ML20054K550

Prehearing Conference Memorandum & Order Re 820617-18 Conference.Rulings on Motions Made & Sequence of Appearance of Witnesses Listed

ML20054K550
Person / Time
Site:	Indian Point
Issue date:	06/30/1982
From:	Carter L, Paris O, Shon F Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-SP, NUDOCS 8207020311
Download: ML20054K550 (8)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'd2 f" -1 , :1. a ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Louis J. Carter, Chairman Dr. Oscar H. Paris Frederick J. Shon SERVED JUL 011982 In the Matter of f

) Docket Nos. 50-247-SP CONSOLIDATED EDIS0N COMPANY

) 50-286-SP 0F NEW YORK

)

(Indian Point, Unit No. 2) )

POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit No. 3 1

) June 30, 1982 PREHEARING CONFERENCE MEMORANDUM AND ORDER On June 17 and 18, 1982, a prehearing conference was held in White Plains, New York. Representatives of Consolidated " ' son Company of New York (Con Ed), Power Authority of the State of New York (Power Authority), NRC Staff (Staff), Federal Emergency Management Agency (FEMA), Union of Concerned Scientists and New York Public Interest Research Group (UCS/NYPIRG), Friends of the Earth (F0E), New York City Audubon _

l Society (Audubon), Rockland Citizens for Safe Energy (RCSE), Parents Concerned About Indian Point (Parents), West Branch Conservation Associa-tion (WBCA), Westchester People's Action Coalition (WESPAC), County of 1

l Westchester (Westchester), County of Rockland (Rockland), Attorney l

l General of the State of New York (Attorney General), New York State Energy Office (Energy Office), Metropolitan Transportation Authority l

l 8207020311 820630 PDR ADOCK 05000247 C

PDR

(MTA), Port Authority of New York and New Jersey (Port Authority),

New York City Council, and Westchester County Representative Brodsky (Brodsky), participated in the conference.

The Board considered and heard arguments on the following motions:

1. Licensees' Motion to Impose Sanctions for Default and to Strike Contentions, dated May 28, 1982;

2. Licensees' Motion for an Order Compelling Responses to Interrogatories or in the Alternative Imposing Sanctions for Failure to Respond and Striking Certain Contentions, dated June 3, 1982;

3. New York City Council's request for an extension of time in which to file testimony, dated June 2, 1982;

4. UCS/NYPIRG Request for an Extension of Time in which to File Testimony and for the Licensing Board to Set a Date by which UCS/NYPIRG Requests for Admissions must be Answered, dated June 7, 1982;

5. Licensees' Response to WBCA's Request for On-Site Inspections of Indian Point, Units 2 and 3, dated June 7, 1982;

6. Licensees' Motion for an Order Striking Direct -

Testimony and Answer to UCS/NYPIRG Request for an Extension of Time in which to File Testimony; and

7. UCS/NYPIRG Pre-Hearing Motion on Procedural Matters, dated June 16, 1982.

F0E/Audubon and Parents indicated that they joined in UCS/NYPIRG's i response to Licensee's motion of June 3,1982. Parents moved that an interpreter for the deaf and wheel chair transport be provided for certain of their witnesses. Westchester County Representative Brodsky agreed to supply an interpreter for the deaf and'to investigate getting a van for transporting witnesses in a wheel chair. Representative Brodsky joined in UCS/NYPIRG's Pre-Hearing Motion on Procedural Matters, dated June 16, 1982.

i S

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With respect to UCS/NYPIRG's request for an extension of time in which to file testimony and Licensees' motion for an order striking direct testimony and answer to UCS/NYPIRG's request for an extension of time, the Board on June 17 ordered UCS/NYPIRG to prepare by the morning of June 18 a classification of the evidence to be adduced by their witnesses. The Board directed that this classification include the name and number of each witness under each class and subclass and that the geographical area of the witness be considered where applicable. The Board ordered UCS/NYPIRG to submit a proposal indicating which witnesses they considered essential with the view towards paring the number of witnesses.

With respect to the 13 witnesses identified in UCS/NYPIRG's request for an extension of time in which to file testimony, the Board decided to hear witnesses Robert Morris and Philip Wolfe and to postpone ruling on hearing witness Victor Sidel. The Board ordered that late-filed testimony of the Intervenor witnesses be filed by June 21, 1982.

UCS/NYPIRG's request for the Board to set a date by which UCS/NYPIRG's

(

requests for admissions must be answered was mooted by Licensees' agree-ment to provide answers by June 22, 1982 and by UCS/NYPIRG's receipt of j answers from the Staff.

I All parties agreed to Staff's proposal for scheduling of witnesses.

In compliance with the Board's order of June 17, 1982, UCS/NYPIRG ,

served the Board and all parties with copies of the General Categorization of Index of Witnesses Presenting Testimony on Emergency Planning Issues on Behalf of the Intervenors: UCS, NYPIRG, RCSE, WBCA, Parents, WESPAC, F0E and Audubon; and on Behalf of the Attorney General of the State of New York, dated June 16,1982 (General Categorization ofIndex of

Witnesses), an index which classified the witnesses by the subject of their testimony. In addition, UCS/NYPIRG withdrew 3 of their 13 witnesses whose testimony they had requested to file late, submitted the testimony of 5 late-filed witnesses, and submitted copies of proposed stipulations of facts which were provided to Licensees and intended as a means to eliminate witnesses. The Board heard comments from all parties.on the Intervenors' new index and then requested parties to submit estimates of the time it would take to conduct their case in order to consider the parity of time allotted to each of the parties, given the time constraints established by the Commission's deadline.

The Board had preliminarily decided to limit the number of witnesses of the Intervenors to 50 and to allow the Intervenors the opportunity to file a motion after these 50 have been heard to add new witnesses to insure an adequate record. The Board also stated that each designated panel marked on the General Categorization of Index of Witnesses may be considered as one witness. The Board added that in special cases witnesses who were not designated in that index as being a member of a panel could be grouped into a panel.

The Board further ruled that discovery for questions 3 and 4 was -

closed as of the 18th of June, the dat? of the prehearing conference.

Interrogatories that were filed prior thereto must nonetheless be answered according to the provisions of Part 2.

After hearing oral argument by the parties on the rulings, the Board has decided to modify its rulings as follows:

(a) Intervenors are not restricted tc 50 individual persons as witnesses but are encouraged to group individual witnesses into panels whera Oppropriate.

(b) Although discovery on questions 3 and 4 as a matter of right is closed, the Board will consider motions by any party to conduct discovery where the party shows good cause for such discovery. The Board's views concerning the types of situations which could constitute good cause will be set forth in a separate discovery order.

In light of these modifications and with the goal of a focused and manageable proceeding in mind, the Board encourages parties tc anter into stipulations, where appropriate, to reduce the number of witnesses.

With respect to UCS/NYPIRG's Prehearing Motion on Procedural Matters, the Board has now determined that it is not authorized to provide to the Intervenors free daily transcripts of the evidentiary hearings. