ML19347C337
| ML19347C337 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 10/15/1980 |
| From: | Black R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8010170343 | |
| Download: ML19347C337 (5) | |
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October 15, 1980 Charles Bechhoefer Esq., Chainnan Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Washington, D.C.
20555 In the Matter of Houston Lighting and Power Company et al.
(South Texas Project Units 1 anif 2T Docket Nos. 50-498 rnd 50-499 i
Dear Mr. Chairman:
i This is in response to the Board's Memorandum and Order of September 24, 1980, i
inviting comments from the parties with respect to what further steps should i
be taken in this proceeding to implement the instructions of the Commission as set forth in its Memorandum and Order, dated September 22,1980 (CLI-80-32).
NRC Staff Counsel has made numerous contacts with the parties concerning the Board's Memorandum and Order. Our discussions have centered around the need for further contentions in the QA/QC area, and discovery and hearing schedules.
It appears that these discussions have been fruitful and partial agreement has l
been reached regarding the expansion of admitted contentions and scheduling.
In light of the Applicant's letter to you dated October 6,1980 (letter from Jack R. Newman to The Honorable Charles Bechhoefer), which indicates that the Applicant intends to present " comprehensive testimony on the concerns of the i
l Board regarding technical qualifications which are reflected in the Board's Memo-randun and Order of September 24, 1980," the parties believe that an expansion j
of the presently admitted contentions is not necessary to comply with the Com-l mission's Memorandum and Order.
However, to ensure that all aspects of this important matter are presented and examined before the Licensing Board, the Staff proposes the following hearing procedures:
1.
The Applicant will file testimony and make a complete evidentiary presenta-l tion on QA/QC matters reflected in (a) Intervenors' Contentions 1 and 2, j
(b) the Notice of Violation and Order to Show Cause to Houston Lighting and Power (HL&P)datedApril 30, 1980, and (c) the Comission's Memorandum and Order, supra, which include the following:
l A.
Does HL&P have the necessary competence and character to operate the South Texas facility?
(1) Did HL&P abdicate too much responsibility to Brown and Root l
for the construction of the South Texas facility?
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2-(2) Did HL&P keep itself knowledgeable about necessary construction activities?
(3) Did HL&P make " material false statements" in its FSAR or other documents pertaining to its operating license application?
B.
Is HL&P's QA/QC program for the operation of South Texas sufficient?
C.
Is there reasonable assurance that the South Texas facility is con-structed to an acceptable level of quality and safety?
2.
The Applicant has the ultimate burden of proof with respect to the QA/QC issue, and should present its case first.
3.
The NRC Staff will file testimony and present witnesses who were responsi-ble for and participated in the investigation conducted by the NRC Region IV Office of Inspection and Enforcement. The NRC Staff will also present testimony on its review of the QA/QC program as reflected in the South Texas FSAR.
4.
Intervenors can present testimony and witnesses in support of their con-tentions and will be free to conduct cross-examination on any issue raised by direct testimony.
The above four items reflect the Staff's understandinp of a mutually agreeable way to proceed with the evidentiary hearing on the QA/QC issues based on our preliminary discussions with the parties.
However, since it does not represent a complete stipulation of the issues or the procedures, any party should be allowed to corrent on this proposal.
Insofar as a discovery schedule is con-cerned, it is the Staff's understanding that all parties do not contemplate a need for extensive further discovery but, in any event, discovery should be completed by Decenber 15, 1980. This discovery schedule would allow a pre-hearing conference in January,1981 which would establish the date for pre-filed testimony and a schedule for hearing. The Staff contemplates that hearings should commence around late-March, early-April,1981.
Finally, the Staff wishes to note the appearance of Edwin J. Reis and the withdrawal f Stephen M. Sohinki as NRC Staff Counsel in this proceeding (Notices of Appearance and Withdrawal attached). Mr. Bernard M. Bordenick will be assuming the role as lead attorney and all future telephone communi-cations should be directed to him at 301-492-8648.
In the absence of Mr. Bordenick, I can be reached at 301-492-7417.
Sincerely, lAwf Richard L. B ek Counsel for NRC Staff Attachments: As Stated cc: See Page 3
f i
3-l cc:
(w/ attachments)
Dr. James C. Lamb III Dr. Emmeth A. Luebke Melbert Schwarz, Jr., Esq.
Mr. Lanny Alan Sinkin Mrs. Peggy Buchorn Richard W. Lowerre. Esq.
Jack R. Newman, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Panel Docketing and Service Section l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOUSTON LIGHTING AND POWER COMPANY,
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Docket Nos. 50-498
-~ ~ET AL.
)
50-499
)
(South Texas Project, Units 1 and 2)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.
In accordance with 52.713,10 C.F.R. Part 2, the following information is provided:
Name
- Edwin J. Reis Address
- Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Telephone Number
- Area Code 301-492-7505 Admissions
- Court of Appeals for the State of New York District Court for the District of Columbia Name of Party
- NRC Staff U.S. Nuclear Regulatory Commission Washington, D.C.
20555 s
Edwin J. Rei Counsel fo NRC Staff Dated at Bethesda, Maryland this 15th day of October,1980
e,
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOUSTON LIGHTING AND POWER COMPANY,
)
Docket Nos. 50-498 E.1 A(.
)
50-499
)
(South Texas Project, Units 1 and 2)
)
NOTICE OF WITHDRAWAL l
Notice is hereby given that effective October 7,1980, I will withdraw my appearance in the above-captioned proceeding. All mail and service lists should be amended to delete my name after that date.
Y Stephen M. Schinki Counsel for NRC Staff Dated at Bethesda, Maryland this 15th day of October,1980 l
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