ML20028C127
| ML20028C127 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 01/05/1983 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8301070087 | |
| Download: ML20028C127 (29) | |
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OFFICIAL TRANSCRIPT PROCEEDINGS BEFORE O
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD DKT/ CASE NO. so-44o-on s so-4u-on
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CLEVELAND ELECTRIC ILLUMINATING COMPANY (Perry Units 1 and 2)
PLACE seenesda, Marviana O
DATE 3enuary s, 1982 PAGES 779 earu 804 f,iiN$bfYr]oh 0
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KY O
o (202) 628-9300 440 FIRST STREET, N.W.
WASHINGTON D.C. 20001
779
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1 UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY CCMMISSION 3
ATOMIC SAFETY AND LICENSING BOARD 4
x 5
In the Matter ofa a
Docket Nos.
6 CLEVELAND ELECTRIC ILLUMINATING COMPANY :
(Perry Units 1 and 2) 50-441-OL 8
x 9
Room 442 10 4350 East-West Highway 11 Bethesda, Ma rylan d 12 Wednesday, January 5, 1983 13 Th e telephone conference in the above-entitled
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14 matter convened, pursuant to notice, at 11:10 o' clock 15 a.m.
16 BEFORE:
j 17 PETER B.
BLOCH, Chairman l
1 l
18 Administrative Judge i
19 Atomic Safety and Licensing Board 20 JERRY KLINE, Member l
l 21 Administrative Judge 22 Atomic Safety and Licensing Board l
23 GLENN 0.
BRIGHT, Member j ()
24 Administrative Judge 25 Atomic Saf ety and Licensing Boa rd O
ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W, WASHINGTON, D.C. 20024 (202) 554-2345
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1 APPEARANCES 2
On behalf of the Licensees i
3 JAY SILBERG, Esq.
4 On behalf of Ohio Citizens for Responsible 5
Energya i
6 SUSAN HIATT, Esq.
7 On behalf of Sunflower Alliances 8
, DAN WILT, Esq.
9 On behalf of the Nuclear Regulatory Commission 10 Staffs 1
11 JAMES 3. CUTCHIES, Esq.
j 12 13 O
15
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16 17 18 19 20 21 22 23 l O 24 25 I
ALDERSON REPORTING COMPANY,INC, 400 VIRGINfA AVE., S.W WASHINGTON. D.C. 20024 (202) 554-2345
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2 CHAIRMAN BLOCH:
This is Peter Bloch, Chairman 3
of the opera ting license proceeding for the matter of O
4 Cleveland Electric Illuminating Company, Perry Units 1 5
and 2.
6 Would the parties please iden tify th em selves 7
for the ecord.
First, for the applicant.
8 MR. SILBERG4 Jay Silberg for the applicant.
9 CHAIRMAN BLOCH:
For Sun flower Alliance, Inc.,
10 et al.
11 MR. WILT Dan Wilt, Sunflower Alliance.
12 CHAIRMAN BLOCH:
For Ohio Citizens for 13 Responsible Energy.
14 MS. :!!ATTa Susan Hiatt for CCRE.
15 CHAIRMAN BLOCH:
For the staff of the Nuclear 16 Regulatory Commission.
17 MR. CUTCHIN:
Mack Cutchin of the NRC staff of 18 OELD.
19 CHAIRMAN BLOCH:
The purpose of this morning's 20 conference is to discuss scheduling matters in this 21 case.
The scheduling matters include a discussion of 22 wha t the subjects are that will be ripe for the first 23 portion of our hearing.
(')
24 Related to that hearing also, we should 25 discuss a schedule for the prefiling of testimony, for AV ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
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1 the prefiling of documents that are known to be 2
necessary for cross-examination, f or the da te to 3
commence the hearing, and the place to commence the 4
hearino.
5 Then I intend to have a very brief discussion 6
of possible questions that might arise about procedures 7
that might be required for the issue that has been twice 8
raised about the severance of Unit 2.
