ML20053E008
| ML20053E008 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 06/04/1982 |
| From: | Perlis R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8206070523 | |
| Download: ML20053E008 (6) | |
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06/04/82 Uf11TFD STATES OF A!: ERICA NUCLEAR REGULAT0F.Y CCI:!:ISSI0i.'
BEFORE THE ATOMIC SAFETY AND LICEliSItiG BOARD In the Matter of Uf110N ELECTRIC COMPANY Docket No. STN 50-483 OL (Callaway Plant, Unit 1)
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f4RC STAFF RESPONSE TO " MOTION TO ESTABLISH HEARING SCHEDULE" FILED BY JOHN G. REED, AND " APPLICANT'S MOTION, AND ANSWER TO REED MOTION, TO ESTABLISH SCHEDULE FOR C0fiDUCT OF HEARING ON EMERGENCY PLANNIt1G ISSUES" On April 21, 1981, the Licensing Board, inter alia, admitted three emergency planning cententions subnitted by John Reed and established a trifurcated hearing schedule.
A hearing on construction issues was held in St. Louis last winter; the radiological contentions which were to be the subject of the second hearing were withdrawn by Joint Intervenors by letter of December 4,1981, which withdrawal was confined by Licensing Board Order dated December 7, 1981.
The sole issue remaining for hearing is that of emergency planning.
At the time Mr. Reed's contentions were admitted, the Board required that Contentions 1 and 3 be made more specific within fifteen days of the time emergency plans became available.
Special Prehearing Conference Order of April 21, 1981, 5-7.
Drafts of both on-site and off-site plans have been available to Mr. Reed for some time now, as have the draft emergency operating procedures for the town of Fulton and the four affected counties.
In his
" Motion to Establish Hearing Schedule" dated May 15, 1982, Mr. Reed has suggested that further specificatior. of his contentions should now await DON NE 8206070523820gg DR ADOCK 0500 IM PDR C6Hi b d By b50~7*,fo
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the submission of local plans to FEMA.
In its response and separate motian of May 21, 1982, the Acolicant has proposed a schedule which would t
rec;uire Mr. Reed to particularize his contentions by June 14, 1982. The i
Staff herein rcsperds to these picacir.gs.
At the outset, the Staff notes that the Applicant in its fili g accurately describes the previous attempts that have been made by the parties to resolve the matter of the particularization of Mr. Reed's contentions without the participation of the Board. Regrettably, the parties have been unsSecessful in this endeavor.
It is now apparent to
% 4he Staff that the emergency planning aspect of this proceeed'ng will no in i
e move forward without the involvement of the Board.
It appears from his motion that Mr. Reed's position in seeking to delay the particularization of his contentions is based upon his desire i
not to " rewrite [the) plans for local [querr.rcnt due tc tie neny ir-j adequacies that exist throughout c.rrent draft copies."
If this is g
indeed Mr. Reed's position, the Staff believes'it is totally without merit. Certainly, there is no sucgestion that, the plans are currently too vague for the drafting of proper conter.tions. Moreover, it is the Staff's understanding that the plans-are not in a great state of flux.
This is not to, say that the plans will not undergo changes in the future, l
but rather that the documents are firm enough today so that the drafting of' specific conttntions would not be an exercise in futility. Finally, we n'ote that Mr. Peed's fear of being forced to rewrite the emergency i
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l L-EVons has a rarticularly hollow riac te it.
lir. Eeed injected himself as l
'an*intervenor in this proceeding precisely because he desired to have
- ' revisions nade in the emergency plans'. While there is nothing whatso'ever d
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1 improper in this, the Staff submits that if Mr. Reed wishes to retain his status as an intervenor, he has a responsibility to adequately specify his concerns now.
The Staff has reviewed the schedule set forth on page 6 of Applicant's May 21, 1982 Motion and urges the Board to adopt it. We see no reason in delaying this proceeding any longer.
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The Staff wishes to formally register two other comments before the Board.
In his response to Apolicant's tiotion, lir. Reed submitted a
" Contention No. 4."
Without addressing the r:.erits of the centention at this time, the Staff wishes to make clear that insofar as this contention may be totally unrelated to tir. Reed's three earlier contentions, the Staff does not concede its timeliness.
