ML19347D191

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Transcript of 810306 OL Hearing in Charlotte,Nc.Pp 3,973- 3,997
ML19347D191
Person / Time
Site: McGuire, Mcguire  
Issue date: 03/06/1981
From:
Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-OL, NUDOCS 8103110430
Download: ML19347D191 (26)


Text

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3/6/81 NRC 3

l 1

UUITED STATES OF AMERICA i

NUCLEAR REGULATORY COM21ISSION 2!

l BEFORE THE 3!

f ATOMIC SAFETY AND LICEMSING BOARD 1

4

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__________________x 5,

y In the Matter of:

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g DUKE POWER COMPANY 2

7l (William B. McGuire Nuclear Docket Nos. 50-369 j

Station, Units 1 and 2]

50-370 3

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Operating License Hearing d

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10 l l

l Charlotte-Mecklenburg County Library, 2

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.Torth Tryon Street, 3

i Charlotte, North Carolina, d

12 z5-Friday, 6 March 1981.

ed 13 E

The operating licehse hearing was convened, pursuant to E

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y recess, at 9:30 a.m.

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15,

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BEFORE:

16 3

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i BOARD MEMBERS:

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ROBERT M.

LAZO, Esq., Chairman s

18 (

Administrative Judge l

i Atomic Safety and Licensing Board Panel

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19 U.S. Nuclear Regulatory Commission 5

i Washington, D.C.

20555 20 l Ef2iETH A.

LUESKE, Ph.D.

21 !

Administrative Judce I

Atomic Safety and Licensing Board Panel 22l

'U.S. Nuclear Regulator-Commission Nashington, D. C.

20555 23

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BOARD MEMBERS (continued) :

2 l RICHARD F. COLE, Ph.D.

3l Administrative Judge j

Atomic Safety and Licensing Board Panel

~

U.S. Nuclear Regulatory Commission 4

Washington, D. C.

20555 I

y FOR THE NRC STAFF:

N E'

6 STEPHEN H.

LEWIS, Esq.

E i

EDWARD G. KETCHEN, Esq.

E 7

Office of the Executive Legal Director 6

United States Nuclear Regulatory Commission 8

20555 J

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FOR THE APPLICANT, DU'<E POWER COMPANY:

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h 10 l WILLIAM LARRY PORTER, Esq.

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Associate General Counsel II i Duke Power Company 422 S. Church Street 5.

I2 l Charlotte, N.

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28242 i

g 13 l J. MICHAEL MC GARRY, Esq.

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MALCOLM H.

PHILIPS, JR., Esq.

5 I4 I Debevoise & Liberman

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1200 Seventeenth Street, N.W.

b Washington, D.C.

20036 g

6' FOR THE INTERVENOR, CAROLINA ENVIRONMENTAL STUDY GROUP:

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5 JESSE L.

RILEY l

Carolina En"ironmental Study Group E

I 854 Henley Place 9

3 Charlotte, N. C.

28207 i

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SHELLEY BLUM, Esq.

Attorney at Law g;

1402 Vickers Avenue 22 j Durham, N. C.

27707 r

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FOR MECKLENSURG COUNTY:

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DR. JOHN M.

BARRY i

""vironmental Coordinator 3

Mecklenburg County i

l Department of Environmental Health 4

1200 Blythe Boulevard Charlotte, N.C.

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WITNESS:

DIRECT CROSS REDIRECT RECROSS 3

Intervenor:

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_P _R _O _C _E _E _D _I _N _G _S i

2i (9:32 a.m.)

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CHAIRMAN LAZO:

Will the hearing come to order, I

4' olease.

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Mr. Blum, are you ready to proceed?

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MR. BLUM:

Dr. Kello is here.

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7I Dr. Kello, will you be seated behind the j

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microphone, please -- or, actually, you might just remain d

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9l standing to be sworn.

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10 l Whereupon, 3

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II l JOHN EDWARD KELLO E

I 12 was called as a witness on behalf of Intervenor Carolina

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13 Environmental Study Group and, having been first duly sworn,

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5 14 was examined and testified as follows:

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DIRECT EXAMINATION

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I BY MR. BLUM:

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State your full name, sir.

