ML20031B035

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Advises That Joint Intervenors Agree to Commencement of Hearings on Const Defects on 811117.NRC Does Not Object to K Drey Accompanying & Assisting cross-examiners.Addl Counsel for Joint Intervenors Should Be Identified Promptly
ML20031B035
Person / Time
Site: Callaway  
Issue date: 09/24/1981
From: Lessy R
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Bright G, Gleason J, Kline J
Atomic Safety and Licensing Board Panel
References
NUDOCS 8109280505
Download: ML20031B035 (2)


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September 24, 1981 James P. Gleason, Esq., Chairuan Mr. Glenn O. Bright Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Coard U.S. Huclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, D.C.

20555 Washington, D.C.

20555 Dr. Jerry R. Kline

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Lessy Administrative Judge

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Shapar/Engelhardt Union Electric Con.pany S 1 Christenbury/Scint (Callaway Plant, Units 1 and 2)

/s stead Docket ilos. STH 50-483 and STN 50-486 (2)

NRC Dorg t F g g y, g,R Judges:

p By letter dated September 17, 1981 Joint Intervenors, through their counsel, have now stated that they will be in a position to comence the hearing on construction defects contentions on November 17, 1981, rather than a later date of " December 1,1981 at the ea:liest." This, therefore constitutes couplete agreement on the matters delineated in qy letter of September 11, 1981.

Counsel for Joint Intervenors also stated in his letter of September 17, 1981:

It should be pointed out also, as communicated to lir. Lessy, that it is likely that present counsel for Joint Intervenors will not be conducting all of the cross examination of witnesses at the heraing.

That effort may be accomplished by several pc..:ons.

In order to ensure continuity, efficiency and proper organization Joint Intervenors anticipate that their cross examiners at the hearing will be y

accompanied and assisted by Kay Drey because of her

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familiarity with the proceedings.

5 To make sure that the record is complete on the matter raised in this paragraph, the undersigt.ed Staff counsel was advised that due to the

/ g anticipated duration of the upcoming nearings on Joint Intervenors construction defects and environmental contentions, that Joint Intervenors

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uay be utilizing different counsel for these hearings, but that no decision hdd been made by Joint Intervenors on this matter.

However, the Staff was not previously informed, as may be concluded from the quoted paragraph, that in order to help coordinate and organize Joint Intervenors' participation at the hearing, that Mrs. Drey would "accoopany and assist" such supplemental counsel. The Staff, however, has no objection to Mrs. Drey " accompanying and assisting" such cross-exaainers, inasouch as it is clear from the second paragraph of Joint Intervenors' September 17, 1981 letter that Mrs. Drey neither has first nand knowledge of tne bases for Joint Intervenors' contentions and is not a consulting expert on these matters. The Staff would, however, request that any additional counsel for Joint Intervenors be identified as soon as practicable, and file notices of appearance on behalf of Joint Intervenors in this proceeding pursuant to the provisions of 10 C.F.R.

s 2.713.

Sincerely, Roy P. Lessy, Jr.

Deputy Assistant Chief llearing Counsel cc:

Mr. John G. Reed Treva J. liearne barbara Shull Lenore Loeb flarjorie Reilly Gerald Charnoff, Esq.

Thomas A. Baxter, Esq.

Dan I. Dolef Uondld Bollinger nr. Fred Luekey llayor lioward Steffen Professor Willian 11.11111er Robert G. Wright Atouic Safety and Licensing Atouic Safety and Licensing Board Panel Ap,)eal Board Rose Levering Kennetn 11. Chackes Mr. Earl Brown lir. Saouel J. Birk Mr. flarold Lottman Eric A. Eisen, Esq.

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