ML19351A701

Licensee Response to Intervenors Motion to Modify Hearing Schedule.* Licensee Maintains That Summary Disposition Should Be Granted & ASLB Should Dismiss Proceeding as Moot. W/Certificate of Svc

ML19351A701
Person / Time
Site:	Turkey Point
Issue date:	12/08/1989
From:	Frantz S FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Atomic Safety and Licensing Board Panel
References
CON-#489-9587 OLA-4, NUDOCS 8912260111
Download: ML19351A701 (6)

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'89 DIC -8 Pi2 :11 UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION BEFORE THE-ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of ) Docket Nos. 50-250 OLA-4

) 50-251 OLA-4 l FLORIDA POWER & LIGHT COMPANY )

)

(Turkey Point PAant, )

s. (Units 3 and 4) ) (P/T Limits)

)

LICENSEE'S RESPONSE ~TO INTERVENORS' MOTION TO MODIF1 HEARIMG SCHEDULE On December 4, 1989, the Intervenors' filed "Intervenors' Motion To Modify Hearing Schedule" ("Intervenors' .j Motion"). The Licensee hereby files its response to Intervenors' Motion.

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Intervenors' Motion states that, until recently, they had been unable for financial reasons to retain Dr. George Sih as an expert witness, but now expect to be able to hire Dr. Sih.

However, Intervenors' Motion also states that Dr. Sih would only be available to testify during the period February 19 to March 2, 1990. Accordingly, Intervenors requested the Licensing Board to modify the hearing schedule to permit Dr. Sih to testify during this period.

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i-2 Initially, Licensee notes that its motion for summary disposition of Intervenors' contentions is still pending.1/ -For the reasons stated in motion for summary disposition and Licensee's reply to Intervenors' response to the motion,2/ -

. Licensee maintains that summary disposition should be granted and that the Board should' dismiss this proceeding. In such an event, I Intervenors' Motion would be moot, and the Board would not need to rule on the Motion.

If the Board decides to deny, in whole or part, Licensee's motion for summary disposition, the Licensee has no

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objection to modifying the hearing schedule to enable Dr. Sih to testify, provided that the Licensee is allowed the opportunity to depose Dr. Sih and provided that the date for filing written i

testimony is also modified. The Licensee would strenuously object-to being required to file written testimony and to proceed l to hearings without having the prior opportunity to depose Dr.

l-Sih.

Licensee's counsel has contacted Joette Lorion, who represents the Intervenors, to discuss this matter. Ms. Lorion 1

has expressed her agreement that the date for filing written testimony should be modified if the hearing date is modified.

However, for several days, Licensee and Intervenors have been 1/ " Licensee's Motion for Summary Disposition of Intervenors' Contentions" (September 11, 1989).

2/ " Licensee's Reply to Intervenors' Response to Licensee's Motion for Summary Disposition of Intervenors' Contentions" (November 6, 1989).

.%,r discussing procedural issues related to the deposition of Dr. Sih and have not been able to reach a final agreement on several issues, including:- 1) whether Intervenors will agree to the deposition of Dr. Sih, and 2) the timing on any deposition-of Dr.

Sih.(among other things, Dr. Sih's availability for deposition i appears to be extremely limited).

l In light of the above, the Licensee respectfully l suggests that the Licensing Board hold a conference call with the parties (including-the NRC Staff) early during the week of December 11, 1989, in order to resolve these issues. During this  !

conference call, the Licensee recommends that the Licensing Board make one or more of the following rulings:

1) If the Licensing Board is planning to grant Licensee's motion for summary disposition (or to grant that part of the motion pertaining to the issues discussed in-the letters by Dr. Sih attached to Intervenors' Motion), the Board should deny Intervenors ' Motion or rule that it is moot.

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2) If the Intervenors refuse to agree to the deposition of Dr. Sih, any testimony from Dr. Sih should be excluded from the hearings, the Board i

should deny Intervenors' Motion, and any hearings j should proceed based upon the existing schedule. l

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3) If the Intervenors agree to the deposition of Dr. ,

Sih (or if the Board issues-an order compelling-the deposition of Dr. Sih), the Licensing Board P

should grant Intervenors' Motion. In this regard and in an attempt to accommodate Intervenors' '

request that the hearing be held at a time when t

Dr. Sih is asserted to be available, the Licensee offers the following schedule for consideration by the Licensing Board and the parties:

Activity Esta Deposition of Dr. Sih On or Prior to February 2, 1990 i File Written Testimony February 12, 1990 of All Witnesses ,

Hearings February 27 to March 2, 1990 Respectfully sub tt d, Yh D i Steven P. Frantz l Harold F. Reis b Kenneth C. Manne Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 (202) 955-6600 Co-Counsel

-John T. Butler, Esq.

Steel Hector & Davis 4000 Southeast Financial Center i

Miami, Florida 33131-2398 L

Dated this 8th day of December 1989.

I' '.

UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION 89 OEC -8 R2:11 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OJC=

u:

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In the Matter of )

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FLORIDA POWER & LIGHT ) Docket Nos. 50-250 OLA - 4 COMPANY ) 50-251 OLA - 4

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(Turkey Point Plant, ) (P/T Limits)

Unit 3 and 4) )

)

CERTIFICATE OF SERVICE I hereby certify that a copy of " Licensee's Response To Intervenors' Motion To Modify Hearing Schedule" has buen served on the following by hand delivery on the date shown below.

B.-Paul Cotter, Esq., Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear' Regulatory Commission Washington, D.C. 20555 Hon. Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.- 20555 Hon. Jerry Harbour Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic. Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l Attention: Chief Docketing and Service Section  !

(Original plus two copies) l l

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Joette Lorion, Director

• Center for Nuclear Responsibility -

7210 Red Road #217 Miami, Florida 33143 Janice Moore Patricia A. Jehle Office of General Counsel-U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard Goddard **

U.S. Nuclear Regulatory Commission 101 Marietta St., N.W. #2900 Atlanta, Georgia 30323 John T. Butler

• l Steel, Hector & Davis 4000 Southeast Financial Center Miami, Florida 33131 Thomas J. Saporito, Jr.** l Executive Director, NEAP 1202 Sioux Street Jupiter,-Florida 33458 Dated this 8th day of November 1989.

,' a(Nef Steven P. Frantz t-Newman & Holtzinger, P.C. I 1615 L Street, N.W.

Suite 1000 Washington, D.C. 20036

• Deposited for Delivery by Federal Express t

• • Service by U.S. Mail l

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