Nor, contrary to Mr. Reed's statement that the contention "has been uncontested by either Applicant or Staff" (Reed Response at 3), does the Staff waive any objections it might have to the merits of the contention.
Finally, the Staff wishes to address Mr. Reed's note to t.he Board Chairman of flay 2,1982, concerning a response Mr. Reed is seeking from FEMA to a question he has pertaining to 'iUREG-0654. While the Staff has been advised that FEMA will be providing Mr. Reec with a response to his request sometime in the near future, the Staff is concerned that this not be used as another excuse for delay.
If Mr. Reed wishes by his third i
contention to challenge either the Applicant's or FEMA's interpretation of fiUREG-0654, he is free to do so. The failure of Mr. Reed to receive what he might consider a satisfactory response from FEMA should not,
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4-however, be accepted as a rationale for further delaying the specificity of his Contention 3 (or delayir.g any other aspect of the proceed'ng).
Respectfully subnitted, Robert G. Perlis Counsel for fRC Staff Dated at Bettesca,f:aryland this 4th day of June',1982.
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of UNION ELECTRIC COMPANY Docket No. STN 50-483 OL (Callaway Plant, Unit 1)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO ' MOTION TO ESTABLISH HEARING SCHEDULE' FILED BY JOHN G. REED, AND ' APPLICANT'S MOTION, AND ANSWER TO REED M01 ION, TO ESTABLISH SCHEDULE FOR CONDUCT OF HEARING ON EMERGENCY PLANNING ISSUES'" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 4th day of June, 1982:
Jemes P. Gleason, Esq., Chairman Administrative Judge Barbara Shull Atomic Safety and Licensing Board Lenore Loeb 513 Gilmoure Drive League of Women Voters of Missouri Silver Spring, MD 20901 2138 Woodson Road St. Louis, M0 63114 Mr. Glenn 0. Bright
- Administrative Judge Atomic Safety and Licensing Board Marjorie Reilly U.S. Nuclear Regulatory Commission Energy Chairman of the League of Washington, DC 20555 Women Voters of Univ. City, M0 7065 Pershing Avenue Dr. Jerry R. Kline*
University City, MO 63130 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Gerald Charnoff, Esq.
Washington, DC 20555 Thomas A. Baxter, Esq.
Shaw, Pittman, Potts & Trowbridge Mr. John G. Reed 1800 M Street, N.W.
Rt. 1 Washington, DC 20036 Kingdom City, MO 65262 Dan I. Bolef A. Scott Cauger, Esq.
President, Board of Directors Assistant General Counsel for the Coalition for the Environment, Missouri Public Service Commission St. Louis Region P.O. Box 360 6267 Delmar Boulevard Jefferson City, MO 65101 University City, MO 63130 n.
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I 2-t Donald Bollinger, Member Rose Levering, Member Missourians for Safe Energy Crawdad Alliance 6267 Delmar Boulevard 7370a Dale Avenue University City, MO 63130 St. Louis, M0 63117 i
Mr. Fred Luekey Kenneth M. Chackes Presiding Judge, Montgomery County Chackes and Hoare Rural Route Attorney for Joint Intervenors Rhineland, M0 65069 314 N. Broadway St. Louis, Missouri 63102 Mayor Howard Steffen Chamois, MO 65024 Professor William H. Miller Mr. Earl Brown Missouri Kansas Section, School District Superintendent American Nuclear Society P.O. Box 9 Department of Nuclear Engineering Kingdom City, MO 65262 i
1026 Engineering Building University of Missouri Mr. Samuel J. Birk Columbia, MO 65211 R.R. #1, Box 243 Morrison, MO 65061 Mr. Harold Lottman Presiding Judge, Dasconade County Robert G. Wright Rt. 1 Associate Judge, Eastern District Owensville, MO 65066 County Court, Callaway County, Missouri Eric A. Eisen, Esq.
Route #1 Birch, Horton, Bittner and Monroe Fulton, MO 65251 Suite 1100 4
1140 Connecticut Avenue, N.W.
Atomic Safety and Licensing Washington, DC 20036 Board Panel
- U.S. Nuclear Regulatory Commission Docketing and Service Section*
l Washington, DC 20555 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Appeal Board
- U.S. Nuclear Regulatory Commission Washington, DC 20555 h
.e Robert G. Perlis Counsel for NRC Staff i
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