9 Mr. Silberg, could you address the scheduling 10 issues in terms of what we will have at the conference, 11 what we will be able to consider.
12 MR. SILBERG As I understand it, the current 13 preliminary schedule to go to hearing on February 15, 14 with testimony to be prefiled on January 31.
At the 15 present time there are three issues that are potentially 16 available to litigate at that time.
One is the 17 reformatted quality assurance issue, a subject of the 18 Boa rd 's December 22nd order.
The second is the polymer 19 d eg ra da tion issue.
The third is the SLCS initiation l
20 issue.
1 21 Applicant's position is that we would be ready 22 to go to hearing on all three of those issuec on that 23 s ch ed ul e.
()
24 CHAIRMAN BLOCH:
Could you estimate the amount l
25 of time that you estimate it would require for us to l
l CE)
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
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1 complete a hearing on these ?
I know that is a very 2
speculative question because you are anticipating the 3
amount of cross.
O 4
MR. SILBERGa I have no way to an ticipate 5
that.
That is totally, as far as I can tell, within the 6
control of the other parties, of the intervenors 7
particularly.
8 CHAIRMAN BLOCH4 Well, you may want to comment 9
after you hear what they plan.
10 Mr. Wilt, the principal issue available f or 11 hearing is your lead, the quality assurance issue.
12 Would you comment on what will be ready for this 13 hearing?
O' 14 MR. WILT:
I think we will be ready.
15 CHAIPMAN BLOCH:
Mr. Wilt, it is very hard to l
l 16 hear you, if you would speak up.
l 17 MR. WILTa I don' t anticipate, at this point 18 in time, having any prefiled testimony to file because I 19 don't have any witnesses.
20 CHAIRMAN BLOCH:
Can you anticipate the amount 21 of time.
22 MR. WILT:
As to how long it would take, I 23 couldn't even begin to guess.
I really wouldn't know.
()
24 I expect to be filing some documents, though, as I 25 obtain them from the local Public Document Room files.
1 ALDERSON REPORTING COMPANY,INC,,
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1 I am sure that I will have my documents that I intend to 2
use for cross-examination filed.
3 I do intend to file prefiled documents that I 4
will use at the hearing.
^
5 CHAIRMAN BLOCH:
Will that include reference 6
to the documents that Ms. Hiatt referenced in her 7
8 MR. WILT 4 Yes, absolutely, plus any other 9
documents that we may have in our files.
I have a 10 considerable number of inspection. reports in my files, 11 as well as whatever we may find that we feel is relevant 12 out of the Public Document Foom.
Our prefiled docume.nts 13 are to be filed on whatever the date is, and I 14 anticipate that we will comply by that date.
15 CHAIRMAN BLOCHs Mr. Wilt, we are not going to 16 require the filing of a cross-examination plan, although 17 some other Boards have done that, but we will expect 18 that if we ask yo'u the direction of your 19 cross-examination, or the theory on which you are 20 proceeding, you will be able to answer fully based on a 21 pla n tha t you have for your own purposes.
That will 22 help us to make sure that you have all of the 23 opportunity that you need to ask questions that are
()
24 rele va n t, but that we will be able to hold the hearing 25 to relevant matter.
Do you understand that?
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1 M R. '4ILT:
I understand that.
2 CHAIRMAN PLOCH:
Can you estimate how many 3
hours or days you migh t need for cross-examination on 4
that issue?
5 HR. WILT:
I am sorry, I really can't.
6 CHAIRMAN BLOCH.
Is there a time at which you 7
will know that, that you will have gone through your 8
thinking process enough to know the kinds of questions 9
you are going to ask.
10 MR. WILT I should know that on February 8, a
11 week bef ore the hearing.
That will give me some time to 12 see whstever prefiled testimony is going to be filed, 13 and to review the documents that I intend to file.
rm 5
14 CHAIRMAN ELOCH4 Okay, tha t is fair enough.
15 Hs. Hiatt, would you like to comment on the 16 other two issues, as well as on the quality assurance if 17 you have something additional to say about it.
