ML20009H206
| ML20009H206 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 08/04/1981 |
| From: | Milhollin G Atomic Safety and Licensing Board Panel |
| To: | DETROIT EDISON CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-OL, NUDOCS 8108070025 | |
| Download: ML20009H206 (3) | |
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UNITED STATES OF AMERICA p
m~.,. y NUCLEAR REGULATORY COMMISSION J
ATOMIC SAFETY AND LICENSING BOARD
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Before Administrative Judges:
6 Gary L. Milhollin, Chairman
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Cr. David R. Schink
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Frederick J. Shon
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SERVEgAUG 5 In the Matter of N
Docket No. 50-341 OL
@.(k THE DETROI'T EDIS0N COMPANY
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(Enrico Fermi Atomic Power Plant, Unit 2)
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August 4, 1981 GMF ORDER FOLLOWING PREHEARING CONFERENCE JG0 p
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N A prehearing conference was held in this proceeding on July 22, i
- n 1981. At the conference we, the Board, discussed with the parties
- .a g schedule for the following: the conclusion of discovery, the filing of written testimony, the final prehearing conference, and the be-ginning of the evidentiary hearing.
With respect to the conclusion of discovery, the Applicant, Detroit Edison Company, stated that it did not desire any further dis-covery. The Staff of the Nuclear Regulatory Commission stated that it did not desire further discovery e'ither. Boththesepa$tiesindicated that the discovery which had already been conducted in the first round, which ended late in 1979, was adequate for them.
Citizens for Employ-ment and Energy (CEE), the sole intervenor in this proceeding, stated that it desired a period of two weeks after the nublication of the final Safety Evaluation Report (SER) in order to determine T)SA s
8108070025 810804 PDR ADOCK 05000341 G
.- whether to request additional discovery. The final SER was published on July 17, 1981; the final EIS is scheduled to be published on August 31, 1981. No party opposed CEE's request.
With respect to the evidentiary hearing, the Applicant pointed out that the Staff's schedule for reviewing the application had estimated that the evidentiary hearing might begin in February of 1982. This date assumed that it would be necessary for the Staff to finish its review of the applica-tion before the hearing. However, when it became known that this assumption was incorrect, and that CEE was willing to proceed without the Staff having finished its review, the parties, at the suggestion of the Board, agreed to advance the date of the hearing to December 1, 1981.
With respect to the contentions filed by CEE, it was agreed that CEE would withdraw Contentions 6, 9, 10, 11 and 14. This leaves only three contentions in the case: Contention 4, which relates to the Applicant's quality assurance and quality contro, program, Contention 5, which relates to the Applicant's system for monitoring radiation, and Contention 8, which relates to evacuation of residents from a particular geographic area. Only Con-tention 8 relates to matters which might be the subject of further dis-covery by CEE. The parties agreed that if it should become necessary for the Staff to finish its review of the application before Contention 8 can be dealt with completely, the Board will schedule additional hearing days in 1982.
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During the afternoon of July 22, 1981, the Board visited the reactor site and the road leading to the area the evacuation of which is the sub-ject of Contention 8.
All parties were present during the visit to both the reactor site and the road.
4 4 In light of the agreements mentioned above, the schedule for the balance of this proceeding is as follows:
1.
Discovery is complete except for the pos,ibility of additional discovery by CEE on Contention 8.
CEE must file any such additional discovery within 20 days after publication of the Final Environmental Impact Statement.
2.
Written testimony shall be filed on Monday, November 9, 1981. The Applicant will send a messenger to CEE in arder to take delivery of CEE's testimony.
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3.
The evidentiary hearing will begin on Tuesday, December 1, 1981. On that day a final prehearing conference will be held before beginning of the evidentiary hearing. The location and exact time of the hearing w'11 be announced in a further order.
FOR Tile ATOMIC SAFETY AND LICENSING BOARD M hw Gary L/Milhollin, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland l
August 4, 1981
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