ML20028B839
| ML20028B839 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/03/1982 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-SP, NUDOCS 8212070049 | |
| Download: ML20028B839 (33) | |
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PROCEEDINGS BEFORE 9
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD DKT/ CASE NO.
50-242 Se ena 30-28e Sr CONSOLIDATED EDISON COMPANY OF NEW YORK TIILE (Imaien gaine Unie 23 - GONER AUTnORITY OF TuE STATE OF NEW YORK (Indian Point Unit 3)
- Washington, D. C.
O DATE Decem$er.3, 1982 PAGES 48ss - 4888 rW
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(202) 628-9300 440 FIRST STREET, N.W.
WASHINGTON, D.C. 20001
4856 UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION 2
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Q
3
- - - - - - - - - - - - - - - - - - - - -x 4
s S
In the Matter ofs s
6 CONSOLIDATED EDISON COMPANY OF NEW YORK s
Docket Nos.:
s 7
(Indian Point Unit 2) 50-247 SP q
s 50-286 SP POWER AUTHORITY OF THE STATE OF NEW YORK 8
9 (Indian Point Unit 3) a
- - - - - - - - - - - -x 10 In the Offices of 11 Alderson Reporting 440 First Street, N.W.
12 Washington, D.C.
O Fridar, De=e her 3,
,982 14 The telephone conference in this special 15 investigative proceeding was convened, pursuant to 16 recess, at 3:30 p.m.
17 BEFORE:
18 JAMES P.
GLEASON, Chairman Administrative Law Judge jg OSCAR H.
PARIS 20 Administrative Law Judge 21 FREDERICK J. SHON Administrative Law Judge 22 23 O
24 26 O
-.oN ___.,m 440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 0264300
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1 APPEARANCES:
2 On behalf of Licensee, Consolidated Edison Company of New Yorks O
3 BRENT L.
BRANDENBURG, Esq.
4 Assistant General Counsel Consolidated Edison Company of New York, Inc.
5 4 Irving Place New York, N.Y.
10003 8
On behalf of Licensee, the Power Authority of the 7
State of New Yorks 8
JOSEPH J.
LEVIN, Esq.
Morgan Associates, Chartered 9
1899 L Street, N.W.
Washington, D.C.
20036 10 Union of Concerned Scientists:
11 JEFFREY BLUM, Esq.
New York University of Law 12 40 Washington Square South, Room 423 New York, N.Y.
10011
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On behalf of the Nuclear Regulatory 14 Commission Staff JANICE MOORE, Esq.
15 DONALD HASSLE, Esq.
Washington, D.C.
18 17 18 19 20 21 22 23 24 25 O
ALDERSON REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) M
4858 1
E E O. C E_ E D_ 1 1 g E 2
JUDGE GLEASON:
This is Chairman Gleason.
3 Will the parties iden tif y themselves, starting 4
with the Licensee.
5 MR. BRANDENBERG:
This is Brent Brandenberg 6
for Con Edison.
7 MR. LEVIN:
This is Joe Levin in Washington 8
for the Power Authority.
9 CHAIRMAN GLEASON:
The staff, please?
10 MS. MOORE:
This is Janice Moore for the 11 sta f f.
12 CHAIRMAN GLEASON:
For Intervenors?
13 MR. BLUMa Jeff Blum.
14 CHAIRMAN GLEASON This is a telephone 15 conference requested by the licensees to consider 1c licensees' motion to dismiss certain contentions.
I 17 don 't think th a t we have to have a lot of conversation 18 about it.
I think we all have the motion and we 1g understand it.
20 I think, really, unless the licensees have 21 anything to add to what they have sent in, I would like 22 to go right to Mr. Blum and get his response to the 23 motion.
24 MR. BLUMs Thank you, Mr. Chairman.
Can you 25 hear me fairly well?
O ALDER 8oN REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 03S4300
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1 CHAIRMAN GLEASON:
We are having to stress a 2 little bit.
3 MB. BLUM4 The first point is that the
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4 UCS/NYPERG position on Question 2 is not accurately 5
represented ln the licensees' pleading.
We have no 6 intention of abandoning and not presenting some sort of 7 case on Question 2, or Contention 2.
8 What has happened is that we tried to get one g particular witness in the period right before 10 interrogatory answers, and when that witness fell 11 through, I called up Mr. Scoville and told him that we 12 had no witness for Question 2, and that I would call him 13 promptly if it changed.
O We were still assuming that we had a December 14 23rd deadline for filing testimony, and I thought that 15 16 it was f airly clear that we were not making a commitment to abandon our rights in the case under Os.estion 2.
I 17 think it was a case of misunderstanding based on the 18 19 fact that we were dealing, perhaps, more informally than we should ha ve.
20 CHAIRMAN GLEASON:
Wha t is your situation 21 currently, Mr. Blum.
22 MR. BLUM The situation is that we have been 23
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doing fairly extensive research, trying to get a summary 24 25 of the state of knowledge within the NRC on the two
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ALDERSoN REPORTING COMPANY,INC.
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1 remaining issues.
We have a deposition set up on 2 Tuesday morning in Washington where we will be finding l
3 out something about the kind of testimony that the staff
[}
l 4
will be putting on.
