ML20031B329
| ML20031B329 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 09/25/1981 |
| From: | Gallo J AFFILIATION NOT ASSIGNED, Citizens Association for Sound Energy, ISHAM, LINCOLN & BEALE, OKLAHOMA, STATE OF, PUBLIC SERVICE CO. OF OKLAHOMA |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20031B328 | List: |
| References | |
| NUDOCS 8110010233 | |
| Download: ML20031B329 (8) | |
Text
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9/25/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, Inc.
)
Dockets Nos. STN 50-556 and
)
STN 50-557 Western Farmers Electric Cooperative
)
)
(Black Fox Station, Units 1 and 2)
)
JOINT MOTION TO ESTABLISH HEARING SCHEDULE Public Service Company of Oklahoma
(" Applicant")
hereby moves, on behalf of itself, the State of Oklahoma, and Citizens Action for Safe Energy, Mr. Lawrence Burrell, Ms. Ilene Younghein ("Intervenors"), three of the four parties to this proceeding, the Atomic Safety and Licensing Board
(" Licensing Board") to enter an Order establishing the hearing schedule described below.
Counsel for the Applicant has been expressly authorized to state that counsel for the Intervenors and the State of Oklahoma support the schedule and join in this Motion.
On August 28, 1981, counsel for the Intervenors, the State of Oklahoma, the Applicant, and the NRC Staff met pursuant to the Licensing Board's October 25, 1979, Order to Si10010233 810925
?
PDR ADOCK 05000556 o
P_D_R
. try to reach agreement on the scope of, and a schedule for, the reopened haaring in Black Fox.
At that time, the NRC Staff indicated the following projected review schedule for Black Fox Station.
Applicant's Emergency Plan Submitted 8/31/81 Applicant's TMI Amendments to PSAR 10/5/81 Submitted l
SER Supplement No. 3 Issued 12/15/81 ACRS Meeting on Supplemen No. 3 2/82 (If Required)
ACRS SSER 3/82 This information was used to develop the schedule set forth below.
A number of telephone conversations between counsel have occurred since the August 28, 1981, meeting.
As a result of the meeting and the subsequent dis, assions, counsel for the Applicant, Intervenors, and the State of Oklahoma agreed to the schedule set forth in this Motion.
While the schedule represents the agreement on the timing for discovery requests and pretrial motions, it does not represent a waiver of any l
limitation on permissible discovery.
1 l
1 1.
Contentions challenging the sufficiency of the Applicant's Emergency Plan and TMI PSAR Amendments
, to meet NRC regulations and motions to reopen the hearing record on other issues will be filed 30 days after the Applicant files the TMI Amendments to its PSAR [ November 5, 1981*].
Responses to the contentions and motions to reopen the hearing record are due within 15 days after said pleadings are filed [ November 20, 1981].
Informal discovery begins between any two parties on contentions proposed by one and not challenged by the other.
(The Applicant has agreed not to contest the timeliness of any contentions based on the Appli-cant's Emergency Plan and TMI Amendments or motions to reopen the record which are filed by the date specified above.)
2.
Thirty days after the contentions and motions to reopen the hearing record are filed, the Licensing Dates in brackets are for reference.
They assume that the review schedule is met and that the Licensing Board issues an order ruling on contentions the same day at a prehearing conference.
. Board will hold a prehearing conference to consider them.
[ December 7, 1981].
Formal discovery on accepted contentions cormences immediately after the Licensing Board's order ruling on contentions.
3.
All discovery on admitted contentions will be con-cluded 45 days after the Licensing Board's order
[ January 21, 1982].
Parties will ensure that all interrogatories on admitted contentions are received by the answering party at least 14 days prior to the conclusion of discovery [ January 7, 1982].
4.
Within 31 days after SER Supplement No. 3 is issued, any contentions based on any matters newly raised in the Supplement and any challenges to NRC regulations pursuant to 10 C.F.R.
S 2.758 will be filed [ January 15, 1982].
Responses to this second round of contentions and to any rule challenger are due within 15 days after these contentions and rule challenges are filed [ February 1, 1982].
Informal discovery begins between any two parties on contentions proposed by one and not challenged by the other.
~5-5.
Licensing Board will hold a second prehearing conference 15 days after responses are filed to consider the contentions and rule challenges identified in paragraph 4 [ February 16, 1982].
