ML20035F572
| ML20035F572 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 04/15/1993 |
| From: | Kelber C, Kline J, Smith I Atomic Safety and Licensing Board Panel |
| To: | NORTHEAST NUCLEAR ENERGY CO. |
| References | |
| CON-#293-13884 92-665-02-OLA, 92-665-2-OLA, OLA, NUDOCS 9304220042 | |
| Download: ML20035F572 (6) | |
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'93 APR 15 All :41 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION U t si
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- ip : -}l ATOMIC SAFETY AND LICENSING BOARD
- i Before Administrative Judges:
Ivan W.
Smith, Chairman
, h APR 151993 Dr. Charles N. Kelber Dr. Jerry R. Kline In the Matter of NORTHEAST NUCLEAR ENERGY Docket Nos. 50-336-OLA-COMPANY FOL No. DPR-65 (ASLBP No. 92-665-02-OLA)'
(Millstone Nuclear Power Station, Unit No. 2)
(Spent Fuel Pool Design)
April 15, 1993 MEMORANDUM AND ORDER (Prehearina schedule)
The Licensing Board approved alternate schedules for motions for summary disposition or an evidentiary hearing in a telephone prehearing conference on April 7, 1993.
The Board suggested that the parties not avail themselves of the opportunity to file motions for summary disposition, but rather go directly to evidentiary hearing.
Counsel for Licensee agreed to consider that suggestion but indicated 9304220042 930415 g
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6 that his preference then was to attempt first to resolve issues by the filing of a motion for summary disposition.2 With that in mind, the Board approved the following schedule:
(1)
No later than April 30, 1993, Licensee would inform the parties and the Board if Licensee elects to go directly to hearing without availing itself of summary disposition opportunities.
We now change that step to require that Licensee inform the Board and parties of its firm decision to go to hearing or to file summary disposition motions, in either case, as soon as that decision is made, but no later than April 30.
(2)
No later than May 7, 1993, Licensee shall file either its motion for summary disposition or the written direct testimony to be offered into evidence at a hearing.
This step is enlarged by this order to include the filing of any proposed hearing exhibits not already in the hands of 2See Tr. 133.
Counsel for Licensee proposes that the door be left open to depose the Intervenor's expert witness, Dr. Kaku, in the event that any answer to summary disposition depends upon information which the Intervenor should have revealed in response to discovery requests.
The Board agrees that this would be appropriate upon a showing of good cause by Licensee.
E.c.,
Tr. 126.
. other parties or the identification of hearing exhibits known to be already in the hands of the parties.
(3)
In the event Licensee files a motion for summary disposition, the schedule for responsive pleadings shall be as set out in 10 C.F.R.
S 2.749.
(4)
In the event Licensee files written direct testimony on or before May 7, the written direct testimony, exhibits, or identification of exhibits by the Intervenor and NRC Staff shall be filed no later than May 24, 1993.
This order changes the step approved orally in that it requires the NRC Staff to file on this date.2 (5)
The Board approved June 22, 23, and 24, 1993 as the dates for an evidentiary hearing.
Tr. 144.
The NRC Staff has since reported that both principal Staff witnesses have previous important conflicts.8 Accordingly, we suspend that step and we shall reschedule it later.
Counsel for the NRC Staff shall consult with the other parties promptly upon learning of Licensee's decision to go to 2The oral discussion assumed that the NRC Staff by rule has an opportunity to file written direct testimony after the other parties.
Tr. 143.
This is not in fact the case.
Under the general evidence rule, written direct testimony is filed simultaneously by all parties "at least fifteen (15) days in advance of the hearing...."
10 C.F.R.
S 2.743 (b) (1).
' Letter from John T.
Hull to Members of the Licensing Board, April 9, 1993.
. hearing and propose a new schedule to the Board.
Staff shall also report any agreement on the place of the hearing.
FOR THE ATOMIC SAFETY ANb LICENSING BOARD
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S?dth, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland April 15, 1993
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
In the Matter of NORTHEAST NUCLEAR ENERGY COMPANY Docket No.(s) 50-336-0LA (Millstone Nuclear Power Station, Unit No. 2) i CERTIFICATE OF SERVICE 4
I hereby certify that copies of the foregoing LB M&O (PREHEARING SCHEDULE)-
have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
1 Office of Comission Appellate Administrative Judge Adjudication Ivan W. Smith, Chairman U.S. Nuclear Regulatory Comission Atomic Safety.and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Comission i
Washington, DC 20555 Administrative Judge Administrative Judge a
Charles N. Kelber Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regu'3atory Comission-Washington, DC 20555 Washington, DC 20555 John T. Hull, Esq.
Richard M. Kacich Ann P. Hodgdon, Esq.
Director, Nuclear Licensing j
Office of the General Counsel Northeast Utilities U.S. Nuclear Regulatory Comission P. O. Box 270 J
Washington, DC 20555 Hartford, CT 06101 Patricia R. Nowicki Mitzi S. Bowman Associate Director Coordinator EARTHVISION, INC.
DON'T WASTE CONNECTICUT 42 Highland Drive 97 Longhill Terrace South Windsor, CT 06074 New Haven, CT 06515 l
4 i
i Docket No.(s)50-336-OLA LB M&O (PREHEARING SCHEDULE) 1 Nicholas S. Reynolds, Esq.
John A. MacEvoy, Esq.
Mary Ellen Marucci Winston & Strawn 104 Brownell Street 1400 L Street, N.W.
New Haven, CT 06511 Washington, DC 20005 Michael J. Pray, AIA Frank X. Lo Sacco 87 Blinman Street 4 Glover Place, Box 1125 New London, CT 06320 Middletown, CT 06457 Joseph M. Sullivan Rosemary Griffiths 17 Laurel Street 39 South Street Waterford, CT 06385 Niantic, CT 06357 Professor Michio Kaku Department of Physics City College of New York 138th Street and Covent Avenue New York, NY 10031 Dated at Rockville, Md. this 15 day of April 1993 Office of the Secretary of the Commission
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