ML20054E173
| ML20054E173 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 04/19/1982 |
| From: | Bischoff C JOINT APPLICANTS - PALO VERDE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8204260214 | |
| Download: ML20054E173 (7) | |
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E;l pg UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ARIZONA PUBLIC SERVICE
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COMPANY, et al.
)
Docket Nos. STN 50-528
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STN 50-529 #
(Palo Verde Nuclear
)
STN 50-53 Generating Station,
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D Units 1, 2 and 3)
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2 RECEIVED-
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APR 2 31982>
-12, 4
5 MCSE lioA'#I C'!EEE
/
APPLICATION FOR ISSUANCE OF CIVIL noc GUBPOENA (EX PARTE) b 4
g Pursuant to Section 2.720 of the Commission's regula-tions, Joint Applicants Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District, Southern California Edison Company, El Paso Electric Company and Public Service Cor.pany of New Mexico, by and through their attorneys, hereby apply to the Atomic Safety and Licensing Board for the issuance of a Civil Subpoena to:
William L. Chase, Jr.
City Manager's Office 251 W. Washington Phoenix, Arizona 85003 for the purpose of requiring the abovo-named individual to appear at the hearing scheduled to commence in the above-captioned matter on April 27, 1982, and to testify, if called by Joint Applicants, and to attend said hearing until discharged.
A copy of the pro-posed Civil Subpoena is attached hereto.
8204260 ;2/'[
ps{
i The Chairman of the Licensing Board is authorized to issue the proposed Subpoena pursuant to Section 2.720, which provides that on application by any party, the designated pre-siding officer will issue subpoenas requiring the attendance and testimony of witnesses or the production of evidence.
Pursuant to Section 2.720(b), the proposed Civil Subpoena attached hereto advises of the quashing procedure provided in paragraph (f) of Section 2.720.
The only contention to be heard in the forthcoming hearing is Intervenor's Contention No.5, which alleges that Joint Applicants will not have an assured supply of usable treated effluent for cooling purposes for Unit 3 of the Palo Verde Nuclear Generating Station during months of peak reactor need for the first five years of operation.
By Memorandum and Order dated March 17, 1982, the Licensing Board denied Joint Applicants' Motion for Summary Disposition of Intervenor's Contention No. 5 because of a letter dated February 10, 1982, addressed to the Board Chairman by Mr. Bill Stephens, Executive Director of the Arizona Municipal Water Users' Association
("AMWUA").
Although AMWUA's petition for leave to make a limited appearance has been granted by the Board, any statement made by AMWUA at the hearing will not become part of the evidentiary record.
Limited appearance statements made by AMWUA and by any other organizations or individuals may, however, cause the Board 4
to request and/or the parties to submit additional evidence respecting Contention No.
5.
Having Mr. Chase available to testify may prove to be beneficial under such circumstances for the following reasons.
Mr. Chase is employed by the City of Phoenix as its Water Resource Management Advisor.
The City of Phoenix is a member of AMWUA.
Joint Applicants understand Mr. Chase to be knowledgeable about water resources and water requirements of the City of Phoenix.
In light of Mr. Stephens' letter of February 10, 1982, referenced above, testimony at the hearing respecting such matters would be relevant to Contention No.
5.
WHEREFORE, Joint Applicants respectfully request that the Chairman of the Licensing Board issue a Civil Subpoena in the form attached hereto directing Mr. Chase to appear and give testimony, if called by Joint Applicants, at the hearing com-mencing April 27, 1982.
RESPECTFULLY SUBMITTED this /9d day of April, 1982.
By Arthur C. Gehr '
Charles A. Bischoff 3100 Valley Bank Center Phoenix, Arizona 85073 Attorneys for Joint Applicants.
\\
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 1
In the Matter of
)
I
)
l ARIZONA PUBLIC SERVICE
)
COMPANY, et al.
)
Docket Nos. STN 50-528
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STN 50-529 (Palo Verde Nuclear
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STN 50-530 Generating Station,
)
Units 1, 2 and 3)
)
)
SUBPOENA (CIVIL)
Tile NUCLEAR REGULATORY COMMISSION AND ROBERT M. LAZO, CHAIRMAN, ATOMIC SAFETY AND LICENSING BOARD, TO:
William L. Chase, Jr.,
City Manager's Office, 251 W.
Washington, Phoenix, Arizona 85003.
YOU ARE HEREBY COMMANDED to appear at the hearing commencing on April 27, 1982, at 10:00 a.m.
at the Federal Building,* 230 N.
First Avenue, Phoenix, Arizona 85025, then and there to testify in the above-captioned matter on behalf of Joint Applicants, and to attend said hearing until discharged.
You have been subpoenaed by Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District, Southern California Edison Company, El Paso Electric Company, and Public Service Company of New Mexico, Joint Appli-cants in the above-captioned matter.
The number of the courtroom will be available at the Office of the Clerk of the United States District Court (Room 1400).
'd A
Pursuant to the Commission's regulations at-10 CFR S2. 720 ( f), on motion by you made promptly, and in any event at or before 10:00 o' clock a.m. on April 27, 1982, and on notice to attorneys for Joint Applicants, the Chairman of the Atomic Safety and Licensing Board or, if he is unavailable, the Commission may (1) quash or modify the Subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
YOU ARE HEREBY NOTIFIED THAT ANY FAILURE TO OBEY THIS SUBPOENA MAY BE DEEMED A CONTEMPT AND APPROPRIATE SANCTIONS MAY BE ORDERED.
DATED THIS day of 1982.
ATOMIC SAFETY AND LICENSING BOARD By Robert M.
Lazo Chairman
-7.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ARIZONA PUBLIC SERVICE
)
COMPANY, et al.
)
Docket Nos. STN 50-528
)
STN 50-529 (Palo Verde Nuclear
)
STN 50-530 Generating Station
)
Units, 1, 2 and 3)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Application for Issuance of Civil Subpoena (Ex Parte)" have been served upon the following listed persons by deposit in the United States J
mail, properly addressed and with postage prepaid, or, as indicated by an asterisk, by Federal Express, this 19th day of April, 1982.
Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Chairman, Maricopa County Board of Supervisors 111 South Third Avenue Phoenix, AZ 85004 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Robert M.
Lazo, Esq.
Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dr. Richard F.
Cole Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Dixon Callahan Union Carbide Corporation P.O.
Box Y Oak Ridge, TN 37830 Lee-Scott Dewey, Esq.
Office of the Executive Legal Director U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Edwin J. Reis, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Rand L.
Greenfield, Esq.
Assistant Attorney General P.O.
Drawer 1508 Santa Fe, NM 87504 Patricia Lee Hourihan 6413 S.
26th Street Phoenix, AZ 85040
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Charles A. B Mchoff I
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