5 CHAIRMAN GLEASON:
Where do you stand with 6
respect to furnishing a list of witnesses?
7 MR. BLUM:
On Question 27 8
CHAIRMAN GLEASON:
Yes.
g MR. BLUM:
We do not have a list of witnesses 10 to give right now.
There is the possibility of having a 11 witness who will mainly present a compilation of 12 documents, and will testify not as a matter of personal 13 experience but on an on-going study.
O 14 CHAIRMAN GLEASON:
I would ask if licensees 15 would like to have the name of the witness at the 16 present moment?
17 MR. BRANDENBERG4 This is Brent Brandenberg 18 for Con-Edison.
Yes, we would like to have the name of 19 the witness.
CHAIRMAN GLEASON:
Do you want to get it over 20 l
21 the telephone?
22 MR. BRANDENBERG:
The Board's original order 23 requires that the names of witnesses be furnished by
(
November 19 24 CHAIBHAN GLEASON:
I understand that.
I am 25 O\\)
ALDERSON REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON D.C. 20001 (202) N
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asking you if you want the name of the witnesses now, 2 despite what the Board's has indicated in its order of 3 November 24, because we would allow the extension
(])
4 anyway.
5 MR. LEVIN:
Your Honor, this is Joe Levin of 6 the Power Authority.
I could not hear Mr. Brandenberg, 7 although I heard him speaking.
It would be helpful, on 8 behalf of the Power Authority, if I hear Your Honor g correctly that he would allow an extension until today 10 for intervenors to submit the name of their witnesses on 11 Question 2 contentions.
12 CHAIRMAN GLEASON:
They have indicated that 13 they have them available right now.
I would suggest 14 that we go ahead and have Mr. Blum give you the name of 15 the witnesses, and then he can follow that up with a 16 vritten comm unica tion to you.
MR. LEVIN:
I would like to preserve our 17 18 objection to their missing the schedule, however, it would be h31pful to have the name of their witnesses.
is CHAIRMAN GLEASON:
Iell us who your witnesses 20 21 are, please, Mr. Blum.
MS. BLUM:
The one witness 's identity we now 22 have, who would present the so rt of limited testimony 23 24 that I have described earlier, is Steve Sholly.
In addition to him, we are going to be trying to contact 25 O
ALDERSoN REPORTING COMPANY. INC.
440 FIRST ST., N.W., WASHINGTON D.C. 20001 (202) M
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1 other witnesses.
2 What we are also going to be doing is giving 3
some sort of written submission to the Board and all
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4 parties approximately a week from now, reporting on the 5
state of our progress with regard to the Commission 6 Question 2, and possibly requesting different courses of 7
action be taken.
That will not be prepared for about a 8
week, though.
9 MR. LEVIN:
Your Honor, Mr. Blum's suggestion 10 that he will put Mr. Sholly on the witness stand to 11 introduce literature, which is what I understand him to 12 be saying, on this point is completely inadequate to 13 address the concerns that are expressed in the 14 contention.
15 We cannot cross-examine the documents, and we 16 certainly cannot cross-examine Mr. Sholly if he is not 17 being presented as an expert on these points.
18 CHAIRMAN GLEASON:
Mr. Blum, do you have a 19 response to that?
20 MR. BLUM:
We would hope that to the extent 21 they are actual experts, using documents that are very l
22 relevant to the questions, and such testimony is not 23 subsumed in what the staff is presenting, we would hope 24 that these persons could then be made available to the 25 hearing somehow.
We will be trying to contact some of O
ALDERSON REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) N
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these people, looking into different ways of possibly 1
2 getting them to the hearing.
3 JUDGE PARIS:
Mr. Blum, by these persons, are
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4 you referring to NRC employees or consultants?
5 MR. BLUM What I was thinking of right nov 6 was consultants.
There is one person who is not a 7 consultant, who we may wish to talk with agata.
We have 8 talked to him once.
9 CHAIRMAN GLEASON:
Excuse us a moment.
10 (Off-the-record.)
11 CHAIRMAN GLEASON:
This is Chairman Gleason, 12 again, can you all hear me?
13 MR. LEVIN:
Yes.
g V
CHAIRMAN GLEASON:
It seems to the Board, Mr.
14 15 Blum, that for some reason you are having some kind of a i
16 difficulty in complying with the schedule that has been 17 laid down by the Board.
Ordinarily this would be 18 addressed by requests for extensions of time, which we 19 have not received from you.
The response today indicates that you have one 20 21 witness who is going to be in the position of 22 introducing documents.
I assume from that that he is 23 not in a position of testifying himself.
Then you want 24 to get other witnesses.
That kind of a procedure is not 25 fair to any.one in the proceeding, and certainly it does f
ALDERSoN REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 8264300
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1 not meet the requirements of the schedule that has been 2 issued by the Board.
3 Do you have any comment on that, or any
(])
4 further comments to help us make some kind of a 5
determination?
6 MR. BLUM Yes, Judge Gleason.
I am sorry if 7 it appears that way.
I had understood that we had a 8
December 23rd deadline for filing testimony, and that is 9 what we have been working toward as the deadline.
We 10 were slowed up a little bit by having to devote time in 11 answering a significant number of interrogatories.
