ML20041C674

Motion for Reconsideration of Part IV of ASLB 820219 Memorandum & Order.Prior Policy That Contentions Need to Be Completely Enumerated Until Filing of Motion Concerning Litigable Issues Should Be Reinstated.W/Certificate of Svc

ML20041C674
Person / Time
Site:	Point Beach
Issue date:	02/24/1982
From:	Patricia Anderson WISCONSIN'S ENVIRONMENTAL DECADE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8203020449
Download: ML20041C674 (5)

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WED-02/24/82-P:50266NRC.P32 o

UNITED STATES OF AMERICA 72 8 25 of.

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Wisconsin Electric Power Company @

3 POINT BEACH NUCLEAR PLANT UNITS 1 & 2 s DOCKET NOS. 50-266 AND 50-301 e f:!i t. . . ')

Operating License Amendment 2 g.

p\t-(Steam Generator Tube Sleeving Program) -- l jog l ._.

em c:e et t, DECADE'S MOTION TO RECONSIDER BOARD' S MEMORANDUM A D' CONCERNING A MOTION TO COMPEL AND OTHER MATTE S.. ORDER @ y,.d [

\Mi Wisconsin's Environmental Decade, Inc. (" Decade") , hereby moves the Atomic Safety and Licensing Board (" Board") in the above-captioned matter for reconsideration of Part IV(New Contentions) in its Memorandum and Order Concerning a Motion to Compel and Other Matters, dated February 19, 19 8 2 ("Or d e r ") in order to:

1. Reinstitute the prior policy that intervenors would not be required to complete their ennumeration of contentions until the filing of the motion concerning litigable issues that is due {

! 14 days following the close of discovery without a 10 C.F.R. # '

l l S 2.714 (a) (1) (i) to (v) showing; or, in the alternative, IO' l

l 2. Clarify that the Board's statement that " Decade . may i r.

i properly raise all matters already submitted on'the record of..~.

! ~~~~~~_. l this proceeding" embraces, inter alla, the matters ._ef'numera't'ed -in. uf ,7, :

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our letter to Staff, dated January 18, 1982. ---

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l This motion is made on the following grounds: -- -.. 'Z' --

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In response to the Licensee's request for accelerated consideration of its demonstration sleeving program, the Board es.tablished expedited procedures that required the proceeding to advance prior to the time normally allotted f or intervenors to file contentions. See, e.a., Memorandum and Order Requesting 1

Additional Information, dated October 1, 1981.

As a consequence of this " expedition [that] has been created by W[isconsin] E[lectric], which delayed filing its amendment only because of its incorrect assumption that a hearing would not be necessary," .Id . , at p. 5, the Board adopted different procedures for this case than are normally applied.

Specifically, in order to accom date the Licensee, the Board ,

scheduled discovery prior to the time for completing contentions and provided that, only upon conclusion of the discovery process,

! the intervenor would file a motion concerning litigable issues that would constitute the timely document that includes all of f the contentions the intervenor seeks to raise. Transcript p.

890.

l l To insure that there would be no possibility for ambiguity, the representative for the Decade repeatedly reiterated its

! understanding that the proper time to complete its ennumeration of contentions was not until the time for filing the motion concerning litigable issues, which understanding was confirmed by

the Board

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, "MR. ANDERSON: At the last, or at the time before we had a telephone conf erence, I specifically asked the Board ~

whether that was the juncture at which contentions supplemental to the original contentions should be filed. I l believe the response that you made was that that was not the time for that to occur, and that you would advise the parties when additional contentions should be made or

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b submitted.

"I just wanted to indicate, in response to what Mr.

Bachmann has said, that it is our intention to make a supplemental filing on contentions at the appropriate time, but as we understand it, and I would like to recapitulate that understanding, this is not yet the appropriate time in the Board's opinion."

" CHAIRMAN BLOCH: Let me comment that' we are about to establish some deadline on the completion of initial discovery requests and on your response to the discovery requests already filed on you.

"At that point, if I understand, the questions that have been asked of you through interrogatories, the parties will know the bases for those requests. We could go into very formalistic procedures which would require us to do everything twice. -

"I am not sure I understand the reason that we would It seems to me that we could just consider have to do that.

this single jump."

"MR. ANDERSON: So if were to do that by motion for summary disposition, f or example, a more f ormal statement which puts it all together, could occur in the response to the Licensee's motion for summary disposition, for example."

" CHAIRMAN BLOCH: That is correct."

Transcript pp. 866 to 867 (emphasis added). Egh also.

Transcript p. 770.

It would appear that the Board's February 19 determination for which reconsideration is sought inadvertently failed to take cognizance of the special procedures established in this case to accomodate the Licensee's claims of extreme urgency.

l But, in any event, the Decade has been acting in good f aith reliance on the Board's representations cited above. Theref ore, it would be inappropriate to fundamentally alter previously ectablished procedures in mid steam to the egregious disadvantage

! of the intervenor.

The motion for reconsideration, or, at the least, the alternative motion, should be granted.

DATED at Madison, Wiscons'in, this 24 th day of February, 1982.

WISgO N'S ENVIRONMENTAL DECADE, INC.

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by

\ PETER ANDERSON Director of Public Affairs 114 North Carroll Street Suite 208 Madison, Wisconsin 53703 (608) 251-7020 l

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t UNITED STATES OF A!GRICA

.* NUCLEAR REGULATORY CO!CdSSION Wisconsin Electric Power Company POINT DEACH NUCLEAR PLANT UNITS 1 & 2 Docket Nos. 50-266 and 50-301 CER'u FICATE OF SERVICE I certify that true and correct copies of the foregoing document will be served this day by depositing copies of the same in the first, class mails, postage pre-paid and correctly addressed, to the following:

, I% er B. Bloch, Chairman 'E2 FE8 26 P1 :14 Aton.ic Sefety & Licensing Board U. S. Nuclear Regulatory Commission ,y ;

Washington,.DC 20555 '.-

i Dr. Hugh C. Paxton 1229 41st Street Los Alamos, New Mexico 87544 Dr. Jerry R. Kline Atomic Safety & Licensing Board

] U. S. Nuclear Regulatory Commission Washington, DC 20555 Docketing & Service U. S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Richard Bachmann Office of Executive Legal Director U. S. Nuclear Regulatory Commission

Washington, DC 20555 r

Mr. Br,uce W. Churchill Shaw, Pittman, Fotts and Towbridge 1800 M Street NW Washington, DC 20036 l Mr. Francis X. Davis Westinghouse Electric Corporation P. O. Box 355 Pittsburgh, PA 15230 I A 'L/

7 u DV Dated -)

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