ML20009D072

Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc

ML20009D072
Person / Time
Site:	05000471
Issue date:	07/15/1981
From:	Shotwell J MASSACHUSETTS, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8107230088
Download: ML20009D072 (5)

Text

o -

s

/

,' t ' /j',/ > '

,s q,, x-l 6,'k N

.w 1-UNITED STATES OF AMERICA cd \. /

NUCLEAR REGULATORY COMMISSION '

"'r C

, ,a *g Before The Atomic Safety '

'N and Licensing Board In the Matter of: )

) w BOSTON EDISON COMPANY, et al. ) Doc et No.150- 47, (Pilgrim Nuclear Generating ) 1 ' 'Le Station, Unit 2) ) g[8l p ,

)

J b.t ,, a 793 4 a

37 '

• • • - %;;agu$ g .

MOTION TO MODIFY PREHEARING CONFERENCE O GER On July 2,1981, the Board issued a Prehearin\g Conferenc /' a.-

Order. in this matter. The Intervenor Commonwealth of Massachu-setts moves that said Order be modified in the following respects for the reasons stated hereinafter:

(1) The Commonwealth requests that the Order reflect its objection to the Boi d's decision to proceed with the prehearing conference in the absence of a court reporter. The Commonwealth believes that its objection was a substantive one, given the due process right to a public record of a public proceeding and the provision for a transcript contained in the Commission's own Rules of ?roce-dure, and therefore asks that there be a formal record of said objection.

( 2) The Commonwealth requests that the Order S

reflect its proposal of the following schedule in the event that the Board decided to proceed to hear-

/ r ing on both emergency planning and TMI-related issues:

810723OOss s10725 gDRADOCK 05000471 PDR

s Event Date (with respect to both emer gency planning and TMI-related issues)

1. First Prehearing Conf erence and Opening of Discovery July 1, 1981

2. Discovery Closes October 14, 1981

3. Statement of Detailed Bases for Emergency Planning Contentions and TMI Contentions October 21, 1981

4. Final Prehearing Conference October 28, 1981

5. Direct Testimony to be Filed November 11, 1981

6. Rebuttal Testimony to be Filed November 25, 1981

7. Hearing Commences December 10, 1981 The Order should reflect the Commonwealth's reques t for a two-month discovery period on emergency planning issues to ensure opportunity for a second round of discover y should that b: necessary and its request for a 6-week pericd in which to review the highly technical TMI-related issues with the assist-ance of an expert before commencing a two-month dis-covery period on those issues.

(3) Finally, the Commonwealth requests that the Board modify the schedule contained in its Order to provide for conduct of the final prehearing confer-ence on emer gency planning issues on Monday, August 31, 1981, rather than Friday, August 28, I

1981. The Commonwealth requests this minor change, l amounting to a difference of one businesss day, to 1

accommodate the plans of its counsel, Jo Ann s

Shotwell, to vacation outside the Commonwealth during the . week of August 24-28. The Applicant, the Staf f, and the Cleetons have all agreed to this minor schedule change.

The Commonwealth asks that all of the above modifications be made to ' t he Board's Order . Given the absence of a tran-script of the prehearing conf erence , it is necessary that the Board's Order more fully reflect the positions taken by the Commonwealth at that hearing. This can be readily accomplished by the Board's incorporation of the contents of this Motion into its Order .

Respectfully submitted, By:

J M d ^ 4]

A n Shotwell, Esquire A stant Attorney General Environmental Protection Division Public Protection Bureau Department or the Attorney General One Ashburton Place, 19th Floor l

Boston, Massachusetts 02103 (617) 727-2265 Dated: July 15, 1981

o {

s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

)

BOSTON EDISON COMPANY et al. ) Docket No. 50-471

)

(Pilgrim Nuclear Generating )

Station, Unit 2) )

)

)

CERTIFICATE OF SERVICE I here by certify that the foregoing Motion has been ser ved on the following by deposit of copies thereof in the United States Mail, first class mail, postage prepaid this 15th day of July,1981:

Andrew C. Goodhope , Esq. Henry Herrman, Esq.

Chairman Room 1045 Atomic Safety and 50 Congress Street Licensing Board Boston, Massachusetts 02109 3320 Estelle Terrace Wheaton, Maryland 20906 Mr. & Mrs. Alan R. Cleeton 22 Mackintosh Street Dr. A. Dixon Callihan Franklin, Massachusetts 02038 Union Carbide Corporation P.O. Box Y William S. Abbot, Esq.

Oak Ridge, Tennessee 37830 Suite 925 50 Congress Street Dr. Richard F. Cole Boston, Massachusetts 02109 Atomic Safety and Licensing Board Thomas G. Dignan, Jr., Esq.

U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Washington, D.C. 20555 Boston, Massachusetts 02110 Patrick J. Kenny, Esq. Atomic Safety and Licensing Edward L. Selgrade, Esq. Appeal Board Deputy Director U.S. Nuclear Regulatory Mass. Office of Energy Commission Resources Washington, D.C. 20555 l 73 Tremont Street Boston, Massachusetts 02108

- . _ _ _ , . ~ _.

Atomic Safety and Licensing Office of the Secretary Board. Panel Docketing and Service Section U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chief Librarian Jack R. Goldberg Plymouth Public Library Office of the Executive North Street Legal Director Plymouth, Massachusetts 02360 U.S. Nuclear Regulatory Commission William S. Stowe, Esquire Washington, D.C. 20555 Boston Edison Company 800 Boylston Street Thomas S. Moore, Chairman Boston, Massachusetts 02199 Atomic Saf ety and Licensing Appeal Board Francis S. Wright, Psquire U.S. Nuclear Regulatory Berman & Lewenberg Commission 211 Congress St.

Washington, D.C. 20555 Boston, Massachusetts 02110 Christine N. Kohl, Esquire Dr. John H. Buck Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Stephen H. Lewis R. K. Gad III U.S. Nuclear Regulatory Ropes & Gray Commission 225 Franklin Street Offico of the Executive Boston, Massachusetts 02110 Legal Director Washington, D.C. 20555 s N

/  :-- -

go Ann Shotwelf' Assistant Attorney General Environmental Protection Division i

Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265

. _ - - . _ _ _ - _ , . . _ _ _ _ _ _ , _ _ _ - . - - _ - _ _ _ _ - _ - - _ . _ . _ . - - - . - - _ _ - _ --