12 What is the particular deadline that we 13 missed?
O 14 CHAIRMAN GLEASON:
The particular deedline is 15 tha t you were supposed to submit a list of witnesses by 16 November 29, and then you were have answers to the 17 interrogatories filed by December 2nd.
We are concerned 18 right at the moment with respect to the list of 19 witnesses.
20 It sounds to me like you need some more time, 21 and I guess the question that we are asking is -- this 22 matter goes to hearing on January 18, and we are asking how much more time you require to get your list of 23 witnesses to the Board, the staff, and the other 24 25 parties.
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JUDGE PARIS This is Judge Paris.
Mr. Blum, 1
2 wha t Judge Gleason just mentiond was given in our 3 November 24 letter in which we modified the schedule
({}
4 with respect to discovery as it involved UCS.
Did you 5 read that?
I 6
MR. BLUM:
Yes, I did, Judge Paris.
My t
7 understanding was that that was the deadline for 8 providing answers to the interrogatories, including an g earlier answer to interrogatories asking what witnesses 10 we had at that time.
I have been operating.under the i
11 assumption that we had a continuing duty to supplement 12 our answers on that.
13 MR. LEVINa This is Joe Levin for the Power O
14 Authority, Your Honor.
The order also instructed UCS that they would 15 16 provide the list of witnesses it plans to present on 17 Questions 1, 2,
and 5, including the qualifications, and 18 a listing of the documents each witness relied on in his or her testimony.
This was November the 29th, and we 19 20 are beyond that.
I don 't know where Mr. Blum gets his 21 reasons for not knowing that this was the date.
This is an extension, obviously, of the prior deadline, which I 22 believe was November the 19th.
23 CHAIRMAN GLEASON:
Just a minute.
We a re 24 25 going to put you on hold for a minute, because this is O
ALDERSON REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON. D.C. 20001 (202) N
4866 1
something that the Board wants to discuss.
We will be 2
right back with you.
3
( Off-th e-reco rd. )
4 CHAIRMAN GLEASONS Mr. Blum.
5 MR. BLUM4 Yes.
6 CHAIRMAN GLEASON:
This is Chairman Gleason 7
again.
Would you give an estimate of time as to when or 8
at what point you will be able to respond to the order 9 of the Board of November 24th to furnish the list of 10 witnesses on Contentions 1, 2,
and 5?
11 MR. BLUM4 We could give a complete list of 12 witnesses for Question 2 one week from today, if that 13 would be all right.
O 14 CHAIRMAN GLEASON:
From today?
15 MR. BLUM:
Yes.
16 CHAIRMAN GLEASON:
Mr. Levin.
l 17 MR. LEVIN:
Yes, Your Honor.
18 CHAIRMAN GLEASON:
I think you come in very 1g clearly, so it is easier to talk to you, and I hope that 20 the others can hear you and they can hear me.
(
21 What is your feeling about that?
One week 22 from today, Mr. BUlm says that he can get a list of 23 witnesses in on Question 2.
24 MR. LEVIN:
Your Honor, the policy, of course, 25 underlying the schedule was to give us an adequate O
ALDER $oN REPORTING COMPANY,INC, 440 FI AST ST., N.W., WASHINGTON, D.C,20001 (202) 628 9300
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1 amount of time to do our discovery, take depositions, l
2 and get prepared for the Question 2 contention portion 3 of the case.
s
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l 4
CHAIRMAN GLEASON:
Right.
5 MR. LEVIN:
We are weeks beyond what the Board 8 originally scheduled for that, and we will be a further 7
week beyond it with a deadline on us, that is on the licensees and the staff, I believe, to complete
~
8 g depositions by December the 16th.
10 At apparently no cost to the interveno rs, it H
We'f[ndtha't
~, l 11 costs us more and more time.
~
l l
12 objectionable, and stick by our present' position which.
13 is outlined in our motion that the intervenors have
()
14 failed thoroughly to comply with the Board's order.
15 They have failed tho ro ughly to come forward with an affirmative case on the Question 2 contentions, and they 16 17 ought to be dismissed.
CHAIRMAN GLEASON:
Mr. Levin, you have made 18 those kinds of objections on the record.
We are in kind 19 of an unof ficial sta tus in discussing this aspect 20 because you have to make other motions based on the 21 l
l 22 a rg um en t you are raising now.
MR. LEVIN:
That is the theme of our motion to 23
~
dismiss the contentions.
24
,q CHAIRMAN GLEASON:
You are s little behind.
25 O
ALDERSoN REPORTING COMPANY. INC.
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1 You indicated that they were not going to furnish their 2 witnesses.
3 MR. LEVIN:
That is right.
[]}
4 CHAIRMAN GLEASON:
The answer to that is 5
incorrect with regard to that aspect to the motion.
6 MR. LEVINs I would respectfully disagree with 1
i 7
Your Honor's view of it.
8 Ihe fact that they were not going to furnish l
~
9 any was simply a factor that we assumed to be apparent i
10 from the f act that they had not, as the Board required, I
l 11 provided us,with their list of witnesses on November --
l 12 I have los the date now, but whatever the last date was 13 that they r
.pposed to provide their list of O
14 witnesses -- November 29th, and the representations, as 15 I understand it, both to the counsel for the staff and 10 to.dr. Scovill.
