ML20040F012
| ML20040F012 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 02/02/1982 |
| From: | Dignan T Maine Yankee, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8202080205 | |
| Download: ML20040F012 (4) | |
Text
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ta-UNITED STATES OF AMERICA
'82 FEB -4 P 3 :36 NUCLEAR REGULATORY COMMISSION eIq e
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In the Matter of
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KETT
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MAINE YANKEE ATOMIC POWER COMPANY
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Docket No. 50-309-OLA
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(Spent Fuel Compaction)
(Maine Yankee Atomic Power Station)
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APPLICANT'S ANSWER TO THE MOTION OF THE STATE OF MAINE FOR A PREHEARING CONFERENCE AND THE REQUEST FOR SAME BY SMP
Background
The State of Maine (Maine) served, on January 21,1932,1[
a Motion for Prehearing Conference.
In this speaking motion Maine argues that a prehearing conference is necessary "to consider the amended contentions
., the objections to conten-tions, the responses to the objections and other matters deemed appropriate pursuant to $ 2.751(a)."
The intervenor Sensible Maine Power (SMP) has also tacked a request for a prehearing 1/ The Motion is dated January 19, 1982, and is accompanied by a filing covering letter dated January 20, 1982, but the certifi-cate of service recites service as having been made on January 21, 1982.
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82020eO205 820202 PDR ADOCK 05000309 G
b conference on the end of its " Response to Staff and Applicant Objections to Intervenor Contentions" served January 24, 1982.
See pp. 23-24 The Applicant responds to these requests herein.2/
Discussion As we have stated in a previous filing 3/ the question of whether any requested prehearing conference is held is generally a matter for the Board's sound discretion.
However, we would point out that insofar as the prehearing conference is being requested in order to orally argue the admissibility of conten-tiens now filed, opposed, and as to which a reply to the opposi-tion has been filed, no greater need for such a conference exists now than existed on December 30, 1981, when the Board denied a similar request.
The Applicant is content to let the admissi-bility of contentions be decided "on the papers" as was previously contemplated.
Maine and SMP should not object as they have already had the last opportunity to argue.
2/ The request of SMP is not in a form cognizable in the proceed-ing.
However, what is said concerning Maine is equally applicable to SMP and the two requests should be treated the same.
eply of the Applicant to the State of Maine Request for R
Notice and Order Scheduling Prehearing Conference and Letter from SMP at 2-3 (November 2, 1981).. _ _
s Insofar as the prehearing conference is requested to discuss discovery schedules and other matters,$/ the prehearing conference would be premature because the scope of discovery will be governed by the contentions admitted.
10 CFR $ 2.740(b)(1).
Respectfully submitted, Thomas G. Dignan, Jr.
Thomas G. Dignan, Jr.
R. K. Gad, III Ropes & Gray 225 Franklin Street Boston, MA 02110 617/423-6100 Counsel for the Applicant February 2, 1982
-4/Applicant has not forgotten its obligation to propose, and hopefully obtain agreement on a discovery schedule after the admissibility of contentions is settled.
See Tr. Aug. 11, 1981 at 166.
I -
CERTIFICATE OF SERVICE I, Thomas G.
Dignan, Jr., hereby certify that on February 2, 1982, I made service of the within document by mailing a copy thereof, postage prepaid, to:
Robert M. Lazo, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Cadet H. Hand, Jr.
Director, Bodega Marine Laboratory University of California P.O. Box 247 Bodega Bay, California 94923 Administrative Judge Peter A. Morris Atomic Safety and Licensing Board Panel U.S. Nucleat-Regulatory Commission Washington, D.C.
20555 Henry J. McGurren, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 David Santee Miller, Esquire 213 Morgan Street, N.W.
Washington, D.C.
20001 Rufus E. Brown, Esquire Deputy Attorney General Department of the Attorney General State House - Station #6 Augusta, Maine 04333 Thomas G.
Dignan, Jr.
Thomas G.
Dignan, Jr.
s