ML20023C026
| ML20023C026 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 05/05/1983 |
| From: | Laurenson J Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| 81-453-03, 81-453-3, ASLBP-81-453-3, ISSUANCES-OL, NUDOCS 8305090496 | |
| Download: ML20023C026 (5) | |
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OlMYOg UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Admi,.istrative Judges James A. Laurenson, Chairman Oji9f' Dr. George C. Anderson Dr. Hugh C. Paxton
- 83 1m -6 A10 :11 In the Matter of Docket No. 50-482
/
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KANSAS GAS & ELECTRIC CO., et al.
ASLBP No. 81-453-03 OL (Wolf Creek Generating Station, Unit No. 1)
)
May 5, 1983 MEMORANDUM AND ORDER RULING UPON INTERVENORS OBJECTION TO PREHEARING CONFERENCE ORDER A prehearing conference was held on March 10, 1983.
Thereafter on March 18, 1983, a Prehearing Conference Order (unpublished) was issued.
On March 30, 1983, Intervenors filed a timely "Objectioit to Prehearing Conference Order." The objections are as follows:
(1) the parties purportedly agreed at the prehearing conference that the Proposed Stipulation of Contentions (filed on April 7, 1983) may be amended by Intervenors "if (a) there is a significant change in the NRC rules and regulations that would cause the inter-venors to want to amend the stipulations; (b) the Og FEMA recommendations or findings prasent findings 85 or information that would cause the intervenors 1
to want to amend the stipulations; or (c) the 4
State of Kansas Coffey County, or Kansas Gas and
$f Electric Company Emergency Preparedness Plan is k
significantly changed;"
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RE.
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2 and (2) Intervenors ask that the list of witnesses to be called by them at hearing be amended by adding employeees of the Kansas Department of Transportation and the Kansas Highway Patrol. As to the additional witnesses, Intervenors assert that they they did not receive a copy of the State Plan until March 9, 1983, one day prior to the prehearing conference, and did not have time to review the State Plan.
On April 8, 1983, the Board issued an order (unpublished) permitting all parties to reply to Intervenors' objections.
On April 15, 1983 NRC Staff and Applicant replied to the objections.
4 NRC Staff could not recall any agreement among the parties as asserted by Intervenors. Staff noted that counsel for Intervenors raised the issue of amending the contentions but there was no ruling on
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the matter.
(Tr. 139). Staff states that it agrees that Intervenors may file amended contentions under the three conditions set forth above so long as they comply with the guidelines established by the Appeal Board in Duke Power Co. (Catawba Nuclear Station, Units 1 and 2),
ALAB-687, NRC (August 19,-1982).
NRC Staff does not oppose inclusion of the identified employees of the State of Kansas as additional witnesses.
Applicant denies that the parties entered into any agreement concerning the admissibility of any future proposed amendments to contentions.
It relies upon the Atomic Energy Commission decision in Wisconsin Electric Power Co. (Koshkonong Nuclear Plant, Units 1 and 2),
T.
3 CLI-74-45, 8 AEC 928 (1974) holding that a petition for intervention may be amended upon a showing of " good cause." Applicant urges rejection of Intervenors first objection.
It also opposes the request to add witnesses because it had provided Intervenors with earlier copies of the State Plan beginning on September 24, 1981 and the current State Plan is identical insofar as it describes the responsibilities of the Kansas Department of Transportation and Kansas Highway Patrol.
In a further response filed on April 20, 1983, Intervenors reviewed the NRC Staff position concerning amended contentions as permitted in Catawba, supra.
Intervenors stated that they would withdraw their first objection "if the Board will order that upon a showing of good cause, (or as specified on page 2 of the Staff's reply) the contentions of the Intervenors can be amended after the Stipulation of Contentions is accepted." Counsel for Intervenors does not dispute Applicant's assertion that he received copies of the State Plan beginning in 1981 as alleged. However, he states that he was informed by the drafter of the State Plan and an official of FEMA that the current State Plan would be "substantially different" and "would probably be different" from the earlier drafts.
Hence, Intervenors elected not to review the earlier plans.
I.
PURPORTED AGREEMENT AMONG PARTIES REGARDING AMENDMENT OF CONTENTION The Intervenors offer to withdraw this objection is contingent and unclear. Thus, we will proceed as though no such offer had been made.
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t among the parties establish any agreemen Counsel for contention.
ference, but the Intervenors failed todments of t concerning further amenraised the iss any event, we any atte with agree tc In (T r. 139).
evaluate rd Intervenor was not resolved.
required toto the last App are f that we i-matter counsel for NRC Staf contention pursuantwould commit e We event supplement thematter in Catawba, s In the amend or this case.
will exam on this a different rule for we decision s
attempted to fashion supplemental contention,a amended or tandards Intervenors fileunder the proper NRC s Intervenors matter.
d on the and evaluate them opportunity to be hearhearing d
given the objection to the Pre WITNESSES
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ADDITIONAL add witnesse II.
them to tme ask that we permitHighway Pat concerning th' Intervenors of Kansas:
of the State explanation the pret agencies While Intervenorson the d at Transportation.
witnesses to include these overwhelmingly persuas We c@
added.
hn conference is less t athis tim is instance are itnesses and permit prejudice our discretion in th at should exere+se witness list.
amend their to
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ORDER WHEREFORE IT IS ORDERED that Intervenors first objection to the Prehearing Order concerning a purported agreement among the parties as to conditions which would permit Intervenors to amend their contention or Stipulation of Contentions is DENIED.
IT IS FURTHER ORDERED that Intervenors second objection, which is a request that the list of witnesses to be called by them be amended by adding employees of the Kansas Department of Transportation and Kansas Highway Patrol, is GRANTED.
ATOMIC SAFETY AND LICENSING BOARD n*-
m JAM 5 A. LAURENSON' '
CH IRMAN DR. GEORGE C. ANDERSON and DR. HUGH C. PAXTON concur in this ORDER.
i Dated May 5, 1983 l
Bethesda, Maryland.
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