4e a rb still dealing with the underlying 17 18 policy hera, and.,I understand your position on it, but we have the difficulty now of preparation.
At no cost 19 l
20 to the intervenors, we are now being asked to sacrifice 1
21 weeks of pceparation time.
~
I am making an oral motion that these 22 23 cyntentions be struck.
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CH AIRM AN GLEASONs I am not going to consider 24 25 any oral motion, so don ' t even make them.
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ALDERSON REPORTING COMPANY. INC.
MO FIRST ST., N.W., WASr4'NGTON, D.C. 20001 (202) 8284300
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m) i MR. BRANDENBERGs Yeur Honor, this is Brent i
2 Brandenberg for Con-Edison, 3
CHAIRHAN GLEASON:
es, Mr. Brandenberg, I, va s
(])
4 going to hear from you.
Go ahead.
HR. BRANDENBERGs I'think it is of some value 5
6 to all of as to keep in mind 'tha t' Mr. Blum had s
7 originally committed to giving us his Question 2 8 witnesses through his participa tion in the schedule g committee at our hearing conference l'n November on the 10 19th of November.
That was the date that all of us had 11 agreed to on this information regarding Question 2.
12 Any further delay beyond that would, indeed, create great difficulties for licens'ees to file 13 O
14 testimony on Commission Question 2. on the January 7th date, and to be prepared for a, hearing on that subject 15 i
16 on January the 18th.
If we were to accommodate Mr. Blum in this 17 18 regard, we are adding to an already very ambitious time I'bhlieve Judge Paris pointed out, would schedule, as jg 20 get 'ac back to hearings on the 18th of January even 21 further.
I just don't believe that in fairness to us, 22 and in order to prepare our case for the hearings to 23 (m
resume on January the 18th, that we really have adequate 24 time to make the discovery that will be required, and so 25 O
ALDERSoN REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON. D.C. 20001 (202) 8264300
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1 forth particularly if any f urther extansions are given 2
to Mr. Blum.
3 CHAIRMAN GLEASON:
The Chairman understands
(])
4 the difficulties that the delay puts you in.
What we 5
are trying to do is to work something out in a practical 6 manner, and this will require, you know, some 7 cooperation on the part of all parties.
8 MS. MOORE:
Mr. Chairman, this is Janice Moore g
for the staff.
10 CH AIRM AN GLEASON4 All right, Ms. Moore.
11 MS. MOORE:
It is the staff's position that we 12 would oppose having the contentions dismissed at this 13 time.
But I want to express the concern thet with a O
14 continued axtension of time for the submission of a 15 witness list, we will be effectively precluded from 16 discovery in that if the witness list doesn 't come in 17 until the 15 th, and UCS's testimony is due on the 23rd, i
18 it may not be possible to schedule depositions of those 19 witnesses within that timeframe.
We had previously been at loggershead on the 20 question of whether one could take depositions af ter the 21 l
22 filing of direct testimony, and I see that same fight 23 looming again.
I would suggest that if an extension of time 24 is grantd to Mr. Blum to provide a witness list, that he 25
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ALDERSoN REPORTING COMPANY,INC.
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1 must be willing to agree that depositions may have to be
)
2 taken after his witnesses' direct testimony has been 3
filed.
4 CHAIRMAN GLEASON:
Will you respond to that, 5
Hr. Blum?
6 MR. BLUMa Yes, Judge Gleason.
7 I think we would consent to that.
We would 8 ask that good faith be exercised in trying to
..t up th e g depositions before the 23rd.
In the event that they have to occur af ter the 10 11 23rd, we would ask that the pre-filed testimony not be l
12 in front of the deponents while they are asking l
13 questions.
Beyond that, we would consent to Ms. Moore's
()
l 14 request.
I CHAIRMAN GLEASON:
Hang on a minute, we are 15 l
t 16 going to put you on hold for a minute.
1 (Off-the-record.)
17 CHAIRMAN GLEASON:
We are back together.
18 The Board has decided to consider or we have f
19 decided to grant an extension of time, based on, 20 21 presumably, a misunderstanding as to the established 22 date to file the list of witnesses on the part of Mr.
23 Blum, or on the part of UCS.
With respect to Contention 2, we would grant 24 en extension to UCS to provide a list of wi tne sse s, an 25 1 ()
l ALDERSoN REPORTING COMPANY,INC.
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1 extension to December the 10th.
We vill require UCS to 2
place in the hands of all the parties that list of 3
witnesses on that date.
So it will have to be done by
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4 telephone, with confirmation by wire or some expedited 5
method of service.
We will grant an extension to December 23rd as 6
7 the final date for taking depositions, and also for 8
filing testimony 9
Excuse me.
December the 23rd will be the final date for 10 11 taking depositions, and December the 28th will be the 12 final date for filing testimony.
13 MR. BRANDENBERG:
December 28th, Mr.
O 14 Chairman?
CHAIRMAN GLEASON:
December the 28th, that is 15 16 right.
NR. BRANDENBERG:
This is by whom?
17 CHAIRMAN GLEASON:
That is by everyone.
18 MR. LEVIN:
Mr. Chairman, this is Joe Levin of 19 20 the Powe r Authority.