Formal discovery on any contentions admitted in this second round will commence immediately after the Licensing Board's order ruling on contentions.
6.
All discovery on contentions admitted in this second round will be concluded 30 days after the Licensing Board's Order [ March 18, 1982].
Parties will ensure that all interrogatories on these contentions are received by the answering party at least 14 days prior to the conclusion of discovery (March 4, 1982].
7.
All motions for summary disposition will be filed no later than 14 days after the conclusion of dis-covery or the Licensing Board's order following the second prehearing conference, whichever is later [ April 1, 1982].
Responses to any motions for summary disposition will be filed within 25 days after such motions are filed [ April 26, 1982].
1
. 8.
All testimony will be filed 30 days after the Licensing Board's ruling on motions for r4ummary disposition.
9.
Hearing to commence two weeks after testimony filed.
CONCLUSION In view of the agreement of counsel for the Applicant, the State of Oklahoma, and the Intervenors to the above schedule, this Joint Motion should be granted.
Respectfully submitted, C
VI M
S ggr6ph gallo p
On Behalf of Public Service Company of Oklahoma, the State of Oklahoma, Citizens Action for Safe Energy, Mr.
Lawrence Burrell, and Ms.
Ilene Younghein ISHAM, LINCOLN & BEALE Sui *e 325 1120 Connecticut Avenue, N.W.
Washington, D.C.
20036 (202) 833-9730 Dated:
September 25, 1981
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND mICENSING BOARD In ~he Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, l'nc. )
Docket Nos. STN 50-056 and
)
STN 50-557 Western Farmers Electric Cooperative
)
)
(Black Fox Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the September 25, 1981, letter to the Licensing Board from Joseph Gallo and the JOINT MOTION TO ESTABLISH HEARING SCHEDULE in the above-captioned proceeding were served upon Judges Wolfe and Shon and the NRC Staff by hand-delivery and upon the cther persons shown below by deposit in the United States mail, first-class postage prepaid, this 25th day of September, 1981.
Sheldon J. Wolfe, Esquire Docketing and Service Section Administrative Judge Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.
S.
Nuclear Regulatory U.
S.
Nuclear Regulatory Commission Commission Washington, D.
C.
20555 Washingt:n, D.
C.
20555 Atomic Safety e7d Licensing Mr. Frederick J.
Shon Board Panel Administrative Judge U.
S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Panel Washington, D.
C.
20555 U.
S.
Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D. C.
20555 Appea.' Board Panel U.
S.
NucleTr Regulatory Dr. Paul W.
Purdom Commissior.
Administrative Judge Washington,
.).
C.
20555 U.
S.
Nuclear Regulatory Commission
)
c/o Environmental Studies Group Drexel University 32nd and Chestnut Streets Philadelphia, PA 19104
l
. Dennis C.
Dambly, Esquire James H.
Thessin, Esquire Counsel for NRC Staff Counsel for NRC Staff U.
S.
Nuclear Regulatory U.
S. Nuclear Regulatory Commission Commission Washington, D.
C.
20555 Washington, D.
C.
20555 Joseph R.
Farris, Esquire Mr. Maynard Human Feldman, Hall, Franden, Reed General Manager
& Woodard Western Farmers Electric 816 Enterprise Building Cooperative Tulsa, Oklahoma 74103 P.
O. Box 429 Andarko, Oklahoma 73005 Mr. Clyde Wisner Public Affairs Officer Mr. Gerald F.
Diddle NRC Region 4 General Manager 611 Ryan Plaza Drive Associated Electric Suite 1000 Cooperative, Inc.
Arlington, Texas 76011 P.
O. Bcx 754 Springfield, Missouri 65801 Mrs. Carrie Dickerson Citizens Action for Safe Michael L.
Bardrick Esquire Energy, Inc.
Assistant Attorney General P.
O.
Box 924 State of Oklahoma Claremore, Oklahoma 74107 112 State Capitol Building Oklahoma City, Oklahoma 73105 Mrs. Ilene H.
Younghein 3900 Cashion Place Mr. John A.
Basile Oklahoma City, Oklahoma 73112 Manager, BFS Plant and Nuclear Licensing Mr. Lawrence Burrell Public Service Company of Route 1, Box 197 Oklahoma Fairview, Oklahoma 73737 P.
O.
Box 201 Tulsa, Oklahoma 74102
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