ML20039A078

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Scheduling Order Directing Evidentiary Hearings to Commence on 820309 Re Contentions 1,2,3,4,6 & 7.Discovery to Commence Immediately,Close on 820122 for Above Contentions & Remain Open on Other Contentions
ML20039A078
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 12/11/1981
From: Mark Miller
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
NUDOCS 8112160199
Download: ML20039A078 (3)


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NUCLEAR REGULATORY COMMISSION

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Before Administrative Judges:

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Marshall E. Miller, Chairman.

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Dr. Kenneth A. McCollom g.,

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Dr. Richard F.. Cole p

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In the Matter of

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50-446' TEXAS UTILITIES GENERATING COMPANY, et al. )

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(Comanche Peak Steam Electric Station,

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Units 1 and 2)

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December 11, 1981

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d38l SERVED DEC 1 SCHEDULING ORDER The Board has been informed by the NRC Staff that it is prepared to go to evidentiary hearing on-Contentions 1, 2, 4, 5, 6 and 7 and, if an evidentiary hearing is necessary, on Contentions 14 and 19 (adopted by the Board sua sponte when ACORN withdrew from this proceeding).

The Staff will also investigate and advise the Board and parties whether it will be pre **

pared to address Contention 3 at an evidentiary hearing in March, 1982.

The Staff expects to be prepared to address Contention 22 in the Spring of 1982. As to the other contentions adopted by the Board sua sponte, the Staff anticipates completing its consideration of Contentions 12, 13, 15, 16 and 17 in September, 1982.

It will complete its consideration of

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Contention 18 in April or May, 1982.

The Staff is unable at this time to indicate when it can address Board Questions 1 and 3.

pol In view of the above information concerning the Staff's completion of j

i its technical review, the Board establishes the following schedule in order b?0$bb$kkh P, DR.

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to commence evidentiary hearings on Contentions 1, 2, 3, 4, 6 and 7 on March 9, 1982. At the request of the Intervenors, evidentiary hearings on Contention 5 will be set at some-later date.

Discovery shall commence immediately on all issues.

Discovery will close January 22, 1982 for Contentions 1, 2, 3, 4 6 and 7.

Discovery on all other contentions 'shall continue.

Motions for summary disposition of the contentions to be addressed -in-March must be received no later than January 29, 1982. The parties are reminded that these motions may be filed before that time and urges that they be filed as early as. possible.

Responses to motions.fo.r summary disposition must be' received within the time limits set forth in Commission's Rules of Practice (10 CFR 52.746).

Expedited delivery must be made to the Board and parties in accordance with 10 CFR 562.710 and 2.712, as recently amended. A response received after*

February 16, 1982 will not be considered timely even if less time is allcwed than would otherwise be permitted under the regulations (10 CFR 552.711 and 2.749).

Prefiled direct testimony on contentions to be heard in March must be received by March 2, 1982. An evidentiary hearing will begin at 9:00 a.m.

Tuesday, March 9, 1982 on Contentions 1, 2, 3, 4, 6 and 7, at a location i

in Texas to be specified later by notice of hearing.

The Staff is directed to inform the Board by January 4, 1982 i,f it will be unable to proceed to hearing on Contention 3 on March 9,1982,

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3-or if the SER or the SSER have been so significantly amended concerning that issue that it would be unreasonable to require the other parties to go to hearing on March 9.

If the Staff so advises the Board, it will con-sider deferring hearings on Contention 3 and modifying this order so that the deadlines set forth herein will not apply to Contention 3.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 4

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Marshall E. Miller, Chairman.

Dated at Bethesda, Maryland this lith day of December, 1981.

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