ML20004E042

Requests That ASLB Clarify 810430 & 0513 Orders & Direct Applicants to Have Addl Witnesses Available for Exam During Evidentiary Hearings

ML20004E042
Person / Time
Site:	Summer
Issue date:	06/01/1981
From:	Ruoff J FAIRFIELD UNITED ACTION
To:	Grossman H, Hooper F, Linenberger G Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8106110037
Download: ML20004E042 (2)

Text

.

FAIRFIELD UNITEQ ACTION

.' P.O. BOX M6 JENKINSVILLE Sc 29065 803-34I-3514 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: )

)

) Docket No. 50-395 OL

, SOUTH CAROLINA ELECTRIC AND GAS COMPANY, et al. )

June 1, 1981 (Virgil C. Summer Nuclear Station, Unit 1) )

) e- e

/ 000KETeo g Herbert Grossman, Esq., Chairman *c DN -

Dr. Frank F. Hooper i

M i 198f' . ?

Gustave A. Linenberger -1 f, $$7lj$7 Atomic Safety and Licensing Board Panel -

~:S U.S. Nuclear Regulatory Commission Washington, DC 20555

, /g, s

Dear Gentlemen:

In reviewing the " Applicants' Memorandum of Transmittal of Prefiled Testimony and Exhibits," dated May 28, 1981, I find at page 4 a list of the witnesses Applicants propose to make available to Fairfield United Action (FUA) for examination during the evidentiary hearings in the above-captioned proceedings as required by the Board's Order of May 13, 1981. That list includes: Thomas C. Nichols, Jr., 0.S. Bradham, Steve Smith, B.T. Estes, Jr., Al Sanders, M.B. Whitaker, Jr., K.E. Beale, and J.B. Bone.

The Applicants further note: " Applicants take it that the Board de-clined to require appearances by the additional persons named or referred to at Tr-466,594" (Id.).

8106yycon G

FUA's understanding of the Board Orders of April 30, 1981, and May 13, 1981, is that the witnesses available to FUA are those set forth in the written supplemental petition or in oral discussion during the prehearing conference of April 7 and 8, 1981. This is consistent with the Board's determination to admit FUA only on "the specifics of FUA'i affirmative case on those issues accepted as they were detailed in the supplemental petition and the prehearing conference" (Order, April 30, 1981, at p. 4).

FUA maintains, therefore, that it is entitled to examine as part of its affirmative case: South Carolina Electric and Gas Company (SCE&G)

President Virgil C. Summer (Tr. 466); 2CE&G vice-president for con-struction, Esca H. Crews, Jr. (Suppl. Pet., pp. 4-5; Tr. 465); and. Rebecca McSwain, SCE&G employee chiefly responsible for the emergency planning public information brochure (Tr. 594). Mr. Crews was promised to the Board by Applicants at the November 25, 1980, Prehearing Conference to respond to the Board question on corporate management.

FUA requests that the Board clarify its Orders of April 30, 1981, and May 13, 1981, and direct Applicants' to have these additional witnesses available for examination by FUA during the evidentiary hearings.

Sincerely yours, 0.

John C. Ruoff Authorized Representative For Intervenor Fairfield United Action l

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