ML20010F710
| ML20010F710 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 09/08/1981 |
| From: | Thessin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bardrick M, Farris J, Gallo J FELDMAN, HALL, FRANDEN, REED & WOODWARD, ISHAM, LINCOLN & BEALE, OKLAHOMA, STATE OF |
| References | |
| NUDOCS 8109110223 | |
| Download: ML20010F710 (6) | |
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Joseph R. Farris, Esq.
!!ichael L. Bardrick, Esq.
Feldnan, Hall, Franden, Reed Office of the Attorney General and Woodard State of Oklahona 816 Enterprise Building 112 State Capitol Building Tulsa, OK
-'4103 Oklahoma City, OK 73105 I
Dist NRC Central Joseph Gallo, Esq.
Shapar/Engelhardt Ishan, Lincoln & Beale Christenbury/Scinto 1120 Connecticut Avenue, ful Olmstead Suite 325 Vgfe Washington, DC 20036 Chandbr:
fa In the !!atter of Public Service Company of Oklahona, Chron Associated Electric Cooperative, Inc.
FF(2) and Western Farners Electric Cooperative, Inc.
(Black Fox Station, Units 1 and 2)
Docket ilos. STil 50-556, STN 50-557 Centlenen:
I have enclosed a draft letter to the Licensing Board surrarizing our agreenent on scheduling the reopened proceeding on the Black Fox construction pemit application. You will notice that the timetable is slightly changed from that discussed last week. The date of the prehearing conference is moved back to December 7 to allow the Board to issue a public notice 30 days in advance of the hearing. The schedule is more detailed with respect to when interrogatories cust be filed. This is to ensure that parties will have adequate tine to answer them before the close of discovery.
Finally, the schedule provides for a period of infomd discovery on undisputed contentions.
This period would be in advance of and in addition to the time periods we agreed on last week.
Because Dennis will be out of the office for the next few days, let re know whether or not the draft meets with your approval. As discussed, s
we would like to send the letter to the Board in the near future.
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Sincerely,
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8109110223 810908 Janes H. Thessin g
PDR ADOCK 05000556 o
PDR Counsel for flRC Staff s
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OFF1ClAL RECORD COPY usem im-mm NRC FORM 318 00-80) NRCM oao
DRAFi 9/8/81 Sheldon J. Wolfe, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of Public Service Company of Oklahoma, Associated Electric Cooperative, Inc.
and Western Farmers Electric Cooperative, Inc.
(Black Fox Station, Units 1 and 2)
Docket Nos. STN 50-556 & STN 50-557
Dear Judge Wolfe:
On August 28, 1981, counsel for the Intervenors, the State of Oklahoma, the Applicant and the Staff met pursuant to the Board's October 25, 1979 Order to try to reach agreement on the scope of and a schedule for the reopened hearings in Black Fox.
At that time the Staff indicated the following pro-jected review schedule for Black Fox Station:
Applicant's Emergency Plan Submitted 8/31/81 Applicant's TMI Amendments to PSAR submitted 10/5/81 SER Supplement No. 3 Issued 12/15/81 ACRS Meeting on Supp No. 3 2/82 ACRS SSER
, 3/82 Although the individual parties disagree on whether the proposed schedule could be shortened, the following proposal is the shot est timetable on which agreement of the parties could b6 obtained pursuant to the Board's Order.
While this timetable represents the parties' agreement on the timing for
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discovery requests and pretrial motions, ic does not represent a waiver of any limitation, permissible discovery.
1.
Contentions based upon. the Applicant's Emergency Plan and THI Amendments will be filed 30 days after the Applicant files the TMI Amendments to its PSAR [ November 5, 1981I/].
Responses to the contentions are due within 15 aays after the contentions are filed [ November 20,1981].
Informal discovery
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begins between any two parties on cententions proposed by one and not challenged by the other.
(The Applicant and the Staff have agreed not to contest the timeliness of any contentions based on the Applicant's Bnergency Plan and TMI Amendments, which are filed by the date specifiedabove.)
2.
Thirty days after the contentions are filed, the Board will hold a prehearing conference to consider them.
[ December 7, 1981].
Formal C*scovery on accepted contentions commences immediately after the Board's order ruling on contentions.
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Dates in brackets are for reference.
They assume that the review schedule is met and that the Board issues an order ruling on contentions the same day as a prehearing conference.
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3.
All discovery on accepted contentions will be concluded 45 days after the Board's order [ January 21,1982].
Parties will ensure that all interrogatories on accepted contentions are received by the answering party at least 14 days prior to the conclusion of discovery [ January 7,1982].
4.
Within 31 days after SER supplement No. 3 is issued, ary contentions based on any matters newly raised in the Supplement will oe filed [ January 15,1982].
Responses to this se;ond round of contentions are due within 15 days after these contentions are filed [ February 1, 1982].
Informal discovery begins between any two parties on contentions proposed by one and not challenged by the other.
5.
Board will hold a second prehearing conference 15 days after responses are filed to conc.ider the contention.s identified in paragraph 4 [ February 16,1982].
Formal discovery on any cor.tentions accepted in this second round will commence immediately after the Board's order ruling on contentions.
6.
All discovery on contentions accepted in this second round will be concluded 30 days after the Board's order.
[ March 18, I
1982]. Parties will ensure that all interrogatories on these O
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4-contentions are received by the answering party at least 14 days prior to the conclusion of discovery [ March 4, 1982].
7.
All motions for summary disposition will be filed no later than 14 days after the conclusion of discovery or the Board's order on contentions, whichever is later [ April 1,1982].
Responses to any mot,f ons for summary disposition will be filed
, within 25 days after such motions are filed [ April 26,1982].
8.
All testimony will be filed 30 days after the Board ruling on motions for summary disposition.
9.
Hearing to commence two weeks after testimony filed.
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5-In view of the agreement of counsel for all parties to the above schedule, the parties ask that the Board adopt it, for the resumption of the Black Fox proccuding.
Respectfully submitted, Joseph Gallo Counsel for Applicant
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Michael L. Bardrick Counsel for the State of Oklahoma Joseph R. Farris Counsel for Litizens Action for Safe Energy Dennis C. Dambly Counsel for NRC Staff C
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