18 MS. HIATT I personally have doubts about 19 whether Issues 6 and 9 vill be ready for litigation in 20 February.
You may recall that I made a sta te me nt to 21 tha t ef fect in the letter to the Board, which is dated 22 December 28 which accompanied an update to a response.
23 The reason being for Issue 9 --
(')
24 CHAIRMAN BLOCHs Ms. Hiatt, we are having 25 trouble hearing, I am sorry to bother you about that.
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1 MS. HIATT Applicants are continually 2
revising some of their data and other materials 3
concerning Issue 9.
In licht of that, I have doubts 4
about whether, number one, applicants' data will be in a 5
finalized stage enough for a hearing on February the 8
15th, and whether OCPE can prepare f rom these constantly 7
changing materials for a hearing on that date.
8 CHAIRMAN BLOCH:
Could you remind me which is 9
9?
10 MS. HIATT:
The polymer degradation.
11 CHAIRMAN BLOCH4 What about the SLCS 1
12 initiation?
13 MS. HIATTa I also have doubts about that one,
~J 14 primarily because I understand that applicants have a 15 new design for the SLCS, which was supposed to have been 16 submitted over a month ago, but I have yet to see it.
17 So that depends on wha t the applican ts ' schedule is.
18 CHAIRMAN BLOCH:
Mr. S,ilberg, would you like 19 to comment on those two narrow points?
20 MR. SILBERGs Yes.
I did tell Susan two weeks l
l 21 ago that we would be updating the list of polymers.
In 22 our discovery responses, which I believe we filed in 23 late October, we identified the three main polymers l ()
24 which are f o und inside radiation zones.
Those are the 25 polymers used for cable insulation, which was the main i
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1 thrust of the contention.
2 In preparing f or the hea ring, we have done 3
some rather exhaustive analyses to determine polymers 4
that might be use1 in other locations, othe r than cable S
insulation, for instance, gaskets, and rings, and 6
fluids, and things like that.
7 We have, by and 1s rgo, completed tha t review.
8 On December 27th, I believe I sent Susan a letter 9
telling her tha t the documents identifying those 10 additional polymers and what equipment they were 11 associa ted w ith, and what zones in the plant they were 12 located, were available for review.
13 Susan's letter indicated that we have revised 14 information in the ESAR, in the environmental 15 qualification section.
The only parts of that 16 information that are really relevant, I think, deal with 17 the radiation zones and wha t the dose levels are.in 18 those zones.
l l
19 There have been some changes, and Susan has 20 them, in Amendment 10.
There will be some more 21 relatively minor changes between between Amendment 10 22 and Amendment 11, but the information that will be in l
23 Amendment 11 is available for her review at the plant
()
24 any time she wants to look at it.
That amendment has 25 not yet been filed.
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1 CH AIRM AN BLOCH:
It is your position that all 2
of the informa tion that the applicant has that is 3
r el ev an t to this contention is already available?
4 MR. SILBERG Yes.
5 Ms. Histt is correct in noting that some of 6
tha t was only recently made available.
7 CHAIRMAN BLOCHa Ms. Histt, is your principal 8
problem the time it will take to review the information 9
that is now a va ila ble?
10 MS. HIATTa Yes, that would be a problem.
11 CHAIRMAN BLOCHs If we were to have this 12 h ea ring, say, the second week in March, instead of --
13 MR. CUTCHIN4 Mr. Chairman, before we start 14 discussing firm schedules, could the staff have some 15 input?
16 CHAIRMAN BLOCH:
Sure.
I am only suggesting 17 this tentatively, Mr. Cutchin.
18 MR. CUTCHIN:
All right, sir.
19 CHAIRMAN BLOCH I want to know, though, if 20 this problem might be resolved for CCRE by the second 21 week in March.
22 MR. CUTCHIN:
Sir, there is still a 23 possi bili ty that we will not go to hearing on No. 9 at
()
24 all, in that the present status of things is that OCRE 25 was to have, by the 28th, provided greater specificity O
ALDERSON REPORTING COMPANY,INC.