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18 j John Edward Kello.

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How are you employed?

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I am an Assistant Professor of Psychology at 21 Davidson College.

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What is your highest academic degree?

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Ph.D.

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From where?

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A Duke University, i

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And did you have an area of specialty within 2,i psychology?

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In my graduate training, my special area was in i

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learning and memory; but since leaving graduate school and i

5l teaching at a liberal arts college, I have branched out in g

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several directions.

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G Do you have before you a copy of your Curriculum I

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Vitae?

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Yes, I do.

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And did you prepare the original of that z

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A Yes, I did, sir.

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G Is it true and accurate to the best of your

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A To the bes t of my knowledge, yes, sir.

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j 16 f MR. BLUM:

I would ask that the Curriculum e

p 17 i Vitae of Dr. John Edward Kello be bound into the record as x=

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if read.

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l9 l CHAIRMAd LAZO:

Are there any objections?

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l 20 i MR. MC GARRY:

No objections.

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MR. LEWIS:

No.

22 CHAIRMAN LAZO:

Very well.

The Reporter is so 23 instructed.

24 (The Curriculum Vitae of John Edward Kello, Ph.D.,

25.)

follcws:)

d ALDERSON REPORTING COMPANY, INC.

CURRICULC4 VITAE Na=e:

Jchn Edward Kello Address:

Depart =ent of Psychology Davidson College Davidson, North Carolina 28036 Born:

Septe=ber 12, 19h6, Norfolk, Virginia Marital Status:

2.

Married; e childn W Education:

Old Do= inion University, 196h-1968, B. S. in Psychology (1968)

Duke University, 1968-1973, M. A. (1970), Ph.D. (1973),

both in Psychology Honors and Sccieties:

Pour years full-tuition scholastic scholarships to Old De= inion University (196h-1968)

Participant in Undergraduate Honors Program in Psychology at Old Do= inion University (1966-1968)

Me=ter of Delta Phi Omega honorary scholastic fraternity (1967)

Graduated first in class, su==a cu= laude, fro: Old De= inion University (1968)

Four years full-tuition departmental fellowship at Duke University (1968-1972)

Awarded co=petitive Bio =edical Sciences Support Grants from Duke University for sum =er research (1969-1972)

Avsrded postdoctoral fellovship. Center for the Study of Aging and Hu=an Develop =ent, Duke University Medical Center (1973)

Awarded suc=er research grants from Davidson College, 1975-197T Associate Member Sigma Xi (1972)

Member A=erican Association for the Advance =ent of Science (1973)

Member A=erican Psycholegical Association (1971) t w-

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2-Me=ber Southeastern Psychological Association (1976)

Elected to ODK leadership and service society (1977)

Selected as an " Outstanding Young Man" of 1978 by Outstanding Young Men of A= erica (0YM)

E=plov=ent Ex :erience:

Psychology Assistant at Naval Safety Center, Norfolk, Virginia (1967-1968); hu=an factors research Teaching Assistant, Duke University, for courses in statistics, learning, and adaptive behavior (1968, 1970, 1971)

Tutor, Duke University, in junior-senior level tutorial in theoretical approaches to frustration (1971)

Postdoctoral Fellow, Center for the Study of Aging and Human Develo;=ent, Duke University Medical Center (1973-197h)

Visiting Lecturer in Psychology, North Carolina Central University (1973 and su==er,1974)

Instructor in Psychology, Davidson College (197h-1975),

Assistant Professor in Psychology (1975-Present) Tenured May,1979 Th9ses:

The control of respondingon cyclic fixed-interval schedules of reinforcement.

M. A. Thesis, Duke University, 1970 Observation of the behavior of rats running to revard and nenrevard in an alleyvay.

Ph.D. dissertation, Duke University, 1973 Papers:

Kello, J. E.

Free-opertat " frustration effects" reflect in-hibition by reinforce =en;.

Paper presented at Virginia Acade=y of Science, May 973, Williamsburg, Virginia.

(Abstract -in Virginia Journal of_ Science, vol. 2h. )

Kello, J. E.

