ML20010J578

Requests Evidentiary Hearing Reconvene on 811026. Prehearing Conference Would Not Be Meaningful to Remaining Issue Re Emergency Plan

ML20010J578
Person / Time
Site:	Zimmer
Issue date:	09/28/1981
From:	Connor T CONNER, MOORE & CORBER
To:	Frye J, Hooper F, Livingston S Atomic Safety and Licensing Board Panel
References
NUDOCS 8110050370
Download: ML20010J578 (2)

Text

LAW OFFICES CONNER & MOORE 1747 PENNSYLVANIA AVENUE. N. W.

TROY B. CONNER. IR. WASHINGTON. D. C. 20006 ARCis A. M OORL JR.*

(202) 888.3500 LO:xrr u.Ra zR September 28, 1981 _

= =n == . r= = c. cAnz.z. anRuss. Arona.4w Mr. John H. Frye, III Dr. M. Stanley Livingston Chairman, Atomic Safety and Atomic Safety and Licensing Licensing B" 'rd Panel Board U.S. Nuclear negulatory 1005 Calle Largo Commission Santa Fe, New Mexico 87501 Washington, D.C. 20555

, ' W "D Dr. Frank F. Hooper Atomic Safety and Licensing

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Docket No. 50-358 N Gentlemen:

We have received an inquiry through Staff counsel as to the availability of the Applicants in the captioned pro-ceeding for the holding of a prehearing conference at the end of October 1981.

As the Board knows, the scheduled fuel loading date for the Zimmer plant is July 1982. The Commission has recently addressed the problem of hearings not being concluded before construction of a unit is complete, and has instituted various actions in an effort to reduce the time now required for hearings. (See Policy Statement dated May 27, 1981, 46 Fed. Reg. 28533). The Board is also aware that the present hearings began over two years ago in 1979.

It would appear the holding of a prehearing conference prior to the resumption of the evidentiary hearing would not be particularly meaningful to the remaining isst' Con-sidering the fact that the various parties' positions are O 393 5

well delineated on the existing record, the purpose of a prehearing conferenc2 at this juncture is not apparent. j Perhaps any questions the Board may have could be speedily resolved in a conference call.

8110050370 810928 PDR ADOCK 05000358 G PDR

, , Mr. John H. Frye, III Dr. M. Stanley Livingston Dr. Frank F. Hooper September 28, 1981 Page 2 In our view, the evidentiary hearing on the "on-site" aspects of the emergency plan and monitoring contention is ready for final resolution. Our position is set forth in detail in " Applicants' Motion to Begin Hearings on Emergency Planning and Monitoring and for Other Supportive Relief" dated July 9, 1981, which has not yet been ruled upon by the Licensing Board. Responses were received from the Staff and some of the parties.

In our view the evidentiary hearing should reconvene as quickly as possible. We suggest that if the Board has October 29 and 30 available on its schedule, it make the entire week of October 26 available for the evidentiary hearing. We note that this will allow this phase of the proceeding to be completed prior to the emergency planning exercise scheduled for mid-November.

Sincerely,

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vonner, Jr.

i Counsel for Applicants cc: Richard S. Salzman, Esq.

Dr. Lawrence R. Quarles Chairman, Atomic Safety and Licensing Appeal Board Panel Chairman, Atomic Safety and Licensing Board Panel Charles A. Barth, Esq.

William J. Moran, Esq.

Mr. Chase R. Stephens William Peter Heile, Esq.

Mrs. Mary Reder Andrew B. Dennison, Esq.

James R. Feldman, Jr., Esq.

John D. Woliver, Esq.

David K. Martin, Esq.

George E. Pattison, Esq.

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