ML20033D023
| ML20033D023 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 11/25/1981 |
| From: | Miller D MILLER, D.S., SENSIBLE MAINE POWER |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8112040600 | |
| Download: ML20033D023 (5) | |
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%; QED UhITED STATES hUCLEAR REGULATORY COMMISSION *di g q Atomic Safety and Licensing Board ik ECMTM-Eihthc;?gY In the Matter of
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Docket No. 50-309 OLA
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MAINE YANKEE ATOMIC POWER COMPANY,
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(To Increase and Modify
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(Maine Yankee Atomic Power Station), )
Spent Fuel Pool Stora N*
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Applicant. )
and Systems; Compa y k)[_a 1 n
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IhTERVENOR'S MOTION FOR PREHEARING DEC3 198W CONFERENCE AND FOR RELATED RELIEF
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S Intervenor Sensible Maine Power, ("SMP" or "Intervenor"), inoves[
this Board to order a prehearing conference in this case, and for the related relief more particularly described below.
Statement of Procedural History On June 22, 1981, this Board scheduled a Prehearing Conference for August 11, 1981, thus requiring Intervenor and the State of i
Maine, (" Maine"), to file specific contentions in this proceeding by July 27, 1981.
Both SMP and Maine complied with such schedule.
I Sometime thereafter, Applicant Maine Yankee Atomic Power Com-pany, (" Applicant"), filed a new, modified storage design, reduc-ing center-to-center spacing between fuel assemblies from 10.5 in-ches to 10.25 inches.
This filing was received by Maine on or about August 8, 1981, but was not received by SMP or by any member of 3
this Board at any time prior to the Special Prehearing Conference.
f
//f I SMP incorporates by reference, as necessary and applicable, the facts stated in its letter of October 23, 1981, to Chairman Lazo, and such applicable facts as are set forth in Maine's " Request" of October 26, 1981 8112040600 811125 PDR ADOCK 05000309 G
As referenced in a letter from NRC Staff to Applicant,2 through-out this period there was due from Applicant a " final report" or
" complete report", as an updated, comprehensive presentation of technical information in support of the operating license amendments proposed by Applicant.
As noted in said letter, Applicant's final report had not been filed on August 12, 1981, (the day after the prehearing conference, which date had apparently been chosen by MYA),
and in fact said report was not filed until October 5,1981, the very day on which Maine's and SMP's contentions were due.
Withouc elaboration upon the point, Applicant's " complete report" contains new, modified, supplementary and/or additional information, not previously made available by Applicant to the parties, which provides a basis for additional contentions.
By letter to the Chairman of this Board on October 23, 1981, SMP objected to Applicant's delayed filings and requested that the Board consider measures to discourage Applicant from continuing the same, and to protect the rights and interests of SMP and Maine in the pre-paration and presentation of their Specific Contentions.
On October 26, 1981, Maine filed a " Request for Notice and Order Scheduling Prehearing Conference", which was responded to by Applicant on No-vember 2, 1981, and by NRC Staff Counsel on November 16, 1981.
Argument SMP here incorporates by reference the applicable arguments de-1 veloped in its letter of October 23, 1981, and those applicable 2Letter frcm Mr. Robert A. Clark of the NRC to Mr. Robert H. Groce of Maine Yankee, filed as page 18 of SMP's contentions; quoted and referenced (page 1 and footnote 4) in SMP's letter of October 23, 1981. ;
.. s from Maine's " Request" of October 26, 1981.
With due respect to all parties and counsel involved, SMP suggests that perhaps an excess of law has been bruited back and forth and back amongst the parties, and that the issue developed here can be more simply viewed: S!!P and Maine possesc a substantial, constitutionally grounded right to a full, detailed and current technical disclosure from Applicant, furnished in a timely manner, sufficient to allow the parties a fair and reasonable opportunity for the preparation and presentation of specific contentions in this case.
We respectfully submit that on the facts and circumstan-ces presented herein, such opportunity has been unfairly and unrea-sonably restricted, if not in fact denied, and that this Board should order the curative measures proposed below.
