ML20030D190
| ML20030D190 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 08/20/1981 |
| From: | Gallagher P, Mcclung C AFFILIATION NOT ASSIGNED, FLEMMING, ANDERSON, MCCLUNG & FINCH, GALLAGHER, P.M., GUARD |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8108310499 | |
| Download: ML20030D190 (7) | |
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PHYLLIS M.
GALLAGHER 1695 West Crescent Ave.
2 Suite 222 Anaheim, CA 92801 m
3 (714)776-3834 e
4 4
CHARLES E.
MC CLUNG, JR.
A FLEMING, ANDERSON, MC CLUNG & FINCH 5
23521 Paseo Dc Valencia f'
Suite 308 A I
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6 Laguna Hills, CA 92653 (714)768-3601
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Attorneys for GUARD, CARSTENS ET.AL.
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9 UNITED STATES OF AMERICA 10 NUCLEAR REGULATORY COMMISSION 11 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 12 In the Matter of Docket Nos. 50-361 OL 13 50-362 OL SOUTHERN CALIFORNIA I4 EDISON COMPANY, et.
al.,
MOTION FOR CONTINUANCE I
(San Onofre Nuclear GenEatIng AND MEMORANDUM IN SUPPORT 30 I
Station, Units 2 and 3).
IN SUPPORT THEREOF
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16 TO JAMES L.
KELLEY, Chairman of the Bor rd in the above entitled 11 matter pursuant to 10 CFR g 2.718:
INT 5RVENORS GUARD, CARSTENS ET AL. hereby request g
that the matter set for hearing beginning August 25, 1981 be continued to September 8, 1981.
The grounds for this request are as follows:
1.
Intervenor GUARD's attorneys have recently learned that counsel for CARSTENS, ET AL.
will not be participating in the Emergency Planning phase of the hearings.
Prior to this disclosure-l it was the understanding of Intervenor GUARD that contentions dealing with the issue of the size of the EPZ would be tried by 010:310499 810820' h
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PDR ADOCK 05000361 O
PDR L
As it now appears that the Attorney 2
for CARSTENS ET AL. will not be participating in the Emergency 3
Planning phase of the hearings, and Intervenor CARSTENS ET AL 4
has asked that the attorneys for GUARD also assume the burden of 5
carrying forward the case on the EPZ Contention as well, there 6
is need of further time to prepare this new contention for hearing, 7
2.
The formulation of the contention un the EPZ is 8
not known to the attorneys for Intervenors GUARD, CARSTENS ET AL.
9 The precise formulation of the contention was announced on the 10 final date of the L.lismic Phase of the hearing in the above 11 captioned case.
As referenced in the letter of August 33, 1981 12 from attorneys for Applicants to Richard Wharton, Esq., the 13 attorney representing CARSTENS ET AL. in the Seismic Phase of the 14 hearing, the contention appears in the August 4 transcript of the 15 hearing.
Attorneys for Intervenors have not had access to that 16 transcript, a,d have not yet seen the contention referred to 17 in this letter.
A copy of the letter is attached to this motion.
3g 3.
A Final Prehearing Conference on the contentions to be at issue in the Emergency Planning Phase of this hearing vas 19 20 held without notice to Intervenors Tdu) are now expected to go 2]
forward with the case.- Attorneys for Intervenors GUARD were not 22 presentnat this Jnly.10, 1981-hearing. :Although nozobjections to 25 the designation of the JQ1y 10thearingsas:.the.' Final.Prehearing 24 Conference were.made.at that time, c.the facts which. supported the 25 decisi n not to object have changed.
Since at the time of the
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26 July 10' hearing it was understood generally that Richard Wharton 27 would be going forward with certain of the issues relating to page 2.
28 1
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1 Emergency Plan.1ing, Intervenor GUARD made no objection to the 2
July 10 designation as a Final Prehearing Conference. Now 3
that the burden of carrying the entire case on Emergency Planning 4
has fallen to the attorneys for GUARD, who are also now to 5
represent the interests of Intervenors CARSTENS ET AL., due G
process requires that those carrying the burden be afforded 7
sufficient time to prepare their case, in the light of altered 8
circumstances.
9 4.
The requested Certification of the issue relating 10 to whether Applicants must consider the effect of an earthquake 11 greater than the Safe Shutdown Earthquake on the Emergency Plans 12 casts' uncertainty as to whether the Intervenors will be permitted 4
13 to put on testimony on this issue.
Since Intervenors have very 14 limited resources which should not be applied to preparation of 15 doubtful issues, a continuance pending the resolution of the 16 question proposed for certification to the Commission is proper.
17 5.
A series of meetings and communications have 18 been ongoing between the Applicant and FEMA and between NRC 19 and FEMA concerning the deficiencies in the Exercise of May 13, 20 1981.
Intervenors have not been included in any of the substance 21 of these communications, nor have they been invited to attend 22 the meetings.
Intervenors need access to information concerning 23 these communications in order to prepare their case, and the 24 two week continuance would allow FEMA sufficient time to provide 25 Intervenors with this vital information.
26 In summary, Intervenors point to their record of,
27 cooperation in this case, particularly in regard to their 28 mera L
t 1
efforts to expedite the hearing on the issues by entering into 2
stipulations when appropriate.
The short continuance requested 3 will not prejudice the other parties to this hearing, and it 4
will give the Intervenors some relief from the burden of assuming 5
the entire case, which has so recently been thrust upon them.
