Memorandum & Order Memorializing 820625 Telcon.B Stamiris & M Sinclair Permitted to Suppl Earlier Filings of New Contentions to Incorporate Good Cause Showing for ASLB to Consider.Addl Info to Be Filed by 820709ML20054J970 |
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Midland |
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Issue date: |
06/28/1982 |
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From: |
Bechhoefer C Atomic Safety and Licensing Board Panel |
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To: |
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References |
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ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8206300250 |
Download: ML20054J970 (4) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20070E4671991-02-26026 February 1991 Comment Opposing Petition for Rulemaking PRM-73-9 Re Upgrading Design Basis Threat for Radiological Sabotage of Nuclear Reactors.Recommends That NRC Deny Petition to Increase Design Basis Threat for Security ML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20211L6181986-12-11011 December 1986 Response to Board 861203 Questions Re Util Request to Terminate OL Proceeding ML20211L6391986-12-11011 December 1986 Affidavit of Gb Staley Re Preparation of Answers to Board 861203 Questions on Termination of OL Proceeding. Certificate of Svc Encl ML20215B2071986-12-11011 December 1986 Responds to Questions Posed in ASLBP 861203 Memorandum & Order Re Conversion to gas-fired Facility.Imposition of Conditions on Withdrawal of OL Application Unnecessary. Certificate of Svc & Svc List Encl ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214G7941986-11-24024 November 1986 Motion to Expedite Completion of Withdrawal of Licensee OL Application & Terminate Pending OL & CP Mod Proceedings. Certificate of Svc Encl ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212M7661986-08-25025 August 1986 Response to Util 860711 Motion for Authorization to Withdraw OL Application & for Dismissal of OL & Order of Mod Proceedings.Board Should Hold Motion in Abeyance Pending NRC Review of Stabilization Plan.Certificate of Svc Encl ML20206M8171986-08-15015 August 1986 Response to ASLB 860716 Order Requesting Responses Re Termination of OM Proceeding.Termination of OL Proceeding & Withdrawal of OL Application Requested.Om Proceeding Should Be Considered Moot.Certificate of Svc Encl ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20203F8791986-07-28028 July 1986 Response Supporting Util 860711 Motion for Termination of Appeal Board Jurisdiction Over Proceeding.Certificate of Svc Encl ML20207H6871986-07-22022 July 1986 Motion for Extension Until 860815 to File Responses to Four Questions Re Util Motion to Dismiss OL & OM Proceedings. Certificate of Svc Encl ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 ML20202G0121986-07-11011 July 1986 Motion for Authorization to Withdraw OL Application & Dismissal of OL & Order of Mod Proceedings ML20202G1201986-07-11011 July 1986 Motion for Termination of Aslab Jurisdiction to Facilitate Termination of Cps,Withdrawal of OL Application & Dismissal of Consolidated OM-OL Proceeding ML20202G1621986-07-11011 July 1986 Notice of Change of Address for Washington Ofc of Isham, Lincoln & Beale,Attys for Util.Certificate of Svc Encl ML20202G0491986-07-10010 July 1986 Affidavit of JW Cook Re Conversion of Plant Into combined- cycle,gas-fired Power Plant.Plant Never Operable as Nuclear facility.Nuclear-related Equipment Will Be Sold ML20202G0281986-07-0808 July 1986 Affidavit of Ta Mcnish Re True & Correct Extracts of 860408 & 0618 Minutes of Meetings.Resolutions Recited Therein in Full Force & Effect ML20198J4651986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechhoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20198J3861986-05-27027 May 1986 Notice of ASLB Reconstitution.C Bechoefer,Chairman & J Harbour & Ga Linenberger,Members.Served on 860529 ML20137E0041985-11-21021 November 1985 Notice of Appearance