ML20039C233
| ML20039C233 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 12/23/1981 |
| From: | Frye J Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8112290092 | |
| Download: ML20039C233 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CD:c211SSION ATOMIC SAFETY A:iD LICENSING BOARD
'81 EC 28 A8:35 Before Administrative Judges:
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Jonn H Frye, III, Chairman E ':i M. Stanley Livingston Frank F. Hooper
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In the Matter of Docket No. 50-358-01(
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CINCINNATI GAS & ELECTRIC COMPANY, et al.
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wy.c (Zimmer haclear Power Station, Unit 1)
December 23,$1981
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(Q MEMORANDUM AND ORDER
" 'OEC4c-)WJ (Memorializing Conference Call of December 22,1981)
On December 22, 1981, a telephone conference call was held in regard to this proceeding. The participants in the conference call were:
John H Frye, III, Chairman, Atomic Safety and Licensing Board; Troy B.
Conner, Jr., for Applicant Cincinnati Gas & Electric Company; Charles A. Barth, for the NRC Staff; Andrew B. Dennison, for Inter-venor Zimmer Area Citizens-Zimmer Area Citizens Kentucky (ZAC-ZACK);
Deborah Faber Webb, for the City of Mentor, Kentucky; and Lawrence R.
Fisse, Assistant Prosecuting Attorney for Clermont County, Ohio. The purpose of this memorandum is to memorialize those proceedings.
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. The purpose of tnat conference call was to f acilitate the pre-hearing preparaticn of the parties.
The call was prompted by a motion 1
of Applicant's dated Cecember 21,19S1, which sought various relief with respect to witness lists submitted pursuant to this Board's December 3,1931 prehearing conference crder by ZAC-ZACK and the City I
of Mentor.
In crder to f acilitate prehearing preparation, the Board ordered Appl ic ants, ZAC-ZACK, and the City of Mentor to exchange information as to the qualifications of those witnesses which they proposed to spen or, the scoce of the intended testimony of each designated wit-ness, and the specific portions of Intervenors' contentions which each proposed witness will address.
ZAC-ZACK will submit this infernaticn to the Applicants vie mail or telephone on or by December 24, 1931.
The City of Mentor will submit its witness list specifications to the Applicant by telephone on December 28, 1951.
Applicants will submit this information to ZAC-ZACK and Mentor by mail cr telephone or or by December 24, 1981.
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. Prior to the conference, the Board Chairman had signed 40 sub-poenas on Applicants' request directing Intervenors' proposed witnes-ses to appear for depositions on December 30. These subpoenas were discussed during the conference, ar.d it was agreed that Applicants will conduct no depositions on December 30, 1981, as it had originally sought to do.
Instead, the subpoenas are to be deemed amended so as to reschedule all such depositions for January 12, 1982.
Unless otherwise agreed by the parties, all witnesses are required to appear for depositions on January 12.
It is the Board's hope that the exchange of information provided above, as well as the availability of the witnesses' prepared testimony, on January 8, will serve to foreshorten the deposition process.
Applicants' counsel shall transmit these subpoenas together with the appropriate statutory fees, to counsel for ZAC-ZACK who shall deliver those directed to Mentor's sitnesses to Mentor's attorney; each lead intervenor is to deliver those subpoenas directed to its own witnesses.
Intervenor's counsel need not certify that such service was made; however, appropriate sanctions may be imposed should any witness not obey a subpoena.
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, The parties are directed to report to the Board by January 6, 1982, regarding the status of the prehearing preparation.
The parties are further directed to inform this Board by telephone pr ior to this date should problems arise in this exchange which they are unable to work out by themselves.
In the course of the conference call, the Board Chairman also solicited oral or written responses from the parties as to the City of Kentor's December 15, 1981 motion to reconsider this Board's Decem-ber 3, 1981 prehearing conference order, insof ar as that order appoin-ted ZAC-ZACK as lead intervenor for four contentions raised by.Nkntor, but which were neither similiar to nor consolidated with ZAC-ZACK's contentions.
As no party either objected to this procedural change or expressed an interest in responding to this motion in writing, this motion is granted.
The City of Mentor will serve as lead intervenor for its Contentions 2, 3, 4(i) and 4(k).
These ccatentions are pres-ently numbered 34, 35, 36 I, and 36 K, respectively. All direct and cross-examination with respect to these contentions will be conducted j
by Mentor's attorney; direct and cross-examination with respect to all other contentions will be conducted by ZAC-ZACK, which shall remain lead intervenor as to all other contentions.
Other Intervenors are directed to inform the counsel for either Mentor or ZAC-ZACK, as appropriate, of any matters which they wish to see addressed at hearing.
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. Af ter deliberation, this Board will issue a separate order with regard to the introduction of the applicable emergency response plans into evidence at hearing.
FOR THE ATOMIC SAFETY Af40 LICENSING BOARD W\\
Johnid Frje, III, Chairman admit'STRA IVE JUDGE Dated at Bethesda, Maryland, this 23rd day of December, 1981.
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