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1 as to its basis for believing that particular wires at 2
other locations are particularly dancerous.
Then by the 3
17th of January there was to have been an opportunity O
4 for the filing of motions of summary disposition on this 5
issue.
6 CHAIRMAN BLOCHs I see.
7 BR. CUTCHIN:
I might also add that it is my 8
understanding as of this morning that the rule on 9
environmental qualification, which we discussed in 10 connection with my motion back on December 9th, is now 11 eminent and should be in print within the next few 12 weeks.
13 CHAIRMAN BLOCHs That rule, you believe,
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14 precludes Board jursidiction.
15 MR. CUTCHINs No, I didn't say that, but I 16 think it makes the burden on CCRE extremely difficult to 17 meet, and that is that OCRE, rather than merely alleging 18 tha t the applicant hasn't demonstrated compliance with j
1 19 general design criterion 4 and the various documents 20 interpreting it, would have the burden of demonstrating 21 itself that certain cables, wires, et cetera, are not 22 qualified.
23 CH AIRM AN BLOCH:
The reason for that is that
( ()
24 the rule only requires the applicant of existing plants 25 O
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1 MR. CUTCHIN:
As I understand it -- of course 2
maybe we will be able to address specifics in a couple 3
of weeks, but I made an attempt this morning and believe 4
I was successful in determining that the rule, as far as 5
the requirements in the last draft schedule-wise, will 6
remain the same.
It is my understanding th a t the rule 7
will put both present applicant for operating plants and 8
present holders of operating licenses in the same 9
category, and that will be that they would not have to 10 demonstrate affirmatively compliance with the rule 11 until, in the case of Perry, March 1985.
12 CHAIPMAN BLOCH:
This is a final rule and not 13 a proposed rule.
14 MR. CUTCHIN :
It is my understanding that the 15 proposed rule, which has been outstanding and was 16 originally to have been put in place by June of 1982 17 until the Commission put out its rule suspending 18 deadlines, that the final rule will now be out in a 19 matter of a few weeks.
l 20 It is my understanding tha t the Commission is l
21 to consider the final version of the rule in an 22 affirmation session tomorrow.
So within the next two l
23 weeks, I am told it is highly likely that that rule will
()
24 be in the Federal Register.
25 But the poin t I am making is that with respect
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l ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASNINGToN D.C. 20024 (202) 554 2345 f
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I to Issue No. 9, I think it is perhaps a little premature 2
to be setting a schedule because there are some other 3
steps to take place.
fsb 4
The staff as well believes, as does OCRE, that 5
it will be in no position to go to hearing on Issue No.
6 6 since the applicant owes us input, and until we 7
receive it, we can't review it and take a position.
Of 8
course, the hearing could start without us, but the 9
staff would not be in a position to present its position to or its testimony until it has received and reviewed that 11 information.
t 12 As well, on Issue No.
3, based on my 13 conversations with the staff persons in Region III who 14 will be the staff's witnesses, and based on the fact 15 that the issues have changed their complexion somewhat 18 as to QA, those witnesses have conflicting schedules on 17 the Byron case, which is presently scheduled to go to 18 hesring in early Ma rch.
l l
19 Region III is particularly impacted now by a l
20 number of cases.
I have to say quite frankly, I don't 21 believe that the staff will be able to go to hearing on 22 these OA issues until perhaps late April or early May.
23 From that standpoint, it looks from the staff 's view
()
24 that there is nothing that we could productively go to 25 hearing on in either February or March.
With that on
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ALDERSON REPORTING COMPANY,INC, l
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I the table, I will back off for a noment.
2 CHAIRMAN BLOCH:
You mentioned scheduling 3
conflicts, but is there actually a problem of the staff 4
completing its review prior to hearing?
5 MR. CUTCHINs On Issue 37 6
CHAIPMAN BLOCH4 On Issue 3.
7 MR. CUTCHIN:
The problem is that those people 8
are very hea vily involved now, particularly in the 9
electrical area, which is the area that has now been to focused upon for t'he CA concerns.