in Proceeding ML20137D9651985-11-21021 November 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133F6421985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N3771985-08-30030 August 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl DD-84-17, Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20127N7591985-06-20020 June 1985 Transcript of Commission 850620 Affirmation/Discussion & Vote in Washington,Dc Concerning Denial of 2.206 Petition for Midland plant,SECY-85-60 Concerning Pressurized Thermal Shock Rule & Shoreham Order.Pp 1-4 ML20133D9481985-05-13013 May 1985 Response to Aslab 850423 Order.Aslab Should Cancel OL Application & CPs Because Compliance W/Nrc Basic Requirements Not Met ML20116G5181985-04-29029 April 1985 Response to Memorandum of City & County of Midland,Mi Re ASLB 850405 & 0313 Orders on CP Mod Proceedings.Bechtel Should Not Be Granted Admission to Proceedings ML20115J4351985-04-19019 April 1985 Motion for Leave to Participate as Amicus Curiae,Per Aslab 850313 & 0405 Memoranda & Orders Requesting Response to Questions Re Proceeding ML20115J4751985-04-19019 April 1985 Memorandum in Response to Aslab 850405 Order Re Dismissal of OL Application.Application Neither Abandoned Nor Delayed in Dilutory Manner.Certificate of Svc Encl ML20115J5421985-04-19019 April 1985 City & County of Midland,State of Mi Motion for Leave to Participate as Amicus Curiae in Aslab Request for Responses to Questions Presented in 850313 & 0405 Memoranda Orders. Proof of Svc Encl ML20116G5321985-04-19019 April 1985 Motion to Participate as Amicus Curiae in Resolution of Issue to Involuntary Dismissal of License Application,Per Aslab 850405 Memorandum & Order.Granted for Aslab on 850422. Served on 850429 ML20115J5551985-04-19019 April 1985 City & County of Midland,State of Mi Response to Aslab 850313 Order to File Memoranda Re Whether Aslab Should Vacate ASLB Decision Re Certain Mods to CP Due to Mootness. Proof of Svc Encl ML20115J5501985-04-19019 April 1985 Response Opposing Aslab 850405 Memorandum & Order Re Dismissal of OL Applications.Urges Board to Permit OL Applications to Continue in Suspension Until Applicant Affirmatively Resolves Disposition ML20115J5461985-04-19019 April 1985 Motion to Participate Amici Curiae in Resolution of Issue of Involuntary Dismissal of License Application as Identified in Aslab 850405 Memorandum & Order ML20112J5281985-04-0101 April 1985 Memorandum in Response to Aslab 850313 Order LBP-85-2. Decision Should Not Be Vacated.Ol Should Be Dismissed.Based on Listed Changes,New OL Review Required ML20112J6301985-04-0101 April 1985 Memorandum Requesting Aslab Not Take Any Action to Vacate LBP-85-2 or Dismiss OL Applications,Per 850313 Order,Based on Current Intent to Hold CPs & Attempt to Sell Plant. Certificate of Svc Encl ML20112H0981985-03-27027 March 1985 Response to Aslab 840313 Order Re Whether ASLB Decision to Review Issues in Soils Hearing Appropriate Use of Public Resources.Concurs W/Decision to Remand OL W/Instructions to Dismiss OL Application for Failure to Pursue Soils Issue ML20106F6531985-02-0808 February 1985 Response Opposing Intervenor B Stamiris 841224 Motion for Evidentiary Hearings Re Litigation Between Applicant & Dow Chemical Co.Supporting Documentation & Certificate of Svc Encl ML20106D6631985-02-0808 February 1985 Response Opposing B Stamiris 841224 Pleading Requesting Evidentiary Hearing on Matter Raised in applicant-Dow Chemical Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20101S9421985-02-0101 February 1985 Motion for Extension Until 850306 to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Granted by Aslab on 850201 ML20101S9111985-02-0101 February 1985 Motion for Extension of Time within Which to File Notice of Appeal of ASLB 850123 Partial Initial Decision.Certificate of Svc Encl ML20101F3191984-12-24024 December 1984 Request for Evidentiary Hearings on Matter Raised in CPC-Dow Trial & Referral of Certain Matters to Ofc of Investigations.Certificate of Svc Encl ML20107K8011984-11-0101 