The December 23rd date that you give, I take 21 22 it that that is the final date for the licensees to take the depositions of the UCS/NYPERG witnesses, and that 23 24 UCS/NYPERG is bound by the schedule already established 25 by the Board.
O ALDERSoN REPORTING COMPANY,INC.
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CHAIRMAN GLEASON:
They will go ahead with the 1
2 schedule currently established.
I understood Mr. Blum 3
to indicate that they have those worked out with you.
(])
4 MR. LEVIN:
Your Honor, this is Joe Levin 5 again.
6 You said the 28th is for the filing of all 7
testimony.
I would point out, however, that the 8 licensees under the present schedule are required to g
respond to the Question 2 contention testimony, or the 10 Question 2 issues on January the 7th, 1983.
Your Honor, 11 is that altered in some way?
12 CHAIRMAN GLEASON:
No, that is not altered.
13 Just hold'on for a minute.
14 (Off-the-record.)
15 CHAIRMAN GLEASON We would require the filing 16 of testimony on the part of the parties sho have to 17 carry the contentions that are filed on the 28th.
We 18 could extend, if the licensees want, for a short period 19 of time the filing of their testimony, which as indicated is now due on the 7th of January.
20 21 We could not extend it for long because we go 22 to hearing, and the hearing is supposed to start on the 23 18th.
I would like to hear f rom the licensees on 24 25 that.
O ALDERSoN REPORTING COMPANY,INC.
440 FIRST ST N.W., WASHINGTON, D.C. 20001 (202) 038 0300
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ER. BRANDENBERG This is Brent Brandenberg 2
from Con-E11 son, Mr. Chairman.
3 I might suggest that under the December 28th 4
date, the intervenors would be provided another five 5 days from the December 23rd date originally set forth 6
for the filing of their testimony on Question 2.
7 I might just suggest that we, as licensees, be 8 given a similar five-day extension, which would give us g
until January 12th to file our testimony on this 10 Question 2.
11 CHAIRMAN GLEASON:
That is all right with the 12 Board.
13 MR. LEVINa Your Honor, this is Joe Levin, O-14 again.
That would indeed be helpful to the licensees, 15 and to the Power Authority particularly.
There is another question, or actually a 16 17 request, and that is, at least the Power Authority is by no means assured that UCS/NYPERG will have witnesses.
18 l
gg We have Mr. Blum sayinq that he is contemplating 20 witnesses, but we have no names yet.
21 Therefore, we would request that the Board 22 hold in abeyance our motion to dismiss these contentions until we can learn whether witnesses will actually 23 24 appear.
1 CHAIRMAN GLEASON:
The Board will do that, Mr.
25 l O l
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1 Levin.
2 MR. BRANDENBERG Mr. Chairman, this
.s Brent 3 Brandenberg, again, from Con-Edison.
I have one further
{}
4 question.
5 Mr. Blum has said that he is conf used about 6 his obligations as far as identifying witnesses.
I 7 notice that under the undisturbed portion of the Board's 8 November 15th order, we, as licensees, and indeed all g parties are required to notice our depositions under 10 Commission Question 1 no later than December 10.
Of
/
11 course, as things ostensibly stand, none of the 12 intervenors have identified any witnesses under 13 Commission Question 1.
O CHAIRMAN GLEASON:
I was going to proceed to 14 15 that next, Mr. Brandenberg.
If we can get Question 2 16 resolved, then we can proceed to what other 17 complications we have.
MR. BRANDENBERGs If that is your pleasure, 13 19 Mr. Chairman.
The only remaining question I have under 20 I
21 Question 2 is the contention 2.2(b), which is a l
22 contention that proposes some specific remedies for 23 pressurized thermal shock.
We have been advised by Mr. Fleischer, as 24 indicated in our motion, that unlike Mr. Blum, he is not 25
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ALDER $oN REPORTING COMPANY,INC.
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only not trying to iden tif y any witnesses for that 2
contention, but he does not have any desire to pursue 3
this further.
4 CHAIRMAN GLEASON We have been advised 5
telephonically by Mr. Fleischer that he will not have 6 any witnesses with respect to 2.2(b), but he will be 7 having a witness with respect to 2.2(a).
8 MR. BRANDENBERGs That is our understanding, 9
Mr. Chairman.
10 CHAIRMAN GLEASON:
We have asked that he put 11 that in writing and send that to the Board.
So as soon 12 as we receive that, we will take action with respect to 13 2.2(b).
All right?
O 14 MR. BRANDENBERGs Eine.
15 CHAIRMAN GLEASONs All right, now as to 16 Question 1 17 MS. MOORE:
Mr. Chairman, excuse me for 18 interrupting.
19 CHAIRMAN GLEASON:
I am sorry, I should have 20 asked Mrs. Moore if she had any problems.
21 MS. M00BEs No, I don't have any problems.
I n am just checking to make sure that the hearing date on 23 Question 2 then remains on January the 18th, is that 24 correct?
CHAIRMAN GLEASON:
Yes, even if the Board has 25 O
ALDERSON REPORTING COMPANY. INC.
440 FIRST ST., N.W., WASHINGTON. D.C. 20001 (202) 028 0300
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1 to be there all h) themselves.
2 MS. MOORE:
Yes, sir.
