ML20008F466
| ML20008F466 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 04/08/1981 |
| From: | Christenbury E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| NUDOCS 8104210035 | |
| Download: ML20008F466 (2) | |
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liEl:0RAllDUM FOR:
John B. fiartin, Director, Office of liuclear Material Safety & Safeguards, Division of Waste l'anagement FROM:
Edward S. Christenbury, Chief Hearing Counsel, Office of the Executive Legal Director
SUBJECT:
Preparation For Hearings In The U.S. Ecology Proceeding As you know, on Septenter 9,1980, the Atomic Safety and Licensing Board in this proceeding identified the following issues for litigation:
1.
Whether the Applicant " possesses" the source, by-product or special nuclear material at-the Sheffield site.
2.
Whether U.S. Ecology can unilaterally terminate License 110.
13-10041-01 for activities at Sheffield without affirmative action by the Commission.
3.
If U.S. Ecciogy cannot terminate its license without affirmative action by the Commission, what conditions, if any, are appropriate to impose in order to protect the public health and safety as well as the environment before U.S. Ecology nay quit the site.
We are presently involved in extensive discovery regarding these issues.
Upon coupletion of this discovery phase, which we estimate will take anc,ther one to two months, we will be required to respond to and prepare actions for suraary disposition of this case. At the same time we will be required to prepare and then file our testimony on the above issues. While we are taking steps to settle this case and we will continue to vigorously pursue settlement, we must develop our case and be prepared for hearing.
The purpose of this uenorandum is to indicate that we are not now prepared for either the summary disposition or hearing phase of this proceeding. To-be prepared prompt action is required to:
(1) identify the disciplines involved with the review and litigation of this ene, (2) identify appropriate personnel with the necessary expertise, and (3) involve these personnel in the review, discovery and when appropriate the summary disposition and hearing phases of this proceeding.
8104210035 L
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- w. The Staff attorneys assigned to this case have~been working with Jim Shaffner to identify the specific disciplines that are needed for
- preparation of this case..These discussions have led to the development of the following list.
As you will note, an attempt has been made to identify a potential witness for each discipline. This was done mindful of the person's expertise as well as his experience in giving testinony. While this latter factor is not imperative, we consider it a prudent strategy since we anticipate that opposing counsel in this proceeding will launch a heavy attack on our witnesses' credentials through voir dire _ and their testimony through cross-examination. The list of disciplines and potential uitnesses follows:
Discipline Witness Civil Engineer Jim Shaffner, WMLL Geologist David Siefken, WMLL Soil Mechanics Engineer Ross Landsnan, IE, Region III Hydrologist Richland Codell, NRR Health Physicist Frank Congel, NRR 4
Nuclear Engineer Kitty Dragonette, WMLL Agronomist Donald Pretzsch, Soil Conservation Service, Departnent of Agriculture Nuclear Wastes Timothy Johnson, WMLL Forms and Behavior-f-
Edward S. Christenbury Chief Hearing Counsel Office of the Executive Legal Director
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