Candidly, the staff 11 views those issues to be pretty newly identified, and it 12 would not take the same testimony, obviously, to add.ress 13 those that it would have taken to address the issue as
/
v 14 it was initially scoped.
15 As the Board noticed in its order, we didn't 16 even bring those things up because we did not consider 17 them saterial to the original issue.
I think perhaps 18 within the next week or so, the Board will see some 19 discussion of that.
20 CHAIRMAN BLOCH4 In what form?
21 MR. CUTCHIN:
I am not sure whether you will 22 see it in writing yet, or not.
But if the Board wishes 23 to have the staff's initial views, I would be happy to
()
24 lay them out now.
Although that has not been the 25 subject of this telephone conference, I think it is O
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1 germane to scheduling.
2 MR. SILBERGs Judge Bloch, I would note that 3
we have been working on a motion for reconsideration of 4
that portion of the December 22nd order admitting the 5
four issues of fact for trial.
We hope to file that 6
today or tomorrow.
7 CHAIRMAN BLOCHs Is.that the nature of the 8
sta ff 's filing also?
9 MR. CUTCHIN:
The staff did not file an 10 original motion.
It would certainly be addressing 11 itself to that matter in response to the licensee's 12 motion.
13 CHAIRMAN BLOCHs Is it also the applicant's 14 position tha t if the staff is unready to go to trial in 15 Feb r ua ry, that it would be appropriate for us to defer 16 the hearing?
17 MR. SILBERG Yes.
I would think that it 18 would not be appropriate to go to hearing unless the 19 sta ff is prepared, as much as I hate to say that.
I l
l 20 don't think it makes sense to bifurcate the hearing on l
21 one issue to that extent.
I think it is necessary and 22 appropriate for our witnesses to hear the staff 's 23 witnesses and vice versa, if the Board wants to get a
()
24 full, complete, and accurate record on the subject.
I 25 would have hoped that the staff's witnesses would have O
ALDERSON REPORTING COMPANY,INC,
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1 been available.
I understand that there are other 2
factors involved.
3 MR. CUTCHIN:
The main reason, Mr. Chairman, 4
is that I think these issues are somewhat, more than 5
somewhat different from what we would have expected to 6
have addressed within the scope of the originally 7
admitted CA issue.
I think the Board even used the 8
words in its order that these are newly admitted 9
issues.
10 CHAIRMAN BLOCH:
All right, do either of the 11 intervenors have any problems with our now considering 12 the end of April as a tentative time for this hearino?
13 MS. HIATT CCRi has no problem.
14 MR. WILT:
Mr. Chairman, the end of April.
If 15 I may make one humble request, Mr. Chairman, if you 16 would not schedule anything in the week of May 9th.
17 CHAIRMAN BLOCH May 97 18 MR. WILTS' Yes, that whole week, I hope to be 19 in Williamsburg, Virginia.
20 CHAIRMAN BLOCH:
All right, a brief time for 21 the Eoard to conf e r of f-the-racord.
22 We are off the record.
23
( Of f -th e -reco rd. )
()
24 CHAIRMAN BLOCH:
The hearing will please come 25 to order.
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1 The Bosed has a conflict for 'two.of its' 2
members who are involved in the Callaway proceeding, 3
which begins May 2nd and is expected to last 4
approximately two weeks.
5 With that in mind, unless the sta ff is able. to' 6
speed up its availability, that would put us into the' 7
end of May.
8 MR. CUTCHIN4 Mr. Chairman, I am not able to' 9
say, in fact I have strong doubts, in light'of the fact 10 'that I queried the persons v e r'y thoroughly ris to their 11 schedules and conflicts, and in view of the fact that I 12 expected that I might have to support this. assertion 13 that we would be unable to_ go to hearing if pressed.
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-14 But I think as well, perhaps, we could 15 consider ~ whether any other issues :migh t be ready f o r.
indeed [s'to:
16 hea ring in that time frame as well, if it 17 Le delayed.
