ML20010G227

Comments on Susquehanna Environ Advocates 810831 Filing on Expert Witnesses.Filing Inadequate & Fails to Meet ASLB 810814 Mandate.Reserves Right to Seek Relief If Intervenor Files Testimony.W/Certificate of Svc.Related Correspondence

ML20010G227
Person / Time
Site:	Susquehanna
Issue date:	09/08/1981
From:	Silberg J ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8109150457
Download: ML20010G227 (6)

Text

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COEgnsrOSDE#' September 8, 1981 00 UNITED STATES OF AMERICA 9 y .

NUCLEAR REGULATORY COMMISSION g' 9 "

BEFORE THE ATOMIC SAFETY AND LICENSING BOAR C- ,

hSEP 9ON" $

- In the Matter of ) Otfic d Yb"- sU

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PENNSYLVANIA POWER & LIGHT COMPANY )

and

)

) Docket Nos.

4 N [

ALLEGHENY ELECTRIC COOPERATIVE, INC. ) 't

)

(Susquehanna Steam Electric Station, [

Units 1 and 2)

)

) W'N 1

c.) sY  :

APPLICANTS' COMMENTS ON p ,s

" SEA: EXPERT WITNESSES", q g 4 A In a filing entitled " SEA: Expert Witnesses", dated August 31, 1981, Susquehanna Environmental Advocates ( " SEA" )

submitted a " list of proposed expert witnesses" . This submittal was, in SEA's words, made "[p] ursuant to the Board's order of August 14, 1981". Applicants wish to point out that SEA's submittal is inadequate and fails to meet the Licensing Board's mandate. Applicants reserve their rights to seek appropriate relief if SEA files testimony by these proposed witnesses.

The L1 censing Board's August 14, 1981 Memorandum and Order on Prehearing Conference imposed as one of the " requirements and obligations for the hearing" a filing by the parties of "[t]he qualifications, identities, subject matter and substance of testimony of expert witnesses". This requirement stems from an earlier order by the Licensing Board requiring that 96 Each party shall identify the identities, addresses, and professional qualifications, and the subject matter and the substance j ['

of the testimony of, expert witnesses expected to be called for its direct environmental case at least 60 days in advance of the commencement of the environmental hearings.

8109150457 810908 PDR ADOCK 05000387 r3 PDR

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . _ _ _ _ _ )

Memorandum and Order on Discovery Motions (II), LBP-79-21, 10 NRC 597, 606-607 (October 30, 1979). This filing was discussed at some length at the prehearing conference held on August 12, 1981.

Because of the long history that this requirement has had in this proceeding, Applicants are somewhat puzzled by SEA's failure to comply. As to one of the four contentions listed, SEA does not even identify the proposed witness, but only states the name of a company, "MHB Associates". In the three remaining cases, SEA gives the name of the proposed witness, but does not provide his qualifications, other than to indicate that the person has "done work" in a given area. Nor does SEA provide any indication of the " subject matter and substance of che testimony". In fact, SEA makes the remarkable statement that SEA was under the clear impression that only the names and qualifications of expert witnesses needed to be filed by August 25 and that there was no mention of the (emphasis added)

" substance of testimony" .

Since the August 14 Memorandum and Order (as well as the October 1979 Memorandum and Order) explicitly called for the filing or the

" subject matter and substance of testimony of expert witnesses" (emphasis added) , Applicants cannot understand the source of SEA's apparent confusion.

SEA indicates that its proposed witness list "is not definite". Applicants also recognize that SEA's proposed witness filing on Contentions 20 and 21 is not due until September 8, 1981. If SEA ultimately presents no witnesses, l

Applicants will not have been prejudiced. However, if SEA files written testimony from one or more of these witnesses, Applicants will have been deprived of the period of time which the Licensing Board established for parties to begin their investigation of other parties' witnesses. Applicants therefore reserve the right to seek appropriate relief depending upon subsequent events.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By A '

F J

M E. Silberg asjF. Travieso-Diaz f

Counsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 Telephone: (202) 822-1000

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

In the Matter of )

)

PENNSYL*.aNIA POWER AND LIGHT COMPANY )

)

and ) Docket Nos. 50-387

) 50-388 ALLEGHENY ELECTRIC COOPERATIVE, INC. )

)

(Susquehanna Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Applicants' Comments on " SEA: Expert Witnesses" were served by deposit in the U. S. Mail First Class, postage prepaid, this 8th day of September, 1981 to all those on the attacited Service List.

M Ja .E ilber~g Dated: September 8, 1981

UNITED STAT OF AMERICA NUCLEAR REG' .4 TORY COMMISSION BEFORE THE ATOMIC AFETY AND LICENSING BCARD In the Matter of )

)

PENNSYLVANIA POWER & LIGHT COMPANY )

)

AND ) Docket Nos. 50-387

) 50-388 ALLEGHENY ELECTRIC COOPERATIVE, INC. )

)

(Susquehanna Steam Electric Station, )

Units 1 and 2) )

SERVICE LIST Secretary of the Commission Dr. Judith H. Johnsrud U. S. Nuclear Regulatory Commission Co-Director Washington, D. C. 20555 Environmental Coalition on Nuclear Power Administrative Judge James P. Gleason 433 Orlando Avenue 513 Gilmoure Drive State College, Pennsylvania 16801 Silver Spring, Maryland 20901 -

Susquehanna Environmental Advocates Mr. Glenn O. Bright c/o Gerald Schultz, Esquire Atomic Safety and Licensing Post Office Box 1560 Board Panel Wilkes-Barre, Pennsylvania 18703 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Thomas J. Halligan,Correspondeng The Citizens Against Nuclear Dangers Dr. Paul W. Purdom -Post Office Box 5 245 Gulph Hills Road Scranton, Pennsylvania 18501 Radnor, Pennsylvania 19087 Ms. Colleen Marsh Atomic Safety and Licensing Box 558 A, R. D. #4 Board Panel Mt. Top, Pennsylvania 18707 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Jessica H. Laverty, Esquire Office of the Executive Legal Docketing and Service Section Director Office of the Secretary U. S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 23555 Washington, D.C. 20555

, ~ - _ ,e .g ,y-

i Robert W..Adler, Esquire Mr. Thomas M. Gerusky, Director Department of Environmental Resources Bureau of Radiation Protection Commonwealth of Pennsylvania Department of Environmental 505 Executive House Resources Post Office Box 2357 Commonwealth of Pennsylvania Harrisburg, Pennsylvania 17120 Post Office Box 2063 Janes 10. Cutchin, IV, Esquire Office of the Executive Legal Atomic Safety and Licensing Appeal Director Board Panel D. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Connission Washington, D. C. 20555 Washington, D. C. 20555 DeWitt C.-Smith Director Pennsylvania Emergency Management Agency Transportation and Safety Building Harrisburg, Pennsylvania 17120 l

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