3 MR. BLU3:
Your Honor, this is Mr. Blum.
{^}
4 CHAIRMAN GLEASON:
Yes, Mr. Blum.
5 MR. BLUM I have one question.
8 If the licensees' notion to dismiss the 7 contentions were granted at some future date, what would 8 be the prs:tical effect of this, given that the staff is g still presenting testimony on these specific issues 10 before the Board.
11 I am wondering,-vould the granting of the 12 motion reduce the Board 's ability to consider this issue 13 in its finsi decision?
h 14 CHAIRMAN GLEASON:
I really don't like to 15 respond to that.
The licensees and the staff have to 16 present testimony on the Commission's questions.
The Board has the question on Question 2, and we expect 17 18 responses to that.
But I would rather not get into what 19 is going to happen if something occurs, other than that 20 statement.
Mr. Blum, do you understand now your 21 responsibilities with respect to your part of Contention 22 27 23 MR. BLUM:
Yes, I do, Your Honor.
24 CHAIRMAN GLEASON:
It is agreeable with you?
25 l O ALDERSoN REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 02H300 t
4878
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1 MR. BLUM:
Yes, it is.
2 CHAIRMAN GLEASON:
Fine.
3 Now what problems are to be raised with
(])
4 respect to contention 1 by the licensees?
5 MR. BRANDENBERG4 Under the Board 's order, Mr.
6 Chairman, that portion which has not yet been disturbed 7
by any subsequent order of the Board, Mr. Blum and 8 UCS/NYPERG were required to identify witnesses under g
Commission Question'1 and 5.
I 10 CHAIRMAN GLEASON:
Let me ask the question of 11 Mr. Blum, then.
12 NR. BRANDENBERGa We were to -- Under the 13 Board's November 15th order, we were to notice the O
14 depositions under Commission Question 1 no later than 15 December 10.
We still as of today do not have any 16 witnesses f rom UCS/NYPERG, or any of the other 17 intervenors I might add, under Commission Question 1 or l
18 the contentions thereunder.
19 CHAIRMAN GLEASON Mr. Blum.
I 20 HR. BLUM:
Could I first ask a clarifying l
21 question of Mr. Brandenberg?
l Is it true that you don't have notice of Isaac 22 23 Levy, because if you don't that should be provided very 24 soon.
It was my understanding that notice had been 25 provided by another intervenor.
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ALDER 8oN REPORTING COMPANY. INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 828 8300
4879
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1 CHAIRMAN GLEASON:
Do you want to respond to 2
that, Mr. Brandenberg?
3 MR. BRANDENBERG I did not hear Mr. Blum, I
(])
4 am afraid, Mr. Chairman.
5 MR. LEVIN:
Mr. Chairman, this is Joe Levin
)
6 again.
7
.I believe that another intervenor, and I will 8 have to go back and check the record on this, may well 1
s have indicated that such a person would be a witness 10 under Question 1.
But I do not think that it was UCS or i
11 NYPERG.
12 CHAIRMAN GLEASON:
Mr. Blum.
13 MR. BLUM:
Yes, Judge Gleason.
l l
C) 14 CHAIRMAN GLEASON:
Could you provide the Board with some kind of an estimate of when you might be able 15 18 to file witnesses on Question 17 17 MR. BLUM:
Would December 24th be adequate for 18 the Board's purposes?
CHAIRMAN GLEASON:
All right.
19 MR. LEVIN:
Your Honor, this is Joe Levin.
20 21 The date for noticing deposition s --
CHAIRMAN GLEASON:
Don't remind me of our 22 order of November 23 rd again, please.
23 f's MS. MOORE:
Mr. Chairman, this is Janice
'V 24 1
25 Moore.
l ALDERSoN PEPoMTING COMPANY,INC.
M0 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) M
4880
()
1 I think there is an additional problem with 2
that date.
We commence our hearing schedule on January 3 7th, and notice the witnesses by the January 14th, and 4
file our testimony by the 24th of January.
I really 5
think that, as a practical matter, it precludes any 6
depositions of UCS/NYPERG's witnesses.
7 CHAIRMAN GLEASON:
Ms. Moore.
6 MS. MOORE:
Yes, Mr. Chairman.
9 CHAIRMAN GLEASON:
I am not sure whether you 10 received notice, but you know the hearing on the 11 emergency planning issues has been rescheduled to 12 January 10th.
13 MS. MOORE:
Yes, I understand that, but we
)
14 will be entering a very tough hearing schedule by 15 Jan ua ry 10th, and if we don't get the witness list until 16 January 24th CHAIRMAN GLEASON:
No.
17 18 MS. MOORE:
It is December 24th, I am sorry.
19 I mispoke.
You are effectively giving everyone perhaps 20 21 eig ht days, excluding the week between Christmas and New l
22 Year when it is very hard to get anybody available, to take those depositions before the hearing starts in 23
()
24 which most of us, I believe, are going to be involved.
CHAIRMAN GLEASON:
Hang on just a minute 25 O
ALDER 8oN REPORTING COMPANY,INC.
M0 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 038 0300
4881 1
please.
2 (Off the record.)
3 CHAIRMAN GLEASON:
Mrs. Moore.
