ML19347F730
| ML19347F730 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 05/22/1981 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8105260145 | |
| Download: ML19347F730 (4) | |
Text
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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S0dTH CAROLINA ELECTRIC & GAS
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COMPANY
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'riAY OIS6fg 7 Virgil C. Summer Nuclear Station.
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NRC STAFF RESPONSE TO FAIRFIELD UNITED g
ACTION HOTION FOR CONTINUANCE g
INTRODUCTION On May 12, 1981, Intervenor Fi:irfield United Action (FUA) filed a motion for a continuance of the second hearing session in this proceeding, scheduled for July 13-24,1981 (if necessary), until the conclusion of rate hearings involving the Applicant scheduled to begin on July 13th.
In the alternative, FUA requests this Board to require the Applicant to elect either to participate in this NRC proceeding or the rate proceeding on July 13, but not both. The NRC Staff opposes'the notion for continuance.
DISCUSSION Before the admission of FUA as a party to this proceeding, a single evidentiary hearing session, to be held from June 22 - July 2,- 1981, was adopted by the original parties and the Board in a February 27, 1981 conference call. At the April 7-8, 1981 final prehearing conference, the BoarJ indicated that a second hearing session would be held between July 13-24, if necessary.
In its order granting the late intervention l
petition of FUA, the Board ruled that FUA must take the proceeding as it is.
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78.105260/ M 6-L
Partial Order Folloaing Prehearing Conference, dated April' 30,1981,.at 7.
In the Board's judgment, by virtue'of such a ruling, delay in the proceeding could be avoided. The present motion exemplifies the realistic prospect for delay and uncertainty which the Staff predicted, and which the Appeal Board has admonished againstM when this or any untimely interventian uetition is granted virtually on the eve of scheduled hearings.
Certainly, fundamental fairness mandates that any inconvenience which the' schedule of the proceeding nay place-on a late intervenor must be borne by such intevenor, not the other parties..
Judging from its late petition, FUA seems to have adequate membership to participate in both the present proceeding and state rate proceeding. l!iis Board is certainly without' jurisdiction to order the rescheduling of the rate proceeding. The NRC Staff cpposes any avoidable delay in this proceeding. However, in order to accomodate FUA, the Staff would be prepared, with the consent of the other parties, to litigate the FUA contentions at the beginning of the June 22 - July 2 hearing session. The Staff expects that adjudication of these issues can be completed well within that time period. The proceeding already shows signs of lengthening as the result of the admission of
_1] VEPC0 (North Anna, Units 1 and 2), ALAB-289, 2 NRC'395, 399 (1975).
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FUA with a second hearing session scheduled', and additional hearing-
. session (s) to be scheduled, 2/- if needed.
No further delays attributable Y
to late intervention should be tolerated.
- CONCLUSION
.In lignt of the above, the NRC Staff opposes FUA's-motion;for a continuance of. the proceeding.'
Respectfully submitted,
,k.L~ f.N Steven C. - Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 22nd day of May, 1981.
2/ Remainder of Order Following Fourth Prehearing Conference, dated May 13,1981, at 12.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter SOUTH CAROLINA ELECTRI'C &-GAS Docket No. 50-395 COMPANY
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Virgil C. Summer Nuclear Station, Unit 1 CERTIFICATE OF SERVICE I hereby certify that copies of NBC STAFF RESPONSE TO FAIRFIELD UNITED. ACTION MOTION FOR CONTINUANCE in the above-captioned proceeding have been served on.
the followir.g by deposit in the United States mail, first cless or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail rystem, this 22nd day of May, 1981.
Herbert Grcssman, Esq., Chairman Brett Allen Bursey Atomic Safety and Licensing Board Panel Route 1, Box 93-C' U.S. Nuclear Regulatory Commission Little Mountain, South Carolina 29076 Washington, D.C.
20555
- Joseph B. Knotts, Jr.
Dr. Frank F. Hooper Debevoise & Liberman School of Natural Resources 1200 Seventeenth Street, N.W.
University of Michigan Washington, D.C.
20036 Ann Arbor, Michigan 48109 Randolph R. Mahan, Esq.
Mr. Gustave A. Linenberger S.C. Electric & Gas Company Atomic Safety and Licensing Board Panel P.O. Box 764 U.S. Nuclear Regulatory Commission Columbia, S.C.
29218 Washington, D.C.
20555
- Atomic Safety and Licensing Board George Fischer, Esq.
Panel l
Vice President and General Counsel U.S. Nuclear Regulatory Commission South Carolina Electric and Gas Washington, D.C.
20555
- Company P.O. Box 764 Atomic Safety and Licensing Appeal I
Columbia, South Carolina 29202 Panel U.S. Nuclear Regulatory Commission Richard P. Wilson, Esq.
Washington, D.C.
20555
- Assistant Attorney General l
S.C. Attorney Genercl's Office Docketing and Service Section P.O. Box 11549 Office of the Secretary Columbia, South Carolina 29211 U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Mr. John Ruoff P.O. Box 96 Jenkinsville, S.C.
29065 v
Steven C. Goldberg Counsel for NRC Staff
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