an attempt to shift to us the burden of proving 11 the ER does adequately do something.
That is not a proper 12 approach and I just want to make it clear that even if it 13 were the proper approach, proving what the ER does, or what
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it doesn't do, is a foolish issue.
34 15 The issue that she is trying to raise in 16 Contention No. 1 is that the ground level release model is 17 inaccurate, and if she wants to state tha t as a contention,
18 then I can understand unat I am faced with, but not what the 19 words are in the ER as to what is adequate.
I certainly do 20 not have the burden to explain and persuade the intervenor 21 as to the adequacy of my statement in the ER.
That is a 22 problem that the Commission has and the Board has.
I do not have the burden of proving to her 23
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24 satisf action my explanation of the ground level release 25 model is satisf actory.
That is the proulem I had with the V)
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27 I'T 1 Statement of the contentions.
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MR. MC GURREN:
Mr. Chairman, I do believe that J
3-the applicant has the burden of showing whether the models 4 th ey use are accurate; and if that is raised as a contention 5 and is accepted by the Board as a contention, they would 6 have that burden in the hearing proceeding, in the actual 7 presentation of evidence, to show that that model was 8 correct and accurate.
g MR. COLE:
I don't think Mr. Gehr has any problem 10 with it stated that way.
11 MR. GEHR:
I don't have any problem with the 12 statement of the contention; however, the cases decided by 13 the Appeals Board of the NRC have established that as to O.
kJ 14 contentions the intervenor has the burden of going forward 15 to establish a prima facie case to support that contention.
16 If there is no prima facie case, we have no duty to do 37 anything further.
18 MR. MC GURREN:
And I think that this comes out, if I may add, through our regulations on discovery, and our 19 20 regulation regarding summary disposition.
21 MR. LAZO:
I think that is correct and that is 22 wh a t we are really addressing now, how can we get the 23 contentions boiled to point where everybody understands them I ()
24 and we know what we are going to litigate in these 25 pr ceedings.
That can be done through discovery.
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28 1-The first thing the applicants and the staff would
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2 do would be to find out from the intervenor as to what it is 3 she means through interrogatories, and then perhaps some of 4 these issues may be disposed of through summary disposition.
5 MR. MC GURRENs And I also recognize, Mr.
6 Cnairman, that the tool of negotiation, meeting of the 7 parties before discovery begins with an effort to agree as 8 to what.the language should be, I think a great deal could 9 he done through such negotiation.
We are certainly willing to to do that, to meet with all of the parties to determine,
11 particula r languago..
12 MR. CALLIHAN:
Ms. Hourihan, just as an example of 13 where I think this discussion stands at the moment, I
()
14 believe it is incumbent upon the intervenor to state what in is this case is incorrect about the model, basic application, 16 or what not, and then that gives the parties, and then the 17 Board, for that matter, something firm to chew on.
18 But the statement adequately explained is a 19 nebulous thing; it hasn't much substance, and this is made 20 only as a suggestion; and perhaps it might be of some 21 guidance.
22 MR. LAZO:
Well, is we indicated earlier, there 23 are a few places in the supplemental petition where we have
(])
24 some questions to Ms. Hourihan, particularly to identify 25 certain references where the copying has not been very
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.1 29 j clear.
But it does occur to us now that it might be
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2 profitable to take a brief recess to permit the parties to 3 explore the idea of meeting and trying to determine a fgV 4 stipulatad set of contentions.
5 I would encourage counsel to meet with Ms.
6 Hourihan during this recess, and then lot the Board know 7 af ter we come back in open session as to your belief as to 8 whether this will be possible or not, and if so in what g time-frame.
Otherwise, I think we do believe we should go 10 through each of the contentions today, so that when we get 11 back to Washington we can decide which ones should be 12 admitted as issues in controversy and which should be denied.
13 It would be far better if the parties themselves 14 could come to some agreement on that.
That may not be 15 possible, but would 15 minutes be sufficient, do you think, 16 or would you like more time?
17 MR. MC GURREN:
We can start with that and see how 18 we do.
MR. LAZO:
Why don't we start with that, and then gg 20 let us know.
We will be off her to the side.
21 All right, then, the prehearing conference is in 22 recess for 15 minutes.
Thank you.
(Brief recess.)
23
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24 MR. LAZ0s Will the prehearing conference come to 25 order, please.
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Now, who would like to respond?