An intervention proceeding is not a transaction amenable to pur-suit in a vacuum, but rather one requiring orderly and timely parti-cipation from all parties.
An obligation rests with the Staff to pursue, and upon the Applicant to furnish, a full, detailed filing of technical information in support of Applicant's proposed amena-ments.
Not until such complete and current filing ';ac of:en made can i
intervenors be held to prepare and present specific contentions.
l Let us pause to consider the nature, as well as the possession and control, of the information here at issue.
This is not a simple torts case or a domestic relations matter where all parties are equally able to obtain an early and complete factual investigation of the case on a more or less equal footing; rather it is a technic-ally-oriented administrative proceeding treating complex scientific issues -- information upon which is within the (functionally) sole i
and exclusive control of Applicant; thus there is an altogether un-i,
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r avoidable reliance upon Applicant to furnish this information, and to furnish it in a timely manner.
Further, we are in the earliest, most preliminary stages of this proceeding, in which Maine has not yet even been admitted as an intervenor.
This is not a situation where extended discovery has developed new information, beyond Applicant's immeciate control, sufficient to require repleading a contention -- rather it is a situ-ation where continuing changes in Applicant's delayed filings re-quire new or additional pleadings to conform to the new information.
Also upon the facts and circumstances presented here, the grant-ing of this motion not only works no prejudice upon Applicant, which by its own admission has some six years' storage capacity remaining, but also significantly enhances the administrative efficiency of these proceedings to the benefit of all parties, including Applicent
-- achieving a unified and consolidated treatment of all the issues presented in this case.
Upon the foregoing considerations SMP moves this Board to order:
1.
That a period of time be allcwed SMP and Maine for the preparation and filing of new or additional Specific Contentions, and for any necessary amendment of existing contentions, derived from Applicant's filing of October 5th, 1981, sixty (60) days being
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requested therefor; and 2.
That a Prehearing Conference be had, subsequent to the filing of responses to such contentions from Applicant and NRC
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Staff Counsel, to include oral argument upon disputed contentions.
Intervenor also respectfully suggesta that the current moment provides an opportunity to determine whether Applicant's " complete report" or " final report" is in fact what such titles indicate, or whether Applicant now contemplates or has in process any further or additional changes as those noted herein.
Respectfully submitted, ll
- As David Sa., tee Miller Counsel for S. M. P.
213 Morgnn Street, H. W.
Washing' con, D. C.
20001 Telephone:(202)638-0483 D. C. Bar No. 216499A CERTIFICATE OF SERVICE I hereby certify that I have caused the foregoing Motion to be served upon the following named persons or offices by mailing copies or the original hereof, first class regular mail postage prepaid, this 25th day of November, 1981, to:
Original and Two Copies; Jay M. Gutierrez, Esquire Docketing & Service Branch Staff Counsel, O. E. L. D.
U. S. Nuclear Regulatory Cman.
U. S. Nuclear Regulatory Cmsn.
Washington, D. C. 20555 Washington, D. C.
20555 Dr. Robert M. Lazo, Chairman Thomas G. Dignan, Jr., Esq.
Atomic Safety & Licensing Bd.
and R. K. Gad, III, Esq.
I U. S. Nuclear Regulatory Cman.
Ropes and Gray l
Washington, D. C.
20555 225 Franklin Street l
Boston, MA 02110 l
Dr. Cadet H. Hand, Jr.
l Director, Bodega Marine Lab David Colton-Manheim University of California Box 386, Bedford's Barn i
Post Office Box 247 Gouldsboro, ME 04607 l
Bodega Bay, CA 94923 i
Dr. Peter A. Morris Atomic Safety & Licensing Bd.
U. S. Nuclear Regulatory Cmsn.
l Washington, D. C.
20555 Office, Exec. Legal Director U. S. Nuclear Regulatory Cmsn.
Washington, D. C.
20555 David Santee Miller Counsel for S. M. P.