ML20008F214
| ML20008F214 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 03/09/1981 |
| From: | Grossman H Atomic Safety and Licensing Board Panel |
| To: | Bursey B AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-OL, NUDOCS 8103120527 | |
| Download: ML20008F214 (5) | |
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'M" gg y UNITED STATES OF AMERICA af NUCLEAR REGULATORY COMMISSION O
1 Atomic Safety and Licensing Board h
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Before Administrative Judges:
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Herbert Grossman, Chainnan N
d Gustave A. Linenberger, Member t'I >g Frank F. H' coper, Member
'I48 ] 0 sg7 In the Matter of SOUTH CAROLINA ELECTRIC AND GAS COMPANY )
Docket No. 50-395 OL SOUTH CAROLINA PUBLIC SERVICE AUTHORITY )
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(Virgil C. Summer Nuclear Station, l
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Unit 1)
March 9,1981 9
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. h,. ~1 MEMORANDUM AND ORDER
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% Q '.g (Summarizing Conference Calls and Denying C
5 ~. 9 Intervenor's Request to Reinstate Affirmative Case q,',h
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l; gf MEMORANDUM Pursuant to Applicants' request dated February 10, 1981 a conference call was scheduled for February 20, 1981 te discuss further scheduling in the pro-ceeding. A call was initiated with all parties and Board members present, but the Board was informed that the parties had not yet reached agreement and would prefer a postponement of the call to February 27, 1981 to permit further consul-tation between the parties.
It was agreed by all to hold that conference call I
at 2:00 p.m. on that date.
I Prior to the rescheduled date for the conference call, Intervenor Brett Bursey filed a document dated February 23, 1981 petitioning the Board to s'et aside the bar to his presenting an affirmative case and accept his list of g50 5
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witnesses included in the document. The bar to his presenting cn affimative case was imposed automatically upon his failure to submit a list of witnesses, meaningful sumaries of their testimony and a list of exhibits, by January 31, 1981, as ordered by the Board at the November 25, 1980 prehearing conference (Tr. 288-297) and reaffimed in the Board's Order of December 20, 1980 (pp. 2-3).
By document dated February 26, 1981 and hand-delivered to the Board on that date.
Applicants opposed lifting the bar to Intervenor's affirmative case and requested that the Board take up this matter during the conference call scheduled for the next day.
.l At 2:00 p.m. on February 27, 1981 a conference call was placed to all of the persons who had participated in the conference call of February 20, 1981, as had been agreed by all those participants. Representatives 'of Applicants, a
Staff and the State of South Carolina, and each of the Board members were present l
to accept the call. Unfortunately, we were infomed by the operator that Mr. Bursey was in conference and unavailable to receive the call. Nevertheless, since no further word had been left as to when Mr. Bursey would be available.
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.the con.ference call proceeded.
l The Board was informed that the parties, including Mr. Bursey, had consulted with each other with regard to further scheduling and had detemined that a hearing beginning on June 22, 1981 and continuing to completion on or about
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July 2,1981 would be mutually acceptable to the parties. The parties present further informed the Board that they had kept the remainder of July open for hearing if the June 22nd comencement was not agreeable to the Board.
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. i The Board tentatively agreed to set the commencement of. hearings for i
June 22, 1981 on the expectation that Judge Linenberger would be able to t
resolve a conflict in' scheduling with another matter, to be further considered by the Board when Judge Linenberger returns to the office on March 9,1981. The Board also tentatively set April 7,1981 as the date for the final prehearing j
conference.
After being informed by Staff counsel that Staff agreed with Applicant's opposition to Mr. Bursey's February 23, 1981 request to lift the bar to his affimative case and accept his list of witnesses, the Board was requested to, and did, issue its ruling on that matter. The Board denied the request, indicating that it would not consider Intervenor as having established good cause for removing the bar to his affimative case in the absence of his sub-
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mitting a meaningful sununary of prospective testimony that would infom the other parties of the nature of his case. However, the Board indicated that the denial of Intervenor's request was without prejudice to his submitting a further request to lift the bar which would include a comprehensive sumary of pros-pective testimony. The Board indicated that, in the event that.a future request were made, the Board would rule on ech prospective witness separately, 1
giving great weight to the factors of comprehensiveness of sumary (to fully infom the other parties of the nature of Intervenor's case) and timeliness (f
of submittal (to afford the other parties sufficient time to discover Intervenor's case and prepare their own).
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, The Board requested Staff attorney Steven Goldberg, Esquire, to notify Intervenor Brett Bursey of the substance of the matters discussed and rulings ma'de during the conference call. The Board asked whether any of the parties had objection to Mr. Goldberg's further informing Mr. Bursey that Mr. Bursey,
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= I if he desired, might also call the Chairman to'be informed directly by the Board of the substance of the conference call. None objected. Mr. Goldberg agreed to convey the information to Mr. Bursey, and the conference call was concluded.
Approximately one hour after the conclusion of the conference call, the Chainnan received a call from Intervenor Brett Bursey. Mr. Bursey apologized for not having been in his office to receive the scheduled conference call. He indicated that he had been engaged in televised activities at that moment in another part of town. The Chainnan repeated to Mr. Bursey the substance of the conference call, as set forth above. Mr. Bursey indicated his availability for the final prehearing conference on April 7,1981 and for a hearing beginning on June 22, 1981 and continuing through July.
Upon ' udge Linenberger's return to his office on March 9,1981, the Board J
has confinned the availability of all Board members for an April 7,1981 final prehearing conference (for which a Notice is being issued simultaneously with thisOrder)andaJune 22, 1981 commencement date for the hearing. Nevertheless',
because of the possibility of unavailability of hearing space, delay in is,suance of final Staff. documents or unforeseen diff.iculties, the parties are requested to reserve, to the extent possible, additional hearing time in July of 1981, until we near the time for hearing.
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' ORDER For all of the foregoing reasons and based upon a consideration of the l
bntire record in this matter, it 1.s, this 9th day of March,1981
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ORDERED That the request of Intervenor Brett Bursey, dated February 23, 1981 to lift the bar against his affirmative case is'deaied, without prejudice to his filing later motions containing sumaries of testimony that are more responsive to the Board's requirements.
FOR THE ATOMIC SAFETY AND LICENSING BOARD i
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Herbert Grossman, Chainnan ADMINISTRATIVE JUDGE l
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