U 2
MR. MC GURREN:
Let me start, Mr. Chairman.
The 3 parties have met during the recess and what we have agreed q
4 upon is meeting Tuesday and Wednesday of next week, the 9th 5 and 10th, in an effort to stipulate the language of the 6 contentions as best we can, and sign the stipulation and 7 file it by the end of next week with the Board.
8 Now, there most likely will be some contentions 9 that we cannot agree on, at least as far as being ones which 10 we f eel would be adequate for adjudication in this 11 proceeding, and for those we are going to file our position 12 statements by the 19th.
13 Now, I think the intervenor may want to make a 14 statement with regard to some of the contentions.
I am not 15 su re.
MS. HOURIHAN:
We would like to state that 16 17 Contentions No. 25, No. 27 and No. 19 we are all willing to throw those out.
18 MR. LAZO:
Would you repeat please?
- Nineteen, 19 25, and 27?
20 21 MS. HOURIHAN:
That is correct.
MR. LAZO:
They are withdrawn; that is correct?
22 MS. HOURIHAN That is correct.
23
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MR. LAZO We just have a few comments in looking 24 25 at these.
We had noted that there were a number of ALDERSON REPoR11NG COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2346
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1 contentions,$ hat might have been combined, and I don't know 2 if-you are taking this into account in your discussion.
f-]
3 MR. MC GURRENs We did discuss that, Mr. Chairman.
(_/
4 MR. LAZ0s All right, because we did notice, for 5 example, it might be very possible to combine contentions 2, 6 3 and 4.
It is possibly true with contentions 8 and 9, as 7 some of these relate to technical qualifications.
8 And I think we noted that Contention 18 is very 9 similar to Contention 26.
10 MR. COLE 4 Another one which you might want to 11 consider combining are numbers 10, 15 and 16, which are very 12 similar and they should be considered.
13 MS. HOURIHAN Excuse me.
Could you repeat that 14 plea se ?
15 MR. COLC Ten, 15 and 16 are very similar.
16 MS. HOURIHANs We are thinking tha t Nos. 2, 3, 4 17 and 11 could be combined, as well as 8, 9 and 10.
And we 18 also thought No. 26 should be combined.
MR. COLE:
What were the last numbers you gave.
19 MS. FOURIHAN:
Ihe last two were the same as you 20 g stated, 18 and 26.
MR. COLE:
Okay.
Fine.
Eleven seems to fit in 22 with 2, 3 and 4.
But I mentioned 10, 15 and 16 concern 23
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24 oper ator qualifica tions, and we want to take a look at that, 25 to resolve qualifications.
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32 1
MR. COLEa As we understand, No. 24, it doesn't
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2 address saf ety matters.
You may wish to consider whether it 3 should remain in issue, as we understand it.
O 4
MS. HOURIMANs I am more than willing to throw 5 that one out.
8 MR. COLE Thank you.
7 MR. LAZ0s Well then, as I understand it, the 8 partes will meet on the 9th and 10:h and attempt to file a g stipulation by the end of next week; and then let's see, the 10 end of next week, okay, and then on the 19th we will have 11 responses from the applicants and from the staff as to any 12 contentions upon which agreements cannot be reached?
13 MR. MC GURREN:
That is correct.
14 MR. LAZO:
The end of next week for the 15 stipulations, and that is Decembver 12th?
18 MR. MC GURREN:
That is correct.
17 MR. LAZ0s Now it would be useful if we talk a li+tle bit about schedule.
Most of the contentions are in 18 19 and agreed to by the parties first, and then we have to 20 consider the timing of the eviden tia ry hearing.
21 Could we ask you, Mr. McGurren, on behalf of the 22 staff, does the staff anticipate when the staff's safety 23 evaluation report and the staff's final environmental
()
24 statement would be published?
MR. MC GURREN:
Th e best estimates tha t we have at 25
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1 this point is that the SER will be published in February, 2 1982, and that the final environmental impact statement will 3 be published in December, 1981.
es
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4 MR. LAZO:
December '81 for the FES, and February 5 '82 for the SER?
6 MR. MC GURREN.
That is correct.
7 MR. LAZO:
Just about two months later.
Then the 8 earliest you are proposing that this proceeding could go to 9 evidentiary hearing would be the beginning of 1982?
