ML20002A245
| ML20002A245 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/03/1980 |
| From: | Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011050432 | |
| Download: ML20002A245 (6) | |
Text
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11/3/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE AT0filC SAFETY AND LICENSING BOARD In the Matter of
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TEXAS UTILITIES GENERATING COMPANY,
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Docket Nos. 50-445 li VS E &.
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50-446 jig
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ge (Comanche Peak Steam Electric
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{5 13 Station, Units 1 and 2)
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NRC STAFF ANSWER TO CASE'S MOTIONS U
- 1) FOR EXTENSION OF TIME TO SUPPLEMENT RESPONSE TO APPLICANTS' MOTION TO COMPEL AND 2) TO OBTAIN NRC ISSUANCES I.
INTRODUCTION On October 14, 1980, CASE (Citizens Association For Sound Energy) filed
" CASE's Motion For Extension of Time to Supplement Response to Applicants' Motion to Compel; And Motion For Providing NRC Issuances" (hereafter " CASE's Motions").
In these motions, CASE seeks an order from the Atomic Safety and Licensing Board (the Board) which would 1) grant CASE an extension of time of ten (10) days after CASE receives the specific items it has requested from the NRC Public Document Room (PDR) in which to supplement its response to Applicants' Motion to CompelM and 2) provide the 1978, 1979 and 1980 NRC Issuances to the mini-local public document room (LPDR) at the Uni-versity of Texas at Arlington (UTA) library.
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See " CASE's Response to Applicants' Motion to Compel and Motion for Pro-tection", dated October 2, 1980.
On October 22, 1980, the NRC filed "NRC Staff Answer to CASE's Motion For Protection".
2f CASE is referring to the " Nuclear Regulatory Commission Issuances," which include the issuances during a specified period from the Commission (CLI),
the Atomic Safety and Licensing Appeal Boards (ALAB), the Atomic Safety 1
and Licensing Boards (LBP), and Administrative Law Judge.
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As stated helow, because of the particular circumstances described by CASE, the NRC Staff supports CASE's motion for an extension of time to supplement its response to Applicants' Motion to Compel.
No action on the part of the Board is required with respect to CASE's motion requesting that the Board have copies of the NRC Issuances placed in the UTA library, since the Staff, in response to CASE's inquiries, has arranged to have the 1978, 1979 and 1980 NRC Issuances transmitted to the UTA " mini-LPDR".
II. DISCUSSION A.
The Board Should Grant CASE's Request for an Extension of Time CASE seeks an extension of time of ten (10) days after receipt of the items it has requested from the NRC PDR in which to supplement its response to Applicants' Motion to Compel.
In support of its motion, CASE cites its inability to locate the decisions from NRC Issuances which are cited in Applicants' Motion to Compel. According to CASE's motion, as soon as it received Applicants' motion to compel, it attempted to locate and review these decisions, but has not been able to locate these decisions in nine libraries in Texas or at the NRC Region IV offices in Arlington.
CASE states "there apparently is not available anywhere in this area the ASLB and Appeal Board decisions (NRC Issuances) for the years 1978 and 1979 and nothing available for 1980 after June and only Indexes for January and Februa ry. " CASE's Motions, at 1.
CASE states that it therefore requested that the NRC PDR send it, at its expense, copies of the particular decisions e
i from NRC Issuances which it seeks to review.
_Id., at 2.
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The NRC Staff supports CASE's request for an extension of time in which to supplement its response to Applicants' Motion to Compel, in view of the particular circumstances outlined by CASE in its motion.
CASE's notion indicates that it has made diligent efforts to locate the NRC Issuances which contain decisions cited by Applicants in Applicants' Motion to Compel.
It is entirely reasonable for CASE to seek to obtain and review such deci-sions before fully responding to Applicants' Motion to Compel.
In support-ing CASE's request for an extension of time to supplement its answer to Applicants' motion, the NRC Staff recognizes that there are no provisions in the NRC Rules of Practice in 10 CFR Part 2 for filing such a supplement.
Nevertheless, the Staff believes that such a one-time extension of time for CASE to supplement its answer would be appropriate and would not appear to prejudice any of the other parties, since answers are not called for from them to CASE's answer to Applicants' Motion to Compel. Accordingly, the Staff urges that the Board grant CASE's request for an extension of time.O 3/
The Staff, however, interprets 10 CFR 5 2.711 to provide that the time for filing answers to motions in NRC licensing proceedings may be extended for good cause shown.
