ML20054A105
| ML20054A105 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 04/13/1982 |
| From: | Kelley J Atomic Safety and Licensing Board Panel |
| To: | PALMETTO ALLIANCE |
| References | |
| NUDOCS 8204150287 | |
| Download: ML20054A105 (3) | |
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gy g ATOMIC SAFETY AND LICENSING BOARD BEFORE ADMINISTRATIVE JUDGES James L. Kelley, Chairman Dr. A. Dixon Callihan Dr. Richard F. Foster SERVED APR141982 In the Matter of Docket Nos. 50-413
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50-414 DUKE POWER COMPANY, ET AL.
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to (Catawba Nuclear Station,
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Units 1 and 2)
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April 13, 1982 p
' RECEIVED p 2;
APR 151982> 78 Eur$$fS}f*
ORDER
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The Board has received objections to its Memorandum and Order o March 5, 1982 from the Applicants, the Palmetto and CESG Intervenors, and the NRC Staff. The Board also acknowledges receipt of separate responses from the Applicants and the Staff to our questions about spent fuel storage and operator qualifications. The objections raised by the Applicants and the Intervenors are lengthy and concern a broad range of issues. Members of this Board have other adjudicatory responsibilities that require our attent. ion before we can consider and decide all of the points you have sought to raise. A complete decision on reconsideration will not be A forthcoming until late May or early June.
HWY sq 8204150287 820413 PDR ADOCK 05000413 C
o b In these circumstances, and pending our decision on reconsideration of the Memorandum and Order of March 5, 1982, the parties are directed to proceed on the assumption that that Memorandum and Order will remain in full force and effect.
Should any party be served with a discovery request (1) based upon a contention of which it is seeking disallowance on reconsideration and (2) which is unusually bur.densome, then objections may be filed with the Board, along with a request for a ruling on the reconsideration request as to that contention.* If practicable, the Board will then rule separately on that contention.
Discovery on Palmetto Contentions 8 (operator qualifications),15 and 16 (spent fuel storage) is suspended pending the Board's decision on reconsideration.
The Memorandum and Order of March 5,1982 asked Palmetto to inform us whether it wished to gain access to the Catawba security plan " subject to the kinds of conditions we have indicated."
In its response, Palmetto informed us that it wishes to pursue its contention, but said nothing about the conditions we had indicated. Palmetto is to answer the following questions:
i 1.
Have you secured the services of a qualified security plan expert?
If you have, submit a statement of that person's qualifications and experience to the Board and parties.
This early ruling procedure does not apply to the specificity of contentions question discussed by the Board at pp. 3-13 of its March 5 Order and argued on reconsideration by the Applicants and the Staff.
. 2.
If you have no expert at this time, when and how do you plan to obtain one?
3.
Is the protective order entered in the Diablo Canyon case acceptable to you?
If not, why not?
The Applicants have various objections to Palmetto's security plan contention. We need not reach those objections unless and until Palmetto has obtained the services of a qualified security expert acceptable to the Board.
Palmetto is directed to serve the answers to the above questions by April 30, 1982.
If timely answers are not so served, Palmetto contention 23 will thereupon be dismissed, with prejudice.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Aw J, p'es L. Kelley, Chairma EMINISTRATIVE JUDGE Dated at Bethesda, Maryland, this 13th day of April, 1982.
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