10 MR. MC GURREN:- That is correct.
it MR. LAZO What is the status of construction of 12 Units 1, 2 and 3, Mr. Gehr,~could you tell us, as far as
~
13 percentage of completion, which unit it is, as far as Unit 1?
4 14 MR. GEHR:
Yes, they are going in sequential 15 number.
Unit 1 is first, 2 is second and Unit 3 is third.
16 Unit 1 is about 77 percent complete.
We anticipate that it 17 will be ready for fuel loading in November of 1982.
18 Our goal is to obtain an operating license by that date.
We believe that our estimate is well founded, and I 19 20 would have to be candid with you that the NRC staff believes 21 that it will be several months later than that, less than 22 six months, about six months later.
23 We expect to have another look at the progress
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that we are making on construction.
We think that we will 24 25 convince the staff that we are going to meet November,
'82.
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1 Th in king of evidentiary hearings, we are a little 2 surprised at the date they have for the FES, because it was the last I had h ea rd -- tha t the 3 our understanding that
[}
4 draft environmental statement would be out this May, May or 5 June, and I was surprised that it would take six months to 8 produce the final after the draft; however, whatever it is, 7 we also note that the safety evaluation report will probably 8 be pacing and may if it comes out on their schedule of 9 February
'82, at that point we go to the ACRS, and there is 10 probably another supplement after the ACRS review.
11 We have or probably are thinking of -- we have to 12 add six weeks to the Feb rua ry '82 for that ACRS review, some 13 kind of a hearing then cannot start until May of '82 on the O
14 saf ety issues.
There may be an additional supplement coming 15 out even during the course of the hearing.
16 MR. LAZO:
Well, that looks it might impact on 17 your fuel loading.
18 MR. GEHR:
Yes, it would, and in order to jg f acilitate that and at least minimize the load on the Board 20 and the parties in preparino for hearings, we probably will 21 suggest and urge that we have separate hearings on 22 environmental issues, get those resolved and behind us, and 23 any appeals resolved on those, if there are appeals.
l
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So that the problems left on the safety side are 24 25 at least the little problems that the burden of the Board (b
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I has will be minimized.
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2 MR. CALLIHAN:
Mr. McGurren, do you have a date 3 for the draf t environment im pact statement f rom staff ?
)
4 MR. MC GURREN:
Dr. Callihan, no, I do not.
Mr.
5 Gehr said it was indicated by I take it the project manager?
6 MR. GEHR:
It has been so long I would hesitate to 7 say what my source is.
8 MB. MC GURREN s I don't have that date.
9 MR. GEHR:
But that is the date that -- the work 10 on the DEIS is proceeding, of course, and it is my 11 understanding it has been contracted out to Argon, and that 12.is the da te tha t they have scheduled.
13 MR. LAZOs Well, of course, these two staff 14 documents are very important items.
15 MR. GEHR:
Absolutely.
16 MR-LAZO:
And must be published and available for 17 review before any hearings could go forward.
If they are 18 likely to be separated by six months or more in the 39 publication, then we agree with you, Mr. Gehr, it would be 20 reasonable to hold a separate hearing on the environmental 21 phase, and then go forward later if indeed the SER 22 supplement is published six months later, and have a health 23 and safety hearing at that time.
There is no problem in
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24 breaking the hearing into two phases.
25 Ms. Hourihan?
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36 t
MS. HOURIHAN:
I would like to point out that a q}
2 letter was sent out by the NRC on July 11th of 1190 to all 3 applicants for operating licenses and construction permit 4 holders, and there is a chart, and this brings up some 5 questions that I have about that chart.
I wonder if these could be explained to me.
o 7
The last plant that is discussed in this letter is 8 the Palo Verde plant.
9 MR. LAZ0s What is the date of that letter, and 10 the addressees?
MS. HC RIHAN:
Okay.
This was sent to me by a 11 12 group in Texas who are intervening, last summer, after they 13 received it.
I guess they got it from their library, Gle.n -
14 Rose people who are building the plant there, in Austin 15 Iexas.
It is addressed to All Applicants for Operating 16 Licenses and Construction Permit Holders, July 11, 1980, and 17 it is from Darrell G. Eisenhunt, who is the Director of the 18 Division of Licensing Office, NRC.