(])
4 MS. MOOREs Yes, Your Honor.
5 CHAIRMAN G1EASON:
If we extended the date for 6
the filing of witnesses until the 17th of December, does 7
that alleviate the problem a bit?
8 MS. MOOREs A bit.
9 MR. BRANDENBERGs Mr. Chairman, this is Mr.
10 Brandenberg again.
11 I am looking at the schedule, and I notice 12 that at the end of December, in addition to preparing 13 for the January 10th hearing, which will involve 14 reviewing new testimony from the Westchester County 15 people, the Board has also directed the parties to 16 extensively brief the contentions under Commission 17 Questions 3 and 4,
and the reformulation of those.
l 18 We will indeed, as Mrs. Moore quite correctly 19 points out, be very, very busy already in the last weeks 20 of December and the first week of January.
CHAIRMAN GLEASON:
Mr. Brandenberg, nobody has 21 indicated and no one made an assumption that averyone in 22 23 this case is not going to be very, very busy for the O
24 next seven months.
25 What we are trying to do is to work out a ALDERSoN REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 8264300
4882 1
reasonable extension of time for the filing of witnesses 2 on Question 1.
()
3 MB. BRANDENBERGs Yes.
4 CHAIRMAN GLEASON:
It seems to me that if we 5 do extend this date to the 17th of December, it still 6
gives us enough time for the parties to do what they 7 have to do in connection with those witnesses.
8 Will you hang on for just a minute, please.
g (Off-the-record.)
10 CHAIRMAN GLEASON:
We are back together again, 11 is everybody around.
12 MS. MOOREa Yes.
13 CHAIRMAN GLEASON:
Mr. Blum, are you tnere?
l 14 MR. BLUMa Yes.
15 CHAIRMAN GLEASON:
Mr. Blum, the Board is 16 quite concerned with having to make the changes in the 17 schedule, and we are also concerned that we have to do l
18 this, because of the time problem, in a telephone 1g conference.
The Board is able to extend the time period 20 21 for refill:.g you witnesses with respect to Question 1 22 until December the 17th.
We will not and see no reason 23 for changing any other part of the schedule.
There is a C:)
l 24 date in there of December the 10th for the filing and 25 noticing depositions on Question 1.
We can just ignore i
ALDER 8oN REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON D.C. 20001 (202) 03H300
4883 1
that, and not put a new date in, because you people 2 ought to be working that out in any event.
3 This is what our thinking is, and the Board is
()
4 prepared to finalize that ruling.
Do you want to make 5
any comment on it?
6 MR. BRANDENBERG:
Mr. Chairman, this is Mr.
7 Brandenberg from Con-Edison.
8 MR. BLUM:
That ruling seems quite fair.
9 CHAIRMAN GLEASON4 Mr. Brandenberg, I am 10 asking Mr. Blum to respond.
MR. BRANDENBERGs I understand.
11 12 CHAIRMAN GLEASOHz Go ahead, Mr. Blum.
13 MR. BLUM:
That ruling seems quite fair, Judge
()
14 Gleason.
The only way we would have any difficulty in 1
15 meeting the December 10th deadline for noticing i
depositions would be if the licensees were refusing to 16 give us specific identities of people.
In this case, we 17 would have to notice them by job category.
We assume 18 19 that that notice would be adequate for meeting the 20 December 10th deadline.
CHAIRMAN GLEASON:
Yes.
21 MR. LEVIN:
Your Honor, this is Joe Levin.
22 I believe we have already identified --
23 CHAIRMAN GLEASON:
They have already filed 24 their list of witnesses, so you shouldn't have any l,
25 l
l ALDERSoN REPORTING COMPANY,INC.
440 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) N
4884 1
problems meeting that.
2 MR. BLUHs That is true, with the list of 3
witnesses.
The only problem would be if there were one 4
person responsible for some aspect of plant operation 5
who was not a witness.
6 CHAIRMAN GLEASON:
I think, in that event, I 7
am sure that they would attempt to work it out.
8 MR. BLUM:
Yes, I believe that.
9 CHAIRMAN GLEASON4 If they didn 't, of course, 10 we would be available for some kind of motion.
11 MR. LEVIN:
Your Honor, this is Joe Levin.
12 I am not sure what -- Is Mr. Blum suggesting 13 tha t he might wish to take the depositions of persons l O 14 that the licensees do not intend to present as 15 witnesses?
16 CHAIRMAN GLEASON:
Mr. Blum.
I 17 MR. BLUM:
We don't now have plans to do that, 1
18 but it occurs to me that it could come up during the 19 next week, when we are discussing it, and that was the 20 only conceivable problem I foresaw.
21 CHAIRMAN GLEASON:
Let's not create more 22 problems than we have, Mr. Levin.
23 MR. LEVIN:
I didn't create it, Your Honor.
I 24 was just trying to find out what we were talking about.
25 CHAIRMAN GLEASONs I would leave it where it O
ALDERSoN REPORTING COMPANY,INC.
MC FIRST ST., N.W., WASHINGTON. D.C. 20001 (202) 8384300
4885 1
is.
2 Mr. Brandenberg.
3 MR. BRANDENBERGa Yes, Mr. Chairman, thank l
(])
4 you.