Certainly Issue Noi.1 will not'be.
I am >
l
- 13 not yet sure whether the recently admitted issues, 13, i
19 14, and 15 cculd not be shaped up with some idea of l
l 20 going to hea rir.g ia-thit time f rame or not much later.
21 Is.the Board intarosted in listening to some discus' ion s
f 22,on ihose?
23 CHAIR' MAN BLCCH:
I don 't think so.
I think-I
(~)h 24 tha'. is a possibilitye and it is helpful to keep, in tha t 25' in mind, but it is also a little premature to be
'O t
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1 worrying about that too much.
Is there a way of 2
expediting the schedule to make it more likely that that 3
would happen?
s
)
4 MR. SILBERG:
One thing that I would like to 5
bring up.
Maybe we would like to nail down an 6
appropriate time period first, and then we can discuss 7
whether it will be f ea sible to bring in the new 8
contentions in that time period.
9 I don 't really ca re which way you want to do 10 it, but I was going to suggest a discovery cut-off for 11 Issues 13 through 15, so that we don't have what 12 happened in the case of the other issues, which is 13 discovery drags on and on and on.
14 MR. CUTCHIN:
Did you intend to leave out 14?
15 MR. SILBERGs I think I said 13 thrcugh 15.
16 MR. CUTCHIN:
Okay, I misunderstood, 17 CHAIRMAN BLOCH:
Let me see, we have some 18 outstanding requests for discovery from the staff.
Is 19 that correct, Mr. Cutchin?
20 MR. CUTCHIN:
You have.
Are you referring to 21 the Board's order that we respond to OCRE's 22 interrogatories and the Bosrd's question?
23 CHAIRMAN BLCCH:
Yes.
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24 MR. CUTCHIN:
If you are, yes.
I have just 25 today put together the schedule, and it is the staff's O
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1 expectation that it will be able to respond to OCRE's 2
interrCgatories and the Board's questions by the uth of 3
Feb rua ry.
That letter, if it has not already left, is 4
going out today.
5 CHAIBMAN BLOCH I ask the pleasure of the 6
parties about a February 15 cut-off date for i
7 interrogatories on all contentions admitted to this 8
date.
9 ER. SILBERG I think that probably we ought 10 to take it bite by bite.
I don't understand why we 11 can't, as to at least the three new contentions, have 12 all the discovery requests filed not later than the end 13 of this month.
14 MR. CUTCHIN:
Mr. Chairman, when you say all
- 15. discovery, I think discovery, and I wouldn't want that 18 to get fuzzed up, I think discovery with the exception 17 of these outstanding responses on Issue No.
8.
On all 18 issues up through No. 12, which is no longer in the 19 proceeding, discovery has already been cut off.
20 CHAIBMAN BLOCH:
I am talking about all 21 additional discovery.
22 MR. CUTCHIN:
Thirteen, 14, and 15 are the 23 three issues we would be talking about.
()
24 The staff has no problem with the end of 25 January or mid-February, if tha t would suit the Board O
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1 and the parties.
2 CHAIRMAN BLOCH:
Could the intervenors 3
comment, please?
4 MS. HIATT:
All right.
I think the end of 5
January is a bit too constraining f or having discovery 6
requests.
7 CHAIRMAN BLOCH:
Ms. Hiatt, if we rule that 8
initial discovery requests must'be completed by the end 9
of January and follow-up questions by the middle of to February, would that inconvenience you?
11 MR. CUTCHIN:
That wouldn't work, would it, 12 Mr. Chairman, because of the time frame that it would 13 take to respond before she knew whether che had 14 legitimate follow-up.
l 15 MS. HIATT I would agree on that.
I would 16 have to see the answers to the previous interrogatories 17 before I could think of follow-up questions.
18 CHAIRMAN BLOCH:
Have you asked your initial 19 interrogatories on 13 through 15?