A motion for an extension of time should be made prior to the expiration of the time which is sought to be extended.
Kansas Gas and Electric Company (Wolf Creek Generating Station, Unit No.1), ALAB-424, 6 NRC 122,125 (1977).
Thus, CASE's motion for an extension of time should have been filed prior to the date its answer to Applicants' Motion to Compel was due. M.
- However, as a pro g intervenor, CASE may not have realized the importance of taking this action.
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Since copies of all the decisions CASE requested from the NRC PDR were sent to CASE by October 31, 1980, the Staff would support an extension of time until November 17, 1980, for CASE to supplement its answer.
This date is computed by providing 1) five (5) days for mailing, so o-that the date of receipt is November 5,1980, and 2) the ten (10) day extension of time from the date of receipt sought by CASE, which results in a filing date of November 15; however, since that date is a Saturday, the filing date becomes Monday, November 17, 1980, 10 CFR 5 2.710.
4 B.
No Action By The Board Is Required With Respect to CASE's Motion Requesting That 1978, 1979 and 1980 NRC Issuances Be Provided to The " Mini-LPDR" at UTA In CASE's " Motion for Providing NRC Issuances", CASE requests that the Board "have copies of the 1978, 1979 and 1980 NRC Issuances (as they become avail-able) made available at the University of Texas at Arlington library mini-publicdocumentrooms".E See CASE's Motion, at 2.
According to CASE, "this would provide access not only to CASE but to all other Intervenors as well".
ld.,at2.
d In response to CASE's telephone inquiries of Staff counsel regarding CASE's efforts to obtain the 1978, 1979 and 1980 NRC Issuances,E Staff counsel contacted the Chief of the NRC Local Public Document Room (LPDR) Branch.
According to the Chief of the LPDR Branch, the LPDR Branch is implementing a program to provide NRC Issuances and AEC Reports to selected LPDRs to support the hearing process. With the assistance of the Office of the Executive Legal Director and the Atomic Safety and Licensing Board Panel, the LPDR Branch has identified twenty LPDRs, including the Comanche Peak LPDR at Glen Rose, Texas, as having an immediate need for the NRC Issuances and AEC Reports. These LPDRs will be provided with microfiche sets of the AEC 5_/
The facility at UTA is not an official local public document room. Rather, it is a mini-local public document room, set up on a temporary basis for the public's convenience and contains only selected documents, e.g., Final Safety Analysis Report, Environmental Report and amendments and Inspection and Enforcement reports.
The official local public document room estab-
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lished for the Comanche Peak facility is located in Glen Rose, Texas.
jf CASE stated that the UTA library has other editions of NRC Issuances.
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Reports (0.ctober 8,1%6 to January 18,1975) and the NRC Issuances (Jan-uary 19, 1975 to cecember 1979) with appropriate indices.
Copies of the recent sof tbound NRC Issuances have also been ordered for these LPDRs.
In addition, portable microfiche readars will be provided, on a loan basis, to those LPDRs that do not have microfiche equipment.
Thus, tN NRC Issuances will be provided, by microfiche, to the official LPDR for Comanche Peak, which is located at Glen Rose.
However, in view of the immediate need identified by CASE for the 1978, 1979 and 1980 NRC Issuances, the LPDR Branch will obtain and provide those editions of the NRC Issuances to the "nini-LPDR" at the UTA library.1 (See copy of attached letter from the Chief, LPDR Br'nch to the UTA librarian). Accordingly, no action on the part of the Board is required with respect to this motion.
III.
CONCLUSION Based on the foregoing, 1) the Staff supports an extension of time until November 17, 1980, for CASE to supplement its answer to Applicants' Motion to Compel (see footnote 4) and 2) no action is required by the Board with 1/
These documents will be provided to the " mini-LPDR" at UTA, in Arlington, Texas, rather than to the official LPDR in Glen Rose because of CASE's specific request and the convenience of other parties as well.
(In response to the requests of another intervenor in this proceeding, the Staff has had copies of the transcripts of the Pay 22, 1979 and April 30, 1980 prehearing conferences placed in the " mini-LPDR" at UTA).
- respect to" CASE's motion to have NRC Issuances provided to the library at UTA.-
Respectfully submitted,
/lla}4 w Ul m b E M I
Marjorie Ulman Rothschild Counsel for NRC Staff Dated at Bethesda, Maryland this 3rd day of November,1980 Se
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