November 1984 Affidavit of Jd Selby Re Plans Concerning Facilities.Const Will Be Resumed Only If Proposed by Appropriate Governmental Agencies & Officials & If Funds from Some Other Source Become Available.Related Correspondence ML20106F5241984-10-24024 October 1984 Motion to Request ASLB to Cancel Const License & Application for OL ML20092J0361984-06-22022 June 1984 Reply to NRC Further Supplemental Findings of Fact & Conclusions of Law Re QA ML20092J0241984-06-22022 June 1984 Reply to B Stamiris Second Supplemental Proposed Findings of Fact & Conclusions of Law on QA & Mgt Attitude Issues. Certificate of Svc Encl 1991-02-26
[Table view] Category:ORDERS
MONTHYEARML20207C1331986-12-18018 December 1986 Order Terminating CPPR-81 & CPPR-82,per Util 860711 Motion to Withdraw Applications for OLs ML20215E7301986-12-17017 December 1986 Memorandum & Order Authorizing Withdrawal of OL Application & Dismissing OL Proceeding,Per Applicant 860711 Motion. Served on 861218 ML20214Q4431986-12-0303 December 1986 Memorandum & Order Granting Motion to Expedite Completion of Withdrawal Proceedings & Posing Questions to Parties.Served on 861204 ML20214T7361986-09-26026 September 1986 Memorandum & Order Dismissing OM Proceeding as Moot & Deferring Action on Applicant Motion for Authorization to Withdraw OL Application Pending NRC Preparation of Environ Assessment.Served on 860929 ML20212B0311986-08-0101 August 1986 Memorandum & Order Withdrawing Retention of Jurisdiction Over Radon Issue Presented in Facility CP Proceeding & Vacating ASLB Partial Initial Decision on Remedial Soils in Consolidated CP Mod & OL Proceeding.Served on 860801 ML20212B0521986-07-31031 July 1986 Order Extending Time Until 860815 for Util & Other Parties to Respond to Questions Posed by 860716 ASLB Order.Time Extended Until 860825 for NRC Response to ASLB Questions & Util Motion.Served on 860801 ML20207E2851986-07-16016 July 1986 Order Presenting Questions in Response to Util 860711 Motion to Dismiss OL Proceeding & to Terminate Order of Mod Proceeding.Served on 860717 DD-84-17, Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 8506241985-06-24024 June 1985 Order Affirming 840724 Director'S Decision DD-84-17 Denying Bp Garde 10CFR2.206 Petition for Action Against Util Re Plant Const.Const Abandoned on 840910.No Further Enforcement Action Required.Served on 850624 ML20197H1561984-06-15015 June 1984 Order Extending Time Until 840622 for Commission to Act to Review ALAB-764.Served on 840618 ML20054L8191982-07-0707 July 1982 Memorandum & Order Granting NRC Request to Reopen Record on QA Matters.Schedule Modified as Listed.Prehearing Conference to Consider Proposed Contentions in OL Hearing Tentatively Scheduled for 820812-13 in Midland,Mi ML20054J9701982-06-28028 June 1982 Memorandum & Order Memorializing 820625 Telcon.B Stamiris & M Sinclair Permitted to Suppl Earlier Filings of New Contentions to Incorporate Good Cause Showing for ASLB to Consider.Addl Info to Be Filed by 820709 ML20054H2861982-06-22022 June 1982 Order Treating B Stamiris 820607 & 14 Ltrs as Motion for Leave to File Untimely Appeal.Accompanying Brief on Merits Lodged Rather than Filed Pending Decision on Acceptance of Brief.Replies to Motion Due 820702 ML20062D8471978-11-13013 November 1978 Memorandum & Order Postponing Special Prehearing Conference, Previously Scheduled for 781115,until 781214 at Same Hr & Location ML19338B9741977-09-30030 September 1977 Order Denying Petitioners' Emergency Motion to Enforce Mandate.Related Correspondence ML19338C1571973-01-23023 January 1973 Order Granting Motion of Saginaw Valley Intervenors to Suppl Statement of Exceptions to Initial Decision of Aslb. Certificate of Svc Encl ML19329F1631972-07-21021 July 1972 Order Applying Temporary Injunction to Defendant & All Intervenors.Summaries of Proceedings & Findings of Fact & Order Re Proposed Annexation of County Territories to City Encl 1986-09-26
[Table view] |
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e UNITED STATES OF AMERICA r.
