ML20032D904
| ML20032D904 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 11/09/1981 |
| From: | Jeffrey Riley CAROLINA ENVIRONMENTAL STUDY GROUP |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111180274 | |
| Download: ML20032D904 (4) | |
Text
y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOLKETED BEFORE THE ATOMIC SAFEI8YN ibLCENSING BOARD U RC
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'81 NOV 12 P555
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In he Matter of g,
30V17198I** g Nos. 50-glyE or SECRETARY DUKE POWER COMPANY, et al<., ")jb,Ikackq.
50-4-lgET iggjERVICE (Catawba Nuclear Station,\\ (Q)g
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Units 1 and 2)
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s CESG'S RESPONSE 2 ARD'S ORDER CONCERNING DATE FOR PREREARING CONFERENCE
.The At.omic Safety and Licensing-Board (Board) on October 19, 1981, issued an Order asking each of the petitioners and the NRC stafftocommentonascheduleprohosedbyApplicant, letter to Board, October 14, 1981, calling for a prehearing conference during the week of December 14
.The Board set October 28 as the
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date for comments.
CESG is submitting its response November 9, believing that it has good,ause for untimely filing.
Before addressing the matter of schedule CESG would like to note that the meeting between some petitioners and Applicant on October 6, 1981, referred to in Applicant's letter of October 14, was not, at the time it was proposed by Applicant, representet as concerned with stipulation.
A phone call from Mr. Porter to Mr. Riley in the week of September 25 suggested a talk about the l
forthcoming Catawba proceeding.
There was no mention of develop-1/
Meetings between Applicant and other petitioners in the matter of stipulating contentions, a procedure this Board favors, have taken place as recently as October 29 and 30.
A letter dated. November 6, 1981, from Applicant to Mr. Precler of CMEC and of November 2,1981, from Applicant to Mr. Guild, counsel i
for the Palmetto Alliance, show the stipulation process to be ongoing between Duke and CMEC.
It is our view that these post October 28 developments, of which CESG had intimations, had not sufficiently ripened until November 6 to make an appropriate response possible.
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s ing a stipulation of contentions.
At the commencement of the
.0ctober 6 meeting Messrs. Carr and McGarry, for Applicant, indicated that it was their concern to determine precisely what it was that each of the petitioners, CMEC, SEA, and CESG regarded as the issues.
These matters were articulated by the.several representatives with-queries and exchanges with Messrs. Carr l
I and McGarry.
It was only after this identification and clar-ification of the issues that Mr. McGarry suggested entering into a stipulation of contentions.
CESG then indicated that it was not interested.
If, at the time of propbsing the meeting, i
Applicant had indicated its interest in a stipulation of contentions it is unlikely that CESG would have participated.
As to schedule, we see merit in the Staff's suggescion that three weeks be allowed between the time of filing contentions and the parties' responses, and holding the prehearing conference approximately a week after responses have been received.
To enable Mr. Guild to meet the legal obligations he refers to in his response and to work no unnecessary hardship on those preparing responses during the holiday season, there clearly being-no urgency as to the timing of the conference, the need for the 2/
CESG.is cognizant that the Board " commended efforts to date to work out a stipulated set of contentions" and asks "all the petitioners and Staff to join with the Applicant in these efforts."
It is CESG's view that the tryers of fact have an obligation which is best served by an active role in the determination of issues including introducing, sua sponte, matters of importance which have been neglected by the petitioners.
It is our belief that an appropriate definition of issues is more likely to result from a procedure in which-the contentions of the petitioners are aired before the Board, nd accepted, rejected, amended or added to by the Board rather than arrived at by dealings between tne petitioners and the parties.
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Catawba plant being a CESG issue, we suggest December 7 as the date for. filing contentions, January 14, 1982, as the date for filing: responses to the contentions, and the week of January 18, mail delivery time being what it is, as the time for the prehearing conference.
Respectfully submitted, i
_ ]A7dl Jesse L. Riley, Friesident Carolina Environmental Study Group B5h Henley Place Charlotte, NC 28207 704-375-k342 November 9, 1981 i
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u UNITED STATES OF AMERICA NUCLEAR REGULATORY-COMMISSION DOLKETED UMRC BEFORE THE ATOMIC SAFETY AND~ LICENSING BOARD 11 NW 12 P5295 In the Matter of
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640
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La ICE OF SECRETARY DUKE POWER COMPANY, et al.,
Docket Noijj0r ERVICE (Catawba Nuclear Station,
)
Units 1 and 2)
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AFFIRMATION OF SERVICE I hereby affirm that copies of "CESG'S RESPONSE TO BOARD'S ORDER CONCERNING DATE FOR PREHEARING CONFERENCE" in the above captioned matter have been served on the following in the U.S.
mail, first' class, this'9th day of November, 1981:
James L. Kelley, Chairman Michael McGarry, III, Esq.
Atomic Safety & Licensing Board Debevoise and Liberman U.S. Nuclear Regulatory Commission 1200 17th Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 Dr. Dixon Callihan William L. Porter, Esq.
Union Carbide Corporation Albert V. Carr, Esq.
P.O. Box Y Duke Power Company Oak Ridge, Tennessee P.O. Box 33189 Charlotte, NC 282h2 Dr. Richard F. Foster P.O. Box 4263 Edward G. Ketchen, Esq.
Sunriver, Oregon 97701 Counsel for NRC Staff U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Appeal Panel Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Robert Guild, Esq.
Attorney-at-Law Atomic Safety & Licensing Board 31h Pall Mall Panel Columbia, SC 29201 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Palmetto Alliance
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2135% Devine Street Docketine and Service Section.
Columbia, SC 29205 U.S. NucTear Regulatory Commission Washington, D.C.
20555 Henry Presler, Chairman
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Charlotte Meck. Env't'1. Coalition Richard P. Wilson, Esq.
942 Henley Place Assistant Attorney General Charlotte, NC 28207 2600 Bu11' Street Columbia, SC 29201 y at 0. l u/
Jes'se L. Riley for CESG n,_ _
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