20 MS. HIATT No, I haven't but I am thinking 21 about preparing some.
22 MR. SILBERG If that is the case, then I 23 don 't know why we can 't have s relatively expeditious l O 24 cut-ort-25 If we are going to have follow-on discovery, 1
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shich I don't think is required anywhere, a nd we want to 2
finish all of that up, including these issues, in a 3
Spring hearing, I would really urge that we have an O
4 earlier rather than a later cut-off for the first-round 5
of discovery.
6 MR. CUICHIN2 The staff would like to add 7
that, indeed, any follow-up discovery be viewed 6
carefully to be sure that it is limited to real 9
follow-up and not just something that was overlooked the 10 first time around.
11 MR. SILBERG:
We are going to have weeks
-12 between now and the end of January, which seems to me 13 more than adequate, particularly if we are not having a (sD s
14 h ea ring in mid-February.
It really shouldn't take more 15 than a week to prepare initial discovery on those three 16 contentions.
17 CHAIRMAN BLOCH4 Mr. Wilt, you don't have the 18 lead on these other contentions, but do you have a 19 comment?
20 MR. WILT Yes.
I would urge that the Board 21 consider i Februsty 15th date for the initial discovery 22 on thcce three issues.
He haven't, as yet anyway, 23 specified any time for the hearing, and I think Ms.
Q 24 Hiatt should be provided the opportunity of some time to 25 do a good job, as I think she has done through the whole O
ALDERSoN REPORTING COMPANY. INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
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1 proceeding, en the initial discovery, because if she is 2
given the time to do a good job on the initial 3
discovery, then the follow-up will of necessity be 4
lessened a great deal.
5 So I would urge the Board to pick a date like 6
February 15, and the follow-up would be due 15 days 7
af ter the responsec have been filed by whoever has to 8
file those.
9 MR. CUTCHIN:
The staff would support that, 10 Mr. Chairman.
11 CHAIRMAN ELOCH:
Ms. Hiatt, before we take a 12 recess to decide this issue, could you tell me wh e t.h e r 13 you could file your initial interrogatories on some of
()
14 these before the end of January?
15 MS. HIATT:
Possibly.
My requests for 16 documents, I have yet to receive them.
I would have to 17 review them before I could really formulate discovery.
18 I really don 't know.
l 19 CHAIRMAN BLOCHs The Boa rd will take a very 20 b rief recess f or deliberation.
21 (The Board deliberated.)
22 CHAIRMAN BLOCHs The Board is prepared to 23 proceed.
After considering th e arguments, we have
()
24 decided to set a January 31 cut-of f date on initial 25 discovery requests on issues 13 th ro ugh 15 subject to a r
ALDERSC4 REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
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1 showing of good cause for late filing.
We then 2
anticipate tha t any follow-up discovery that might be 3
asked after receipt of the first answers would be O
4 strictly limited to follow-up questions and would have 5
to be filed seven days from the time of receipt of 6
answers to which f olic'w-up is being made.
7 The Board does not think that there is 8
anything f ruitful to be gained f rom continuing this 9
conference, but if any of the parties disagree, we would 10 lik e to hea r right now.
11 MR. SILBERG:
I think it would be appropriate 12 to try to identif y a hearing time, so that people can 13 make plans and advise witnesses, and get their own
(
14 houses in order.
15 I am not sure how we left it, but I think we 16 left it with nothing, and I would urge that we leave it 17 with something, even if it is only tentative and subject l
18 to further change.
For instance, if there is a change 19 in the Calla way hearing, we could have an earlier 20 hea ring, or if something else comes up.
21 CHAIRMAN BLOCH:
If we were to do it now, Mr.
22 Silberg, I think we would have to consider Ma y 23rd as 23 the date to commence.
Would you rather do that, or
()
24 would you rather leave it more flexible until nearer to 25 the hearing?
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ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE, S.W..' WASHINGTON, D.C. 20024 (202) 554-2345
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1 MR. SILBERG I think I would rather get a 2
date, recognizing that all parties are on notice that if 3
schedules f or one reason or another break, we might even O
4 advance that to the beginning of Yay.