5 I was trying to suggest that in addition to 6 receiving the identity of the witnesses on Commission 7 Question 2 on December 10, and on Commission Questions 1 8 and 5 on December 17 --
9 CHAIRMAN GLEASON:
I didn't say anything, Mr.
10 Brandenberg, on Question 5.
I said on Question 1.
11 MR. BRANDENBERG:
With request to Question 1,
12 it would be useful to us, and it would permit us to 13 start the depositions to which Mrs. Moore referred much 14 soone after that, if at the same time Mr. Blum identified his witnesses, he also supplied with copies 15 or the identification of the documents upon which those 16 witnesses would be relying in their testimony.
17 CHAIRMAN GLEASON:
I believe that is in the 18 19 order, and I believe that part of the order remains 20 unchanged.
In other words, when we say, identify 21 witnesses, we mean identify witnesses with their 22 qualifications and the list of documents on which they 23 are going to rely.
MR. BRANDENBERGs Fine.
24 CHAIRMAN GLEASON:
There hasn't been any 25
}
ALDERSoN REPORTING COMPANY. INC.
440 FIRST ST., N.W WASHINGTON, D.C. 20001 (202) 828 4300
4886
)
1 change in that aspect of the November 24th order.
2 MR. BRANDENBERG If that is the case, Mr.
3 Chairman, thank you.
(}
4 CHAIRMAN GLEASON:
All right.
5 MR. BLUM Judge Gleason.
O CHAIRMAN GLEASON:
Yes.
7 MR. BLUMs This is Mr. Blum, and I have one 8
question relating to discovery under Commission Question 9
1, which might head off another conference call, if we 10 could resolve it now.
11 I have gotten some indication that a motion is 12 being prepared objecting our interrogatory answers that 13 we delivered in late July, around July 18th.
The normal O
14 rule for proceeding is 10 days during which to deliver 15 such objections after the interrogatory answers are 16 filed, that might be altered somewhat for this 17 proceeding.
l 18 The question I ha ve, is there any way that the 1g motion objecting to interrogatory answers in late July l
20 would not be considered timely?
21 MR. LEVIN:
Joe Levin, Your Honor, for the i
22 Power Authority.
I think M r. Blum is asking for an l
23 advisory opinion.
CHAIRMAN GLEASON:
I think he is, too, and I 24 25 am not prepared to give it.
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ALDERSoN REPor'.4G CoMPAhY INC.
440 FIRST ST., N.W., WASHINGTON. D.C. 20001 (202) 838 4300
4807
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1 I am not prepared to anticipate anything that 2
any of the parties are going to do, Mr. Blum.
3 MR. BLUM Thank you, Judge Gleason.
(}
4 CHAIRMAN GLEASON:
All right, is there 5 anything else to be brought before us at this point that 6
relates to this notion?
7 (No response.)
8 CHAIRMAN GLEASON:
All right, I take it that 9 the silence is a unified no.
10 Judge Paris wants to say something.
11 JUDGE PARIS Mr. Blum, I want to express to 12 you the view of one third of the Board.
I as concerned 13 with respect to your inability to meet deadlines.
()
14 I simply want to remind you that under NRC 15 practice and procedure, and based on rulings of the f
16 Appeal Boards, certain intervenors have been given a 17 good deal of license by Licensing Boards to be less than 18 precise in their pleadings, but this leniency is not i
tg normally extended to experienced attorneys.
I know that you came into this proceeding as 20
(
21 an inexperienced sttorney in NRC proceedings, but it has 1
i 22 been going on long enough so tha t I don' t think we can consider you as inexperienced by now.
23
()
I would certainly hope that in the future you 24 would pay great attention to deadlines, and if you can't l
25 l
menSoN awoaT-a co-Nv..c.
l 440 FlaST ST., N.W., WASHINGTON, D.C. 20001 (202) 8264300
4888 1
meet them, then act in the appropriate manner for an 2
attorney, so that we vill avoid this sort of moss in the 3
future.
O 4
MR. BLUM Thank you, Judge Paris.
5 CHAIRMAN GLEASON:
That is going to conclude 6
the conference call.
7 I believe Judge Paris speaks for the other 8
member of the Board and for the Chairman.
I hope that 9
this will be the last conference call.
Good bye, 10 gentlemen.
11 (Whereupon, 4425 p.m.,
the conference call 12 adjourned.)
13 14 15 16 17 18 19 20 21 22 23 O
24 25 O
ALDERSON REPORTING COMPANY,INC.
M0 FIRST ST., N.W., WASHINGTON, D.C. 20001 (202) 828 0303
t l
NUCLEAR REGULATORT COMMISSICN This is to certify that the attached proceedings. before. the ATOMIC SAFETY AND LICENSING BOARD in the ::2atter of: CONSOLIDATED EDISON CO. OF NEW YORK (Indian Point Unit
- 2) POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point Unit 3)
Data er Fraceeding:
December 3, 1982 Docket !! umber: 50-247 SP and 50-286 SP Flace of Procee< ting:
Washington, D.
C.
were held as herein appears,. and that this is the origt a1 transcript thereof Cor tha file of the Ccc:missicr:
l Patricia A. Minson Official Reporter (Typed)
C..
Nkk
&U Official Koporcer (Signature)
O, O
- -