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman Dr. Frederick P. Cowan SERVED JUN 291982 Dr. Jerry R. Harbour
) Docket Nos. 50-329 OM In the Matter of ) 50-330 OM CONSUMERS POWER COMPANY Docket Nos. 50-329 OL
) 50-330 OL (Midland Plant, Units 1 and 2) -
June 28, 1982 MEMORANDUM AND ORDER (Telephone Conference Call of June 25,1982) -
- 1. At 10:00 a.m. (E.D.T.) on June 25, 1982, the NRC Staff initiated a telephone conference call to discuss new contentions for the operating license proceeding submitted by Ms. Barbara Stamiris. Participating were the following:
Judges Bechhoefer, Cowan, Decker and Harbour Mr. Michael Miller, for the Applicant Mr. William Paton, for the NRC Staff Ms. Barbara Stamiris, pro se Ms. Mary Sinclair, pro se ---
Mr. Wendell H. MarsliiT17 pro se, l Mr. Paton stated that the new contentions for the OL proceeding submitted by Ms. Stamiris did not include any discussion of " good cause" for their late filing. He suggested that, in the interest of orderly procedure, and prior to the responses of other parties, Ms. Stamiris be permitted to 8206300250 820628 PDR ADOCK 05000329 0 PDR j
f d1
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- supplement her earlier filing to discuss the reasons why the contentions were not filed earlier.
Ms. Stamiris stated that her reasons for late filing were set forth in her letter of March 28, 1982. That letter referred to why Ms. Stamiris was late in seeking to participate in the OL proceeding (other than with respect to soils-related issues), but it preceded the filing of any contentions and hence could not seek to justify the late filing of any particular contention. During the conference call, Ms. Stamiris added that she was motivated to participate by what she regarded as the less than adequate treatment of certain subjects in the Staff's DES and/or SER. The Board advised that any " good cause" ruling we made would of necessity have to consider timdliness in the context of particular contentions, as required by 10 C.F.R. 2.714(a)(1)(1-v). We indicated that the sane timeliness standards would likewise govern the new contentions submitted by Ms. Mary Sinclair, which also did not explicitly include a " good cause" showing.
(The Staff had not yet received these contentions. We were advised that, if it had, it would make the same suggestion for an opportunity for Ms.
Sinclair to provide a statement of " good cause" for the particular contentions.) Ms. Sinclair indicated that information concerning the timeliness of her new contentions was to some extent incorporated into the contentions, and she raised a question about whether intervenors should be required to justify a late filing. The Board advised Ms. Sinclair ".at NRC rules required such a showing, and she agreed that she would supplement her earlier filing if the Board accepted the Staff's suggestion.
e The Applicant opposed the Staff's suggestion. Its counsel asserted that each of the intervenors was aware that good cause for late filing must be demonstrated for the contentions in question, and that the Applicant was prepared to file its responses based on the material heretofore filed.
The Board did not rule on these matters during the conference call but advised the parties that it would do so later that day.
- 2. Our Memorandum and Order of May 7, 1982, which established schedules for the filing of new contentions, did not explicitly provide for the filing of " good cause" statements with respect to each new contention, even though during the conference call which gave rise to that Memorandum and Order the subject was extensively discussed. Recognizing that our lack of discussion of the " good cause" question in our May 7, 1982 Memorandum and Order may have created misunderstanding as to whether such a statement was required in connection with the filings discussed therein, we i
have determined to grant the Staff's request and to permit Ms. Stamiris and Ms. Sinclair to supplement their earlier filings of new contentions to incorporate whatever " good cause" showing with respect to each contention which they wish the Board to consider, in accordance with the requirements i of 10 C.F.R. 2.714(a)(1)(1-v). The Board will also permit Ms. Stamiris and Ms. Sinclair to supplement their earlier filings to incorporate any more j specific information which they wish the Board to consider in ruling upon their new contentions, but they must do so in the same time frame as for the
" good cause" showing.
The additional information described above must be filed (mailed) by Friday, July 9, 1982. Our scheduling Order of May 7, 1982 is modified to
e
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that extent. Following receipt of responses from other parties, the Board intends to hold a prehearing conference if the material filed indicates any significant outstanding questions concerning timeliness or admissibility of contentions. As a target date, the conference will likely be held during the week of August 16-20, 1982.
The parties were orally informed of the substance of this ruling on the afternoon of June 25, 1982.
- 3. Because of certain possible inconsistencies between the Special Prehearing Conference Order of Februry 23, 1979, and the Board's May 7, 1982 scheduling Order, we permitted Ms. Sinclair to file restated contentions following the completion of discovery on contentions previously accepted for purposes of discovery. The May 7, 1982 Order is further modified to accomodate that ruling.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
../, belL.el-
- Charles Bechhoefer, Chairma7 ADMINISTRATIVE JUDGE June 28, 1982 l