The nature of competing behavior in the alleyvay situation. Paper presented at Division 3, American Psychological Association, August 1975, Chicago, Illinois Kello, J. E.

Properties of rats' neophobic response to un-familiar food. Paper presented at Division 6, American Psy-chological Assochtien, Septembar,1976, Washington, D. Cs Kello, J. E.

Taste-aversion learning with shoce UCS?

Paper accepted for presentation at South Easte.n Psychological Association, March, 1979, New Orleans, La.

Publications:

Kello, J. E.

The reinforce =ent-omission effect on fixed-interval schedules: Frustration or inhibition. Learning-and Motivation, 1972, li 138-147

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- Kello, J. E., Innis, U. K., and Staddon, J.E.R.

Eccentric stimuli on multiple fixed-interval schedules. Journal of_ the Experi= ental Analysis of, Behavior, 1975, 23, 233-240 Kello,. J.

E., and Staddon, J.E.R.

Control of long-interval perfor=ance on multiple fixed-interval schedules. Bulletin of the Psychonetic Society, 1974, h, 1 h Submittted for_ Review:

Kello, J. E. Te= poral inhibition on fixed-ratio schedules of reinforcement.

(Undergoing revision)

Severence, L.

J., and Kello, J. E.

Cerebral Lateralization of visual and verbal short-term memory.

(Undergoing revision)

Tp Freparation:

Kello, J. E.

Properties of rats' neophobic response to unfa=iliar food.

Kello, J. E.

Introduction to the Psychology of Learning.

Revievs:

Guest reviewer for Journal of Gerontology (1975-Present)

Grant reviewer for National Science Foundation (1976-Present)

Sessions Chaired:

Chaired paper session en Physiological Psychology at South-eastern Psychological Association meeting (1976)

Workshops Attended:

I was selected to participate in an NSF Chautauqua -- T/'pe Short Course in " Biological Bases of Adaptive Behavior and Intelligence" in Menphis, Tenn., Nov. 3 h,1977, and Feb. 27-28, 1978.

I was also selected to participate in the NSF Chautauqua -type short course in " Brain Science and Mechanisms of Consciousness" in Kala =azoo, Mich., Nov. 13-lh, 1978 and March 22-23, 1979 Areas of Research Interest and Experience:

The role of "ccmpeting responses" in the course of learning The distinction between verbal and spatial memory

' Biological constraints on learning; Functional differences between the two cerebral hemispheres Teaching Experience:

I have taught courses in' general psychology, experimental psychology, learning and conditioning (my specialty),

sensation and perception, physiological psychology, and a seminar in learning as an adaptive mechanism.

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h-I could in addition, confortably teach anical behavior, cc parative psychology, history and syste=s, and se:inars in aging and cerebral he=ispherie differences.

Also, I was selected to teach in the " July Experience:

1977, 1978, and 1979,a d %

Science" progra: at Davidson in This USF - funded progra: provided college. level exp'erience in science for a group of outstanding high school students.

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Co==ittee and Carrus Service:

Me:ber of the Advisory Council on linance, Personnel, and Development Me=ber of Scard of Directors of Radio Station WDAV (1974-1976)

Me:ber of Student Conduct Cou icil (1975-1977)

Me:ber of Public Speakers and Major Artist Series Co= ittee (1975-1977)

Me:ber of Review Board (1976-1978)

Fresh =an Advisor (1975-1978)-

Faculty Sponsor of the Davidson College Psychology Club (1975-1978)

Pre-ed Co::ittee Interviewer (1975)

Davidson College Acade ic Scholarship Interviewer (1976)

Screenin6 Interv.ever, N. C. Fellows (1976)

Me:ber of ad hoc Co-lttee to nc=inate "Who's Who" candidctes fro: Davidsc'n College (1977-1979)

Arranged annual :eeting of South Eastern Regional Farapsychological Association at Davidson College, Jan.1976

'Ad inistrative Experience:

I a now serving as Ca: pas Director of the Davidsen College North Carolina Fellcws Progra=, a leadership-development progra: for selected college students.

