ML20010G321
| ML20010G321 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 09/11/1981 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bright G, Gleason J, Kline J Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109150588 | |
| Download: ML20010G321 (3) | |
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6 Septeuber 11, 1981 JdDes P. Gleason, Esq., Chairaan 11r. Glenn 0. Bright Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board 513 Giluoure Drive U.S. liuclear Regulatory Corraission Silver Sp ing,10 20901 Washington, D.C.
R555 DISTRIBUTION Dr. Jerry R. Kline Lessy Aduinistrative Judge Goddard Atomic Safety and Licensing Board Perlis U.S. Iluclear Regulatory Corsaissia #y @./,m Shapar/Engelhardt Washington, D.C.
20555 Christenbury/Scinto Olmstead Reis In the !!atter of Union Electric Company 7
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(Callaway Plant Units 1 and 2) 4 A
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NRC Central: LPDR/PDR Youngblood Docket Hos. SD4 50-483 and STli 50-4 _
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Gallagher
Dear Administrative Judges:
g This is to report on the successful resolution of certain af scovery-related disputes between the Staff, Applicant, and Joint Intervenors, as well as to alert the Board to one scheduling matter which could not be successfully resolved by negotiations.
As to the successfully resolved matters, I au pleased to report the following for consideration by the Board:
1.
In consideration of counsel for Joint Intervenors' representation that (a) Joint Intervenors shall call no witnesses in this proceeding, and tnat (b) cross-exomination of witnesses sponsored by the other parties will be conducted solely by Joint Intervenors' counsel (with no assis-tance at the hearing from any experts or consultants), the Staff and Applicant nava agreed not to pursue both the deposition of Kay Drey or their respective motions to compel Joint Intervenors to disclose the names of those persons having first-hand knowledge of their contentions or those persons with whoa Joint Intervenors may have consulted with respect to this proceeding.
2.
Since na location for the hearing on construction defects contentions has been previousiy designated by the Board, the Staff, Applicant, and Joint Intervenors recornend that the location for such a hearing be in the metropolitan St. Louis area.
It is, however, recognized that ary O
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) other party may file with tne Boaro its preference for a different geo-graphical location.
It is suggested that any such filing be received by September 23, 1981.
3.
As determined by the presiding Board, and pursuant to the provists of 10 C.F.R. 4 2.752, it is also recocoended that a final prehearing con-ference witn respect to the hearing on construction defects contentions also be held in metropolitan St. Louis, Missouri prior to start of hearing.
Complete agreer..ent was not reached with respect to scheduling patters, although agreeDent was reached with respect to a few schedui tng items, suaject to approval by the Board.
Inasmuch as tne present schedule does not provide a specific tir.c for the filing of sur.oary disposition motions, it was agreed, subject to approval by the Board a follows:
Date 09/24/81 Date for filing notions for sun.iary disposition on Joint Intervenors' construction defects contentions 11/04/61 Date for filing of direct testimony on construction defects contentions and filing copies of all proposed exhibits with respect to such contentions to oe used by each party in its case-in-chief on the Limnsing Board and parties participating in this espect of the proceeding.
Tne one trea of disagreement was the recocuended date for the start of the haaring on construction defects contentions.
In order to affard the parties an opportunity to file, and the Board to rule upon, surnary disposition matters, as well as to accocoodate certain scheduling conflicts including such conflicts of thi5 Soard due to other proceedings, the Applicant and Staff have proposed that trn; hearing on construction defects contentions coroence on November 17, 1981.
It has oeen agreed by the Staff, Applicant, and Joint Intervenors that on the date the hearing cocrences, Applicant's case-in-chief on construction defects contentions will be presented first. Af ter completion of Appliciant's entire case-in-chief on construction defects contentions, the Statf would present its case-in-chief on construction aefects contentions.
Finally, by that date, i.e., the first day of the hearing, each party shall also cesignate tne document; to be used by it in cross-examination. tiowever, Joint Intervenors have now advised the Staff and Applicant that they will not be in a position to 90 to hearing on the construction defects contentions until "Occember 1, 1981 at the earliest." The Staff has been informed that this request for an extension steus in part from a lack of ample time to prepare for hearing in light of the agreed upon schedule, as well as other coccitaents.
Rather than represent in any detail Joint' Intervenors' request for an extension of the nearing date until December, the undersigned Staff counsel has requested counsel for Joint Intervenors to outline his position to the board separately
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.4 in writing a#ter receipt of this letter. The Staff and Applicant, however, would reserve the right to respond.
Sincerely, o
Roy P. Lessy Deputy Assistant Chief llearing Counsel cc: fir. John G. Reed Treva J. llearne Barbara Shull Lenore Lo2b Marjorie Reilly Gerald Cnarnoff, Esq.
Thomas A. baxter Esq.
Dan 1. Bolef Donald Bollinger Hr. Fred Luekey Mayor Howard Steffen Professor William it. Miller Robert G. Wright Atoalc Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Rose Levering Kenneth M. Chacices Mr. Earl Brown tir. Samuel J. birk Mr. Harold Lottnan Eric A. Eisen, Esq.
Docketing and Service Section I
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