1 5
CHAIRMAN BLOCH:
Okay.
Do any parties object 6
to May 23rd being the tentatively established hearing 7
date?
8 MR. CUTCHIN There is no objection from the 9
staff, Mr. Chairman.
10 MR. SILB ER C I tend to think that probably 11 Paynesville is the most convenient for both the 12 applicant and the in terveno ns.
I think that anything 13 other than Bethesda is going to be reasonably
()
14 inconvenient for the staff, but that is their problem.
15 CHAIPMAN BLOCH:
In Paynesville, is there a 16 recommended facility.
Would the Lakeworth hearing room 17 that we had the last time be a good one?
18 MR. SILBERG:
If tha t is a vailable, I think 19 that it would be a. fine place to have it, Mr. Chairman.
20 CHAIRMAN BLCCH Is that what the parties' 21 preference is?
22 MR. CUTCHINs The staff has no objection to l
l 23 having it in Paynesville, Yr. Chairman.
l ()
24 MR. SILBERGa I have no particula r objection l
25 to that location, but I might have our people at least l
(1) l ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554-2345
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1 advise us as to whether that is the location, or whethe r 2
there is something else.
3 CHAIRMAN BLCCH:
Mr. Silberg, could you tell
)
4 me if we are giving too little weight in setting this 5
hea ring to the preferences of the non-party 6
participants?
7 MR. SILBERG:
In terms of the time, or in 8
terms of the location?
9 CHAIRMAN BLOCH:
Primarily time.
I don't 10 think they will object to the location.
Do you think 11 that we should be consulting with them before setting a 12 time?
13 MR. SILBERGs You are ref e rring to the
()
14 counties?
15 CHAIRMAN BLOCH4 Yes.
16 MR. SILBERGs I don't think they would be 17 involved terribly.
Their primary interest, if not sole 18 interest, is emergency planning issues.
19 CHAIRMAN BLOCH So you don't think that they 20 would plan to participate on this?
21 MR. SILBERGs I would be surprised if they 22 would.
I haven't had any indications of interest.
As 23 f ar as I know, their only interest in this and their
(])
24 papers reflect that they are only interested in 25 emergency plannino.
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ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE, S.W, WASHINGTON, D.C. 20024 (202) 554-2345
804 1
CHAIR?.AN BLOCH:
It seemed that way at the 2
special prehearing conference.
3 MR. SILBERGs Yes.
I have not seen any papers O
4 from Ashtabula since their original petition, nor have I 5
had any contact with them.
It may be that Susan or Dan 6
have a better feeling for that, I don't know.
I
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l 7
CHAIRMAN BLOCHs Are there any other necessary 8
comments?
~
9 MS. HIATTs I would like to merely affirm what l'
10 has already been said.
I think that the Paynesville 11 Administration Center would be a suitable place for a 12 hearing, and I have no objection to setting up a l
l 13 tentative date for the hearing of May 23rd.
l
\\
O)
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14 CHAIRMAN BLOCHs Then that is done.
The l
15 h ea ring date is tentatively scheduled for May 23rd at 16 the Paynesville Administration Center.
17 This conference is adjourned.
18 (Whereupon, at 11: 45 a.m.,
the conference wa s 19 adjourned.)
20 21 22 23 0
24 25 O
ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE, S.W., WASHINGTON D.C. 20024 (202) 554-2345
m NUCLEAR REGULATORY CO!HISSION This is to certify that the attached proceedings before the ATOMIC SAFETY AND LICENSING BOARD in the matter of:
CLEVELAND ELECTRIC ILLUMINATING COMPANY
~
Date ou{ Perry Units 1 and 21 Froceeding:
Januarv 5, 1983 Docket Number:
so-44n-or, c so-441-nr.
Place of Proceeding:
Bethesda, Maryland were held as herein appears, and that this is the criginal transcript thereof for the file of the Cecmission.
Patricia A. Minson Official Reporter (Typed) kwW Official Repercer (Signature) l t
.D i
l LD
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