ML20032B240

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Memorandum & Order Re 811029 Telcon.Joint Applicants Request for Prehearing Conference Granted & Conference Set for 811118 in Phoenix,Az.Directs Pl Hourihan to File Responses to Utils & NRC Interrogatories
ML20032B240
Person / Time
Site: Palo Verde  
Issue date: 11/03/1981
From: Lazo R
Atomic Safety and Licensing Board Panel
To: Hourihan P
HOURIHAN, P., JOINT APPLICANTS - PALO VERDE, NEW MEXICO, STATE OF
References
ISSUANCES-OL, NUDOCS 8111050335
Download: ML20032B240 (4)


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UNITED STATES OF AMERICA DOLKElEO NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD *81 NOV -4 A10:18 Administrative Judges:

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Robert it. Lazo, Chairman /h([k l

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Docket flos. STN 50-528-OL ARIZONA PUBLIC SERVICE COMPANY, E

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STN 50-529-0L

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STN 50-530-0L (Palo Verde Nuclear Generating Station,

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Units 1, 2 and 3 Operating License

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Proceeding)

November 3, 1981

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MEMORANDUM AND ORDEP, A tel.ephone conference initiated by the Chainaan was held on October 29, 1981, among the parties to the above-captioned proceeding. Those conferring were Messrs. Arthur C. Gehr, representing the Joint Applicants, Henry J. McGurren, representing the NRC Staff, Rand L. Greenfield, representing the Attorney General of the State of New Mexico, Ms. Patricia Lee Hourihan, Intervenor, and Judge Lazo, Chairman of the Board.

The primary purpose of the telephone conference was to establish a date for a prehearing conference as requested by the Joint Applicants in a pleading filed October 1,1981, and, additionally, to discuss respenses by the Intervenor to the several motions outstanding filed by the Joir.' Applicants and NRC Staff.

It was established that November 18, 1981, would be acceptable to all parties as a date to hold a prehearing conference as requested by Joint Applicants.

In this connection, counsel for Joint Applicants inquired if the b

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2 Board would desire to visit the Palo Verde plant site at the time of the prehearing conference and, if so, asked that advance notice be given to permit appropriate arrangements to be made to permit the Board, counsel for the parties and the Intervenor to visit the Palo Verde site as a group.

In response to the Chairman's inquiry of Intervenor's intentions regarding the Board's Memorandum and Order dated August 31, 1981, directing Intervenor to respond to interrogatories relating to Contention No. 8, and the Joint Applicants' motion to dismiss such contention for failure to respond to such interrogatories, the Intervenor advised the parties and the Board that she was " dropping" Contention No. 8.

The Chairman also inquired of the Intervenor's intentions with respect to the motions filed by the Joint Applicants and the f:RC Staff to compel Intervenor to answer their respective second sets of interrogatories and the Joint Applicants' mot' ion to designate a time for answering their request for admissions. After some discussion, Intervenor agreed to file answers to such second sets of interrogatories and request for admissions on November 13, 1981.

The Chairman also reported that Intervenor had avised rim by telephone on Septembsr 23, 1981 that she had responded to the Board's Memorandum and Order dated August 31, 1981, respecting her participation in this proceeding by sending Mailgrams dated September 11, 1981 addressed to the Secretary of the Commission and to the Chairman. The Chairman further advised that since neither Mailgram had been received by its ad,dressee, he had requested the Intervenor to confirm in writing the fact that she has sent the Mailgrams, which she did on October 19, 1981 by mailing copies of such Mailgrams to the Chairman who received them on October 23, 1981. The Chairman also stated that

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he 'had, on October 26, 1981, instructed the Docketing and Service Branch of the Office of the Secretary to serve copies of such Mailgrams upon all perties.

Mr. Greenfield inquired respecting the status of the Attorney General of the State of flew Mexico in the proceeding, and, after some discussion, requer+ed and was granted the opportunity to respond on or before November 13,1981, to the Joint Applicants' answer and the. NRC Staff's response to the Attorney _ General's Motion to Participate in this Prcceeding as an Interested Agency of the State of New Mexico.

Accordingly, it is this 3rd day of November 1981 ORDERED 1.

That Joint Applicants' Request for Prehearing' Conference is granted and such prehearing conference shall be held in Phoenix, Arizona, on November 18, 1981, at 9:30 a.m., at a location to be hereafter desin ted by the Board. At such prehearing conference, the Board will consider'(1) the adoption of a hearing schedule as proposed by the Joint Applicants'with such mo6ifications thereof as the Board may deem appropriate; (ii) the Joint Applicants' proposal respecting the offsite einergency plan; (iii) such actions as may be appropriate to dispose of all outstanding motions filed by Joint Applicants and the NRC Staff; (iv) the participation of the Attorney General of the State of New Mexico as an interested agency of such State; and (v) such further matters as may aid in the orderly disposition of this proceeding. The Board will give notice to the parties and to the Attorney General of the State of New Mexico, if and when the Board, together with Counsel for the parties, the Int'ervenor and counsel for the Attorney General of the State of New Mexico (unless any of them decline to make such visit),

will visit the Palo Verde site.

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That -Intervenor shal1 file responses to the Joint Applicants' 'and J

ilRC Staff's respective second sets of interrogatories 'and Joint Applicants'

- request for admissions not later than November 13, 1981.

3.. That the Attorney General for the State of New Mexico is granted-

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i leave to respond on or before November 13, 1981,.to the Joint Applicants'

. answer and the NRC Staff's response to the Attorney General's Motion to Participate _as an Interested Agency of the State of New Mexico.

FOR THE ATOMIC SAFETY AND

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LICENSING BOARD

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Robe'rt M. Lazo, Chairfag ADMINISTRATIVE JUDGE l

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