ML20028D466

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Memorandum & Order Memorializing 821222 Conference Call. Discovery Extended Until 830107.Answers Due 830117. Contentions Re Emergency Plans Due After Drafts Made Available to FEMA & within 30 Days of Receipt
ML20028D466
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 01/17/1983
From: Hoyt H
Atomic Safety and Licensing Board Panel
To:
References
82-471-02-01, 82-471-2-1, ISSUANCES-OL, NUDOCS 8301190163
Download: ML20028D466 (4)


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SERVED JANie1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O ETED ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judg :

Helen F. Hoyt, Chairperson Dr. Emmeth A. Luebke

.tta iil Q f M Dr. Jerry Harbour s

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In the Matter of

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Docket Nos. 50-443-OL

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50-444-OL PUBLIC SERVICE COMPANY OF

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(ASLBP No. 82-471-02-OL)

NEW HAMPSHIRE, et al.

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(Scabrook Station, Units 1

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and 2)

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January 17, 1983

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MEMORANDUM AND ORDER (Memorializing Conference Call of December 22, 1982)

Memorandum On December 22, 1982, this Board held a conference call to address I

several motions for extension of the discovery period and a request for clarification of the Board's Order concerning emergency planning i

CCCNH and SAPL had filed motions seeking to extend discovery until June 1, 1983.

CCCNH Motion for Continuance of Discovery Deadline (undated); SAPL Motion for Continuance of Discovery Deadline dtd December 9, 1982.

NECNP and NH had filed motions seeking to extend discovery until March 15, 1983. NECNP Motion for Extension of Time for Discovery dtd December 15, 1982; NH Motion to Extend Time for Discovery dtd December 13, 1982.

8301190163 830117 e

PDR ADOCK 05000443 G

PDR

A

. contentions.

Participating in the conference call were Applicants, the NRC Staff, New England Coalition on Nuclear Pollution (NECNP), the Seacoast Anti-Pollution League (SAPL), Coastal Chamber of Commerce of New Hampshire (CCCNH), the States of Maine, New Hampshire, and the Commonwealth of Massachusetts, and representatives for Sun Valley' Association (SVA) and the Town of South Hampton.

Discovery Applicants have adjusted their projected construction completion and fuel loading dates, slipping their schedule by ten months.

It was the position of the parties seeking extension of the discovery period, therefore, that the discovery schedule, which they viewed as overly stringent, was unwarranted. Those parties proposed extending the discovery schedule by three to six months.

The Staff, however, took the position that while the slippage did permit adjustment of'the Board's schedule, incorporating too much of this slippage into the prehearing stages of this proceeding would constitute poor case management. The Staff suggested that no more than two months of the slippage should be added to the prehearing stages of this proceeding, and that the balance should be added to the hearing and opinion-writing stages of the proceeding. The Staff stated that such 2

Massachusetts' Request for Clarification of Board Order Re Resubmission of Contentions on Off-Site Emergency Planning dtd November 30, 1982.

3 See Memorandum and Order dtd September 13, 1982 at 120.

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? adjustments would permit the Board to meet the hearing schedule submitted in the Bevill Report.

The Board considered the positions of the parties and determined that some extension of discovery was warranted. However, the Board is determined that these proceedings will progress in an orderly, efficient, and timely manner. Therefore, the Board extended discovery only until January 7, 1985, and directed that answers should be filed by January 17, 1983, (See 10 C.F.R. $ 2.711), subject to the provisions of 10 C.F.R. S 2.710 on computation of time.

This extension is not an extension of the overall schedule, but merely of the discovery period.

Emergency Planning Contentions The Board was informed that the projected date for the submission of Massachusetts draft emergency plans is the end of January, and the projected date for the bulk of the New Hampshire draft emergency plans is sometime in February.

FEMA interim findings are now scheduled for April. The appropriate times for resubmitting off-site emergency planning contentions was then discussed. The Board ruled that contentions addressin, emergency plans must be filed after the draft emergency plans (or relevant part thereof) have been submitted to FEMA and within 30 days of the plans being made available to the parties.

4 On January 12, 1983, with the concurrence of Staff and Applicants, the Board permitted NECNP to files its answers to interrogatories by January 21, 1983.

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  • / Other Matters Discussed The Board was informed that the SER would not be. issued until the end of January.

The Board advised the parties that there would be no prehearing conference in mid-January, as originally scheduled.

The Board advised the parties that it had admitted as interested municipalities the towns of Brentwood and Hampton, New Hampshire. The Board requested that Mr. Kinder, an Assistant Attorney General for the State of New Hampshire, contact these townships in order to determine who would be their representative.

ORDER The Board reaffirms its orders made during the conference call of December 22, 1982.

IT IS SO ORDERED FOR THE ATOMIC SAFETY AND LICENS NG BOARD

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,MT' Helen F. Hoyt, Chairperson ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 17th day of January, 1983.