G Due process requires that Intervenors be afforded a reasonable 7 amount of time to prepare for the additional burden which has 8 been placed upon them in the conduct of this case.
9' Dated:
August 20, 198
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CHARLES E.
MC CLUNG, l/JRj.
PilYLLIS M.
GALLAGHER, Attorney; 12 for GUARD, CARSTENS ET AL.
13 14 15 16 17 18 19 20 21
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25 I
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3 UNITED STATES OF AMERICA t:.
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.a NUCLEAR REGULATORY COMMISSION
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\\ ol gg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-361 OL SOUTHERN CALIFORNIA EDISON COMPANY,
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TSan Onof re Nuclear Generating Station,)
Units 2 and_3).
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CERTIFICATE OF SERVICE I hereby certify that on the 20th day of August, 1981, a copy of the Motion for Continuance and Memorandum in Support Thereof was served on each of the following parties by depositing in the United States mail at Anaheim, CA, first-class, postage prepaid, addressed as follows:
Parties marked with **
were served by Express Mail David R.
Pigott, Esq.
- James L.
Kelley, Esq., Chairman Administrative Judge Samuel B.
Casey, Esq.
Atomic Safety and Licensing Board John A.
Mendez, Esq.
U.S.
Nuclear Regulatory Commission Ed wa rd B.
Rogin, Esq.
of Orrick, Herrington & Sutclif Wa shing ton, D.C.
20555 A Professional Corporation Dr. Cadet H.
- Hand, Jr.,
600 Montgomery Street Administrative Judge San Francisco, California 94115 c/o Bodega Marine Laboratory University of California Alan R.
Watts, Esq.
P.O.
Box 247 Daniel K.
Spradlin Bodega Bay, California 94923 Rourke & Woodruff 1055 North Main Street, #1020 Santa Ana, California 92701
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'i Mrs. Elizabeth B.
- Johnson, Richard J. Wharton, Esq.
Administrative Judge Unive?sity of San Diego Oak Ridge National Laboratory School of Law Alcala Park P.O.
Box X, Building 3500 San Diego, California 92110 Oak Ridge, Tennessee 37830 Mrs. Lyn Harris Hicks i
Janice E.
Kerr, Esq.
GUARD J.
Calvin Simpson, Esq.
3908 Calle Ariana j
Lawrence 0. Garcia, Esq.
San Clemente, California 92672, California Utilities Commission 5066 State Building A.
S.
Carstens San Francisco, California 94102 2071 Caminito Circulo Norte Mt. La Jolla, California 92037 Charles R.
Kocher, Esq.
Richard K.
Hoefling, Esq.
James A.
Beoletto, Esq.
Southern California Edison Company U.S.
Nu'elear Regulatory 4 24 4 Walnut Grove Avenue Commission j
Rosemead, California 91770 Office of the Executive Legal Director
.j David W. Gilman Pashington, D.C.
20555 Robert G.
Lacy San Diego Gas & Electric Company Lawrence J.
Chandler, Esq.
P.O.
Box 1831 Office of the Executive San Diego, California 92112 Legal Director U.S.
Nuclear Regulatory Phyllis M.
Gallagher, Esq.
Commission i
1695 West Crescent Avenue Washington, D.C.
20555 Suite 222 Anaheim, California 92701 Atomic Safety and Licensing Panel i
2 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Secretary U.S.
Nuclear Regulatory Comm.
Attn:
Chief, Docketing &
Service Branch Washington, D.C.
20555
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" Charles E.
McClung, Jr/.Q Counsel for Guard
Law orrects ORRICK, HERRINGToN & SUTCLIFFE.
A PRO F E S S rO'e AL Com pona,.ON M
QM W SMcM E.O C API,OL M ALL ON C AL*t ADEN.Outtva#D s AN F R ANCeSCO, C ALIFORNI A 94111 SAN JO5C. C ALoronNia 95t:3 S ACR A M ts.TO. C A LirCRNia 9 58 4
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T Cit a 34 *C s,3
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August 13, 1981 e
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Richard Wharton, Esq.
University of San Diego 1
r-School of Law
/1, i
Alcalca Park y
San Diego, CA 92110
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Re:
In the Matter of Southern California Edison Company et al., NRC Docket Nos. 50-361 OL and 50-362 OL
Dear Mr. Wharton:
As you know, the Board has issued an order (on August 4, 19 81, TR. 6803) concerning a contention based on the. size of the plume exposure EPZ.
It is our inten-tion to file our testimony concerning this contention on Monday August 17, 1981 with the remaining testimony on Emergency Planning Contentions 1 and 2.
The testimony relating to the new issue will be contained in the direct testimony of Messrs. Brothers, Murri, Pilmer and Woodard.
We also anticipate the EPZ issue will be covered in testimony of subpoenaed witnesses from Orange and San Diego Counties and the City of San Juan Capistrano.
We attempted to call you yesterday to discuss this matter with you, but found that you'would be out of (and out of the City) until the hearings com-your office Please let us know when you will file your testi-mence.
issue.
Hopefully we can reach an agreement monty on the EPZ on this matter without the need to bring it to the Board for resolution.
Very truly yours, ED'.','A.?D B. DO3 N Edward B. Rogin EBR:pf cc:
James L.
Kelley, Chairman Charles E. McClung, Jr., Esq.
Phyllis M. Gallagher, Esq.
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