And it is time line to 19 all of the plants in the country today that are looking for 20 operating or construction permits, and what they have listed 21 for Palo Verde is that the SER will be out in 5-82; the ACES 22 will be out in 6-82; the SER Supplement will be out in 7-82, the DES will be out in 7-81; the FES in 12-81, and then this 23
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24 the part that I had questions about, and that is, th a t it i
25 has a heading, Start of Hearing and Completion of Mearing, O
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37 1 and then it as the Construction Hearings and the Completion G("N 2 and the Start, and then it has the Operating License 3 hearings.
And then the very last one is, of course, 4 Operating Licence Issue.
5 And my question is, how can the NRC put out a 6 letter which states that in 1-82, you know, January of 82, 7 the operating license will be issued?
It is just hard for o se to look at when here I am fighting the operating license, 9 here I receive this thing in the mail, and it states that on 10 that date they will get their opera ting license.
And I 11 wonder where the NRC comes up with these figures and where 12 does that leave us?
13 MR. MC GURREN Well, we don't, by having 14 something like that in a letter, indicate that the license 15 is going to be issued, regardless.
I think what they have 16 done, they are showing what would happen if the Board found 17 that the evidence indicated that a license should issue, 18 would that license be issued, and I think they are going on 19 past experience of how long it takes a proceeding to run, 20 how long it takes for findings and appeals to be filed, and 21 based upon that they are saying what it would be if the 22 Board found that a license should issue.
MS. HOURIHANs Thank you.
23
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24 MR. LAZ0s Again, what is the date that they have 25 proposed as an estimate for the issuance of the operating O
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1 license?
2 MS. HOURIHAN:
12-82.
3 MR. LAZOs 12-82.
Well then, I agree with Mr.
4 McGurren that is what they ar e doing, saying that if it went 5 that way, the final facing item would be the staf f 's saf ety 6 evaluation report supplement, and that in approximtely.ix 7 motnhs thereaf ter the hearings would be complete, but of 8 course those are all estimates.and th ey are about as valid g as any we get from crystal balls, I suppose.
10 MR. GEHRs The applicant has every hope that the 11 schedule that she has read to us can and will be improved.
4 J
12 Our Palo Verde project is a very excellent projects it has 13 been going along right on schedule and is proceeding and
)
14 passing up other projects in the normal progression of 15 things, and we intend to keep this record going, and we have 16 confidence that the SER can be published not in May but in 17 February of
'82.
18 However, even advancing to that date, and if we 19 can we will advance it to even better than that, and we are l
20 going to be trying to gat this thing resolved, but even if i
21 it comes up in February, I think it is clear that the 22 current rules for stays, appeals and so on, of allowing only 23 nine months for the total hearing / appeal / review process,
(')
24 plus ACRS, which is involved here, is an extremely tigha 25 schedule.
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MR. LAZO Yes, we are reluctant to see that come
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2 about, because 2: would put presure on everyone to hurry 3 along, and these are important matters to not be hurried.
4 Anytime the Licensing Board has attempted to put pressure on 5 the staff, we have been advised that the staff could only do 6 its work in an ordery fashion and get it complete based upon 7 their own schedules, and usually the staff complains that 8 the reason the cannot move these things forward is that the g applicants are slow to give the staff the information that 10 the staff needs to prepare those doccaents.
11 So if you do indeed plan to try to move the dates 12 back a little bit so they will not impact with your fuel 13 loading of Unit 1, assuming that a favorable decision is 14 reached, then I think you should work with the staff to be 15 sure that they get all the information they need.
16 MR. GEHR:
We agree, Mr. Lazo.
We beleive we had 17 a remarkable record on the construction permit.
We met 18 every schedule on every date that the staff gave us; we will do that or better this time.
19 MR. LAZO Fair enough.
20 21 The only thing remaining form the Board's point of 22 view, as we indicated earlier, Ms. Hourihan, some of the 23 ref erences are very dif ficult to read in the supplement that
()
24 you - ha ve filed.
I am just wondering though if it is 25 worthwhile to go through those now, or since you are going O
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40 1 to file a new set of stipulated cor.tentions, hopefully,
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2 perhaps we would be better off just wait.
3 MS. HOURIHAN Are you referring to Contention 11, 4,because that has two pages of references.
Is that the 5 contention that you --
6 MR. CALLIHAN The reference is Contention P, 7 Chapter 10, page 50.
8 MS. HOURIHAN:
That is the wrong statute but the 9 applicant's attorney knows what I am talking about, and the 10 NRC knows what statute I am talking about.