The progra: seeks to identify students wich exceptional potential for leader-ship in various areas of endeavor, and to foster the develop-cent of that potential through su :er internships, contact with local, co== unity, and national leaders, special se inars and workshops, and close association of individual fellows with other ce:bers of the progra=.

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. Since beco=ing a par: of the H. C. Fellows Program, I a=

interested in extending my research to analysis of the overall effectiveness of the program, and to exploring ways of en-harcing the progras.

In particular, I as interested in deter =ining the validity of the criteria by which fellows are selected. Thus, vill follov-up studies indeed shov that our fellows have been "nore successful" than non-fellow graduates?

Are they in fact the " leaders"'in their areas of professional co=petence?

'Inat, in fact, has the program done for its students?

References:

Dr. John D. Kelton, Chair =an, Department of Psychology, Davidson College, Davidson, North Carolina 28036 Dr. J. M. Se an, Vice-President for Academic Affairs, College of Charleston, Charleston, South Carolina 29h01 Dr. R. E. Til', Depart =ent of Psychology, Southern Methodist University, Dallas, Texas 75275 Dr. H. Gutt =an, Depart =ent of Psychology, Duke University, Durham, North Carolina 27706 f

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Dr. Kello, is there evidence in your discipline 1 i i

2 that stress directly affects the nervous system?

3i A

Yes.

There is a good bit of evidence, both in i

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5 kinds of stress, on the nervous system; and long-term 6 I effects, the effects of prolonged exposure to high levels l

7 of stress.

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What is the immediate effect of stress on the 9

nervous system?

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Drawing primarily on the work of Hans Seyle, who 11 )

is probably the best-known stress researcher in the world, 12 the immediate reaction of the body to stressful situations 13 is, the first stage of something he calls a " general i

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adaptation syndrome," the general adaptation to stress, 15 and that is the alarn reaction, the bodily defenses are l

16 mobilised.

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The endocrine system, especially the adrenal

.18 L glands, autonomic nervous system controlling the adrenal 19 glands, beccmes very active; the sympathetic branch of the i

20i autonomic nervous system dominates.

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mhe effect is adrenalin and related harmones are I

22 1 pumped into the blood stream, circulate throughout the body, t

23 the body is prepared for " fight or flight."

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bodily alarm reaction.

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A You mean how can it be triggered?

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Yes.

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A It can bo triggered -- one of the interesting, I

i 5 l and also frustrating things about Seyle's work on -- and 6l the reason he calls it the " general adaptation syndrome,"

7 his work on stress, is that virtually any sort of thing 8

that the organism reacts to as a stresser can trigger this 9

reaction:

crowding, a lot of animal research has been done 10 on overcrowding, crowded environments; a warning system 11 ;

going off, warning lights flashing in a cockpit; the wrong 12 word said by the wrong parson -- depending on how an i

13 individual reacts to stress, and what his cognitive set is, 14 what he is expecting.

A whole host of things can trigger i

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mild or strong versions of this alarm reaction, part of i

i 16 the general adaptation syndrome.

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What are the long-term effects of stress on the 18 nervous system?

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A Basically what you get with prolonged sympathetic 20!

arousal, prolonged activation of this general adaptation I

21 syndrome.

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There is one interpretation of all this called i

23 the " weak link theory" that says some bodily system that is 24l weaker than others begins to break foun.

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1 25 some point you may get ulceration of the stonach lining, ALDERSON REPORTING COMPANY. INC.

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I 1l L'ou may get hypertension, you may get heart attack, you may 1

2 get what in some animal research is called " spontaneous 3

death reaction," the critter just rolls over and capsizes; 4

migrane headaches; and a host of psychological symptoms 5l that are obviously connected up depend on nervous system i

6I control; dizziness, loss of concentration, anxiety attacks, 7

again a grab bag of stress disorders; " executive stress 8

syndrome" in the business world is a manifestation of this i

9 general adaptation syndrome, prolonged reaction to stress.

I 10 G

Is this something that should be taken into 11l account if a person works at a stressful job over a period 12 '

of years?

13 l A

In my judgment,'yes, clearly, and is more and more 14 i I think in the business community.

15 G

Are these nervous system effects you have 16 j described expressed in behavior?

l 17 l A

Yes, they will be expressed in behavior, both 18,

short-term and long-term kinds of things.

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And what behaviors would you expect to see?

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The behavioral expression, the subjective feelings 21 l and the behavioral expression that go along with the alarn 22 reaction to stress is something that we're all familiar 23 '

with, and we recognize ar a strong emotional response.

24 The heart pounds, the throat is dry, the muscles 25 tremble, and so on, when the sympathetic nervous system i

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when our adrenalin is high, which is another way of saying 2

when the sympathetic nervous system is dominant -- for 3

example, in the stress reacticn:

Muscles tremble, throat 4,

is dry.

Behaviorally there are a nunber of those sorts of 2

5 manifestations.

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IIave you also studied how people's value systems 5

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interfere with their performance?

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A Yes.

There are r; ally two kinds of things, two

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What you have here is the academic z

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20j apologize for the incompleteness -- I am currently, or II actually starting' Monday, on sabatical leave from the i

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a nanagement training firm.

24 So I do have scme interest in application of 25 my knowledge in psychology to the business world.

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years ago I worked for one year with the Navy in Norfolk, 2

Virjinia, in human factors' research, particularly in 3

cockpit design and aircraft safety.

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unresolved -- I don't know the status of the issue at this s

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point -- one of the major problems in aircraft safety was d

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10 but a kind of prevailing ethic among Navy pilots that Navy z=

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You don't 5

13 take yourself out of the game, even if you're not fe eling

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pilot is someone who can come in, get a half-hour's sleep,

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and go up and be fine.

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j stances did not have the same impact.

It was not the same o

i 20 value as being totuh and being able to' handle it.

21 Again as a consequence of the human factors' 22 '

study in aircraft mishaps and fatalities, for the data that s

23 I had from the period 1956 to 1968 as I recall, suggested 24 that one of the major issues was an attitude or value and 25 JWB-1 system issue.

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Q Do you think the potential value systems issues 2l ought to be taken into account in training and management of i

3l people who do technical operations?

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Yes.

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How ccn an individual maintain efficiency and g

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6l shat ness in a high stress situation, Doctor?

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I think that there are several sorts of things A

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individuals maintain peak efficiency in a high stress r

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selection program to take into account the individual's

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Not everyone is 5

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equally efficient in a high stress Ltuation.

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individuals who do quite well with a lot of heat, and there i

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18 background, mavbe even exposed te the se.me kind of technical E

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stress situations; so on selection, particular attention l

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ought to be paid at the very earliest stages to selection 1

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of individuals for high sensitivity positions.

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individual needs to know as much as he can about the

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Necessary, yes.

I 2l But not sufficient.

3l I think that training in some -- some human i

4 factors -- human resources development areas like stress 1

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i management and communications can be critical for an individual N

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I think that R

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7 the monitoring of an individual's performance and his feelings a

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about what he is doing, monitoring by supervisors, frequent J

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performance appraisals, frequent performance reviews, open o

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The job structure itself in terms of being 4

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sensitive to overtime individuals and having backup

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individuals to substitute for an individual.

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ethic, the prevailing value system in the organization has 5

18 an i= pact here.

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If.the organization encourages open communication n

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both ways, not just from supervisors on down but un up from 21!

the individual, on up to higher levels of management.

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com=unication allows the individual some sense of detachment, a

23l the ability to take himself out of the game if the heat is I

24j getting'too great.

If-the prevailing ethic is that even 3

I 25j with all your training,.you can't know everything.

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you won't have an answer, and you better ask and not just keep 2l quiet and pretend that you know.

If the prevailing ethic i

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4i likelihood is that even in a high stress situation, the 5l inevitable mishaps can be minimized.

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6; My attitude is that there is no such thing as a R

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7l fail-safe system.

Machines break down.

People break down.

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8 What you can do is cover, dc as much as you can to minimize d

i 9i the mishap that will occur, to be ready for them, to minimize 3

10 their occurrence because there is no such thing as a fail-safe E

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Do you have an opinion on whether it's necessary 5

13 for supervisors and trainers to be aware of reactions to j

14 stress and stressful situations?