I know it, but I 11 wrote it down wrong, and I apologize.
12 MR. CALLIHAN Tell the Board what statute you are 13 talking about.
14 MS. HOURIHAN:
Do you have that number, offhand?
15 MR. GEHR:
She is talking about the Atomic Energy 16 Act, and the requirement that the applicant be financially 17 qualit;ed.
18 MR. MC GURREN:
Dr. Callihan, I can give you some 19 regulation references.
Now, this is, of course, my 20 interpretation, but the appropriate regulation would be 5033(f) snd Appendix C, also possibly 5057(a )(4).
21 MR. COLE:
What about No. 16.
22 MR. CALLIHAN:
No. 27?
23
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MR. GEHR:
Twenty-seven has been withdrawn.
24 3
MR. CALLIHAN:
Thank you.
I stand corrected.
25 O
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41 a
1 MR. COLE Ms. Hourihan, the list that we have of
)
2 references following Contention No.
4, which would be page 9 3 in my numbering system, it is almost illegible.
The first O
4 one is really the Heidleberg Report,which is probably your l
5 most important reference there.
8 MS. HOURIHANs That is true.
7 MR. COLES So that is not a problem.
8 MS. HOURIHANs Would you like me to tell you what g the rest of the references are?
No. 2 is U.S. NRC 10 Regulatory. Guide No. 1.109, 1976.
11 MR. COLE:
Okay.
12 MS. HOURIHANs With 10(c) in Part 50, 'opendix 1.
13 MR. CALLIHAN4 Appendix I?
)
14 MS. HOURIHAN:
"I"; and No. 3 is APS Environmental 15 Report OL Stage, Volume 4,
Sec.
5, Appendix 5, B-4.
16 Number 4 is from the Washington Post, November 11, 17 1979, by D. Brookenfeld.
18 Number 5 is from Environmental Research, Vol. 17,
19 1978, pages 437-452, by C.T. Gargen, Jr.
Number 5 is International Atomic Energy 20 21 Ag en cy -S M -2 3 7/17, by W. Bruling, 3. Frank and D. Tiefel.
MR. CALLIHANs Is this reference No.
6.
That is 22
,23 al so N o.
1 is it?
()
MS. HOURIHAN:
No, it is not.
We have it here, if 24 25 you would like to see it.
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42
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1 MR. CALLIHAN Same. authors though ?
2 MS. HOURIHANs Same authors, a different article.
3 MB. COLE:
And what was the date of Reference 67 4
MS. HOURIHAN Oh, boy, I don't have a date for 5 No.
6.
The date isn't listed in the article.
It would have 6 to be after
'78, because the references in the article are 7 around '77 and
'78.
8 MR. CALLIHAN What is the final entry in the 9 title of that reference?
10 MS. HOURIHANs B-12, Transfer of Organically Bound 11 Radionuclear Food Chains to Man.
Model, Example of 12 Radiocobalt and Vitamin B-12.
13 I believe the identification of No. 6, 14 International Atomic Energy Agency, is IAEA, the same 15 numbers as I gave you before.
16 MR. COLE:
M s. Hourihan, on the sixth page, which 37 is your reference following Attention s, the last one on the 18 page, an article by lawson, could I get the rsference there, in Science.
That is the page that starts with Assess the 19 20 Transport of, reference at the bottom of that page.
21 MS. HOURIHAN It is the Plutonium in Drinking Water?
22 MR. COLE:
Effects of Chlorination.
23
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MS HOURIHAN:
It is Science, Vol 201, September 24 25 15, 1978, pages 1008-1009.
We have a copy of that here also.
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43 1
MR. COLE:
Thank you.
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2 MR. LAZO:
Well, are there any other matters that 3 we may properly address here today before. we adjourn ?
4 MS. HOURIHANs I have a question.
5 MR. LAZOs Please proceed.
6 MS. HOURIHANs I was wondering about the 7 proceedings as f ar as the fuel loading is concerned.
Does 8 the applicant -- say that the hearings are going and the 9 license has not been pe rmi tted, and their time line is down 10 where they, now have to load the fuel, they don 't have the 11 right to load the fuel until they have a license.
So do 12 they have the right to have fuel on site prior to receiving 13 the operating license, or is that against the --
14 MR. LAZO:
As far as loading fuel is concerned, 15 they will have to have a license.
If a full-term operating 16 license has been issued, then that would permit them to load 17 fuel.
If these hearings are not complete, and no full-term 18 operating license has been issued, they could not load fuel, 19 but would be able to apply for a fuel loading and low-power 20 testing license, if they so desire.
21
.If there are issues outstanding, which relate to 22 findings which have to be made before a low power testing 23 license could be issued, then those issues would have to be
()
24 resolved bef ore any low-power fuel loading and low-power testing license could be issued.
25 ALDERSON REPORTING COMPANY. INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2346
44 r-1 As for bringing fresh fuel onto the site, I don't b) 2 believe that they have to have a license to do that.
3 Mr. Gehr?
4 MR. GEHRs We do not need an operating license to 5 do that.
We would probably need a special --
6 MR. MC GURRENs That is what we understand.
7 MS. HOURIHAN:
Thank you.
8 MR. LAZO:
Are there any other matters?
9 MS. HOURIHAN:
When do you think the hearings will 10 start?
11 MR. LAZO:
Well, issuming that discovery can be 12 completed in a timely f ashion, the hearings normally would 13 start within about four weeks, four to six weeks perhaps, 14 af te r the two principal staff documents are issued; when the 15 final,, environmental statement has been published, we can 16 then establish a hea ring date, to have an evidentiary 17 hearing, all of the environmental issues, whatever they are.
18 After the supplement to the staff's safety and 39 evaluation report, which would reference the Advisory Committee on Reactor Safeguards
- 1etter, the ACRS letter, 20 21 the same thing is true The hearings on health and safety, 22 financial qualifications, tecnical qualifications, could be 23 heard following the issuance Of that document.
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24 Now, we have heard various estimates today as to 25 when those documents will be publishd, and the hope that O
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
u5 1 they may be accelerated; but roughly four to six weeks after
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2 the two principal staff documents come out.
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MS. HOURIHAN:
And how much notice will we have as J
4 to when those documents are to be published?
Will someone 5 contact us and say, "Well, they are on the way, or it looks 6 like they will be published a t such an such a time"?
7 MD. LAZO:
They will be served upon all of the 8 parties in this proceeding as soon as they have been issued, g and assuming we know your address by that time.
10 MS. HOURIHAN:
I have a real one now; I am not 11 kidding.
12 MR. LAZO:
You were going to read it to us.
13 (General laughter.)
14 MS. HOURIHAN:
I don't know if I want to say it in 15 the open or not.
16 MR. LAZO:
Seriously, we do have to have a mailing 17 address.
18 MS. HOURIHAN:
I de have one, and I will be there for the next few years.
39 MR. LAZO Very well, would you then file a 20 21 document with the Board MS. HOURIHAN':
Yes.
22 MR. LAZ0s telling where papers should be filed?
23
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MS. HOURIHAN Yes, I will.
24 MR. LAZO:
And, of course, that will be served on 25 ALDERSON REPORTING COMPANY,INC.
400 VIRGINIA AVE., S.W, WASHINGTON, D.C. 20024 (202) 554-2345
l i
46 I
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1 other parties to the procedure.
2 As to Mr. Shuey, we lef t you, I think, with the 3 understanding that if if you want to file a late petiton,
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4 you are certainly entitled to, but I did want to be sure i
5 though that you understand that if you simply wish to assist 6 Ms. Hourihan, and she is willing to have you sit at counsel 7 table with her during the hea ring, that we would have no 8 objection to you offering your assistance, and being present.
9 This would be true also of any of your witnesses, 10 your technical people who you would propose to put on when 11 you put on testimony, that they could sit in and advise you 12 at the counsel table.
13 As far as the filing of documents is concerned, I 14 want you to please look carefully at the procedural 15 assistance paper that Mr. McGurren is going to provide f or 16 yo u, and in terms of filino of documents it is very 37 important that every party to the proceeding, in industry, 18 the three judges who are going to make the decision in this 19 proceeding receive a copy of every paper that is exchanged.
Under that procedural assistance provision, there 20 21 will be some documents that you will not have to serve on 22 all the parties.
You can file them with the Public Document 23 Room and they will serve them for you, which will save you
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24 some expense.
But anything that is filed must be served on 25 each of the parties and each of the Licensing Board members.
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_l ALDER 8oN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 564 2345
47
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Er. McGurren, is there anything else that we can V
2 cover?
3 MR. MC GURREN:
I don't have anything to add.
4 MR. LAZO Mr. Gehr?
5 MR. GEHR:
No, I don't have anything to add.
I 6 see time working against us and I emplore the other parties 7 to meet the required time allowances.
I don't know just how 8 this program of copying and serving out of Washington papers 9 filed by the intervenor is going to impact on tir e schedules.
10 MR. LAZO It will have expired by the time we get 11 to hearing.
I remember it was a one-year program, an 12 experimental program that started when, July 25th, or 13 thereabouts?
14 MR. MC GURREN:
That would be my best estimate, 15 yes.
16 MR. LAZO We were wondering a little bit about 17 estabishing a discovery schedule, or whether that is 18 prem ature.
It is going to be a worthwhile thing to"do.
MR. GEHR:
Well, we might at least discuss it.
I 19 20 would hope that you would an ticipa te that there would be no 21 order immediately forthcoming from this special prehearing 22 conference until af ter the parties had filed a stipulation 23 and a staement of position as to contested contentions j ()
And in that time I think I would think and hope 24 that the Board would establish a discovery schedule, and I 25 lCE)
~
ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE, S.W., WASHINGTON D.C. 20024 (202) 554-2345
l 48 t see no reason why the interrogatories, written
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2 interrogatories, not be filed within two weeks after the 3 service of the Board's order.
[}
4 MR. MC GURRENs Mr. Chairman, this is something we 5 can discuss next week at our meeting with all the parties.
6 We might even be able to stipulate as to a discovery 7 schedule.
8 MR. LAZO:
Well, I think that would be helpful if g you can do that.
We do want to comment right now that you 10 al' should.be commended in your willingness to get together 11 and spend two days.
It surely will be time well spent and 12 make things a lot easier farther down the proceeding to go 13 forward with some dispatch.
Ms. Hourihan?
14 MS. HOURIHAN:
First of all, we will be more than 15 16 happy to have copies of documents that-you want to have 17 copies made in the Licensing Branch in Washington, we may do 18 that for Washingte.n service papers, but we would be more 19 than happy to drive down to your office and deliver you 20 copies.
In fact, I personally delivered you the first 21 petition.
MH. LAZO That is correct.
22 MS. HOURIHAN:
And we are aware that you are close 23 (h) 24 by.
But I do have a request, and that is, that after we 25 meet next week, and the Board and the NRC have their answers O
ALDERSoN REPORTING COMPANY,INC, 1
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i 49 1 on the 19),h filed, I request that we don't discovery or
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2 interrogatories or anything until af ter Christmas.
I am 3 going to be gone for two and a half or three weeks, and that 4 is the time I spend with my family, and it is only once a 5 year, and I really would not like that rushed, you know, to 6 have an interrogatory in two weeks during that time, and 7 could we say maybe the middle of January?
8 I just dan't want to leave today thinking that my g Christmas vacation is going down the tubes.
10 MR. LAZO:
You will have a term paper tomorrow.
11 MR. COLE:
The mails might handle that problem.
12 MR. LAZO I don't hear any objections from any of 13 the other two parties, so it seems that you will not have a 14 problem.
15 Very well, and again thank you for coming, and I 16 hope your meeting next week goes well, and we will expect to 17 receive your filing in a timely fashion, and we will attempt 18 to spend Christmas reading them.
We will move on in an expedited fashion and at 19 20 least get settled wha t the issues in this proceeding are 21 going to be, and in an orderly fashion.
If there are any discovery problems we do want to 22 23 encourage informal discovery process, and they can be used,
()
end to the extent that they can be used they should be used, 24 25 and if they are not working, then it may be necessary that j
j ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345
50 1 the Board get involved, but at this point we really don't 2 want to get involved in the proceedr'os except to help keep 3 it moving if it should bog down.
If there are objections to 4 discovery requests, or if there are protective orders 5 necessary, we will take care of that, but to the extent you 8 can do this yourselves, like reasonable ladies and -
7 gentlemen, get down to the meat of the controversy, please 8 do that, but if you can't, then we will help.
9 Well, then I think we have reached the end today.
10 Again, thank you for coming.
11 The prehearing conference is adjourned.
12 (Whereupon, at 12445 p.m.,
the prehearing 13 conf erence in the above-named matter was adjourned.)
O 14 15 18 17 18 19 20 I
21 22 23 24 25 O
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