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This may seem self-serving since I'm working in i

g 16 I the management training area; but just being as candid as I w

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can, yes, I think awareness is where it all begins, and I E

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M 18 l think that the more you understand about stress and how it can C

19 impact on people, the more you understand that here is a range A

20 of individual differences out there.

Not everyone approaches i

21 l situations exactly as you do.

The more aware you become 1

22 f of those factors, the better able you are to deal with them, 23 '

so I think that -- you know, I think for years a lot of 24 '

emphasis has been put throughout the business world on 25 technical training.

Training and development of your ALDERSON REPORTING COMPANY. INC.

f 3987 2R-B-4 1

employees meant reaching them computers, giving them technical 2

expertise.

I think the emphasis is shifting in the last ten 3

years in training of people in regard to motivation, stress.

i 4i Q

Thank you, Doctor Kello.

What is your s

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availability next week?

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I will be in New York City all of next week.

The R

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When will you return from New York?

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Tuesday night, the 17th.

Is it 16th?

17th?

Y 10 Whic' ever the 17th is.

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g 11 l JUDGE COLE:

Tuesday, the 17th.

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g 12 l THE WITNESS:

Tuesday, the 17th, in the evening E

13 I'll return.

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j 14 l MR. BLUM:

All right, e

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(Pause)

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16 ;

MR. BLUM:

Is there any -- That concludes my d

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I'm not sure how his Y

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It may be -- Let C

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3 20 '

That might be the easiest for the Board and the parties.

21l CHAIRMAN LAZO:

Well, it does raise some problems.

22 THE WITNESS:

I'm not sure I understand the issue.

23 MR. BLUM:

Well, the Board expects to be in f

24,

session next week and certainly wants to quit and close the i

25 record thereafter, and I'was suggesting that we might take ALDERSON REPORTING COMPANY. INC.

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3988 2R-B-5 11 your testimony without the members of the Board being i2' present in front of a court reporter -- the cross-examination.

3l That would be fine with us.

I 4 l CHAIRMAN LAZO:

Well, I suppose the Staff and i

lI Applicant have to decide what they want to do about this e

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liR. McGARRY:

We will get together sometime today 2;

or early Monday and work out some cnurse of action with resoect i

l to getting the cross-exanination of Dr. Kello on the record l

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and if the Board likewise has any ouestions and honefully we I

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can acconmodate our concerns sometime next week.

There are 5

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various procedures we will pursue that.

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CHAIR!iAN LAZO:

All right.

Why don't you and counsel s

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are able to reach.

At the moment there is jus t na way to 10 i resolve the issue.

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(Uitness Kello excused.)

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j 13 l MR. BLUli:

That concludes our testimony on Contentions S

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1 and~2.

I don't know at what point we will go forward wi th lj 15 ;

testinony on 3 and 4.

We have three subpoenas cendine and one

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CHAIRf1AN LAZO:

I an.sorry, one witness when?

E 18 f4R. Bluft:

Dr. Sternglass will testify on Contentions

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19 j 3 and 4 The last we heard last weekend was the 17th he would 20 be available.

21l (Pause.)

l 22 CHAIR!1All LAZO:

Well, tir. Ketchen, perhaps you coul d 23 '

advise the Board and the other' parties as to the order of 24 3 witnesses that you would see going forward and. the subject that i

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ALDERSON REPORTING COMPANY. INC.

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have provided us with a list of witnesses and I think the i

2i qualifications of mos t of those witnesses.

h 3i MR. KETCHUti:

Would you like that now or on Tuesday.

4 CHAIRMAN LAZ0:

I think we would like that now.

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f1R. KETCHEN:

I think we can give you a general 2

3 6,

response now.

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As ue understand it, you are plannino M

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8l to ha ve lir. Denwood Ross and Philip Benedeto.

d 9j MR. KETCHEN:

No, Mr. Berman.

l 10 l CHAIRf1AN LAZO:

Mr. Ross and Mr. Berman.

g 11 j MR. KETCHEN:

Mr. Bernan fi rs t.

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And those gentlemen, what is the 2i g

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subject on which they will te s ti fy ?

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Dr. Ross would be tes ti fying wi th E

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Mr. German basically in two areas.

fi r. Ross would give a E

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In addition, he would be wi th Mr. Berman E

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Mr. Ross will also give information P

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in response to the Board's questions about the status of the I

20 various contractual studies that are going on at the NRC staff 21 now and in the future.

22 I JUDGE COLE:

Relating to hydrogen mivigation?

23 '

MR. KETCHEN:

Right.

That is correct.

24 After that we would propose to go into a panel of i

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1, structural engineering part of that tes ti mony.

That will be 1

fir. Poke and possibly Dr. Grieman, fir. Benedeto, our decision 2l 3

is tentative as to whether we need to call him at all but we 4

did want to pass out his professional qualifications.

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So j ust to review that, it will be three panels, e

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panel of fir. Poke and Dr. Grieman.

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So that is two panels.

E 10 f1R. KETCHEft :

Three panels.

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May I inquire whether staff intends to d

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put forward a witness from Brookhaven flational Laboratories ?

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flo.

As I informed the Board and parties

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efforts on the hydrogen mitigation study area, includino 5-g 16 l Brookhaven, will be prepared to respond to the Dr.

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question and whatever questions the parties may have regarding 5

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21l JUDGE LUEBKE:

He were particularly interested in 22 updating the information.

I had noted that the report we were 23 '

looking at was dated in January and we are not in !1a rch and I 24 think we would like to know the current information.

1 25 '

f1R. BLUM:

I am sure that Pir. Ross can comment on ALDERSON REPORTING COMPANY. INC.

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what he asked people to do and what response he got from them 2

and what his opinion is I guess of what their work is, but I 3

am not sure he can comment on the work itself.

We will face i

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I think the re;ponse to that is that n

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requested to provide people, we will provide people.

He will n

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try the case as we see it at this point.

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i (Pause.)

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JUDGE LUESKE:

I would like to ask the staff what I

i day you would expect Dr. Ross to be commenting on the Brookhaven

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Report.

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Tuesday.

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MR. KETCHEN:

Tuesday.

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JUDGE LUEBKE:

The next cuestion is we found that we 16 !

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information from the authe

  • could he be here on short notice?

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MR. LEUIS:

Mr. Bari of Brookhaven, who is the leader 19 'i j

of the group that did that analysis has been advised of what 20 '

has transpired here and-I presune that if the Board felt the 21 '

i need to have a spokesman from Brookhaven we could do that.

22 Ii JUDGE LUECKE:

We could bring him in next week?

23 '

MR. LEUIS:

I don't know soecifically the answer to 24 that.

25 j

JUDGE LUEBKE:

-That is potential though.

j ALDERSON REPORTING COMPANY, INC.

3-5 3993 1

MR. cEWIS:

Yes.

2 CHAIRMAN LAZO:

You will recall, Mr. Lewis and 3

fir. Ketchen, that we had indicated that we were s trongly 4

desi rous of receiving a s tat.emen t from the s taff rega rding the e

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significance of these various Board notification ~ documents.

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f1R. LEWIS:

Dr. Ross ill be in a position to comment d

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in general.

He will prepare an oral direct testimony that will e

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5" put into context the various studies that are unde rway.

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officer for the Zion Indian Poi :t studies under which that E

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Brookhaven Report was real'y undertaken, is preparing a specific

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CHAIRMAN LAZO:

Who is that, please, sir?

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Dr. tieyer. He is not here now but he i

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20 !

i We are trying to have that response in writing, but if not we 21 will present it as supplemental oral direct at the time that 22 Dr. heyer takes the stand as part of the s taff panel.

23 I might say, Dr. Lazo, that while it is certainly 24 true that we did bring to the Board and parties ' attention as f

25 a Board notification item the Brookhaven Report, we have tried ALDERSON REPORTING COMPANY. INC.

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3-6 1 I to emphasize that it is one of a number of these types of 2 !

efforts going on.

He are indeed hopeful that its significance i

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context.

He inteno to put those adequately in context from our i

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point of view through Dr. Ross and Dr. tiey e r, n

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But we do intend to attempt to be able to e

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11 l JUDGE COLE:

But you are aware that the Board would 5

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2 15 MR. LEWIS:

When I say put in context I have in mind 5

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a fairly factual presentation.

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( Pa us e. )

18 CHAIRf1Atl LAZO:

Have counsel for all of the parties

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reached any agreement on the order of going forward?

Are we a

20 f planning to complete the staf f's direct case before we begin i

21; cross-examination of the psychologists?

i 22 h MR. KETCHEti:

We haven't reached ar. agreement outside 4

23 the hea ring 1 room but I think it has been talked about a coucle l

24 g of times and I think that is the understanding that the staff l

ti 25j would go -forward and complete its direct case and then we would l

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ALDERSON REPORTING COMPANY, INC.

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turn to the remaining CESG witnesses, the psychologists and 2 I the structural engineer.

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IIR. BLUtt:

I agree with one caveat.

I knos that 4

Davidson has completed its spring vacation but I don't know g

5 when Charlotte -- that is next week?

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VOICE: Hext week.

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fir. GLUti:

Towards the end of next week in any case.

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9 cross-examination of my witnesses at the end of next week.

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10 CHAIRf!Afl LAZO:

llouldn't it be more orderly to E

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complete the staff's direct case and then go forward with the m

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Yes, sir.

That is what I suggested.

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(Board conferring.)

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MR. BLUM:

I have no objection to that.

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CHAIRMAN LAZO:

Well, then, are there any other 4'

matters that we should address here this morning before s

5i adjourning?

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MR. BLUM:

Well, it might help with planning if R

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doing in rebuttal.

It might help te get my life straight

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II CHAIRMAN LAZO:

Mr. McGarry?

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I2 MR. MC GARRY:

It will depend on the -- of course

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  • Mr. Lanford.

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CHAIRMAN LAZO:

So you will discuss this with g

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2I I MR. MC GARRY:

Absolutely.

I 22 MR. LEWIS:

Dr. Lazo?

- 23 '

CHAIRMAN LAZO:

Yes, sir.

24 l MR. LEUIS:

If the Staff deternines after the i

25 cross-examination of the psychological witnesses and ALDERSON REPORTING COMPANY. INC.

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Mr. Lanford that it believes rebuttal for its part is 2 l necessary, we would make an appropriate motion to the 3

Board at that time to be permitted to introduce rebuttal I

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Yes.

We understand.

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Do we meet back here, Judge Lazo, R

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on Tuesday?

Al 8l CHAIRMAN LAZO:

That is the plan, to meet in d

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10 and to continue here all week, and possibly until the z

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i 14 l we are set to meet here.

2 15,

MR. BLUM:

The lighting in this rotm is dim.

y 16 CHAIRMAN LAZO:

I assume that there can be more A

6 17 i lighting.

I see a number of bulbs that are not burning, I

E 18 and it is most likely that only half of RP.e lights are on.

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It is not adequate right now, and we will see what we can n.

20 I do about that.

l 21 Very well, the hearing is rpressed until 9:30, 22,

March the 10th.

23 MR. MC GARRY:

Thank you.

24 l (Whereupon, at 10:30 a.m.

the hearing was recessed 25

.to reconvene at 9:30 a.m., March 10, 1981.)

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t ALDERSON REPORTING COMPANY. INC.

R NCCLEAR REGULATORY CO!'MISSICN This L3 Oc certify tha the attachec pr0ceecings ':efore the ATO'iIC 3AFETY AND LICENSING BCARD in the : tatter Of: Duxe Pcwer Company Date cf ?receeding : Friday, 6 :tarch 1981 Cocket Number:-

50-369-OL & 50-370-OL Place of ?receeding:

Charlotte, North Carolina were held as herein appears, and tha: this is the original transcript therecf for the file of the C:==ission.

[An g i

t C ft:Lai Reporter (Typed)

E W.

BEACH u

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Official Reper:er (3ignature)

RONALD GRAHAM 4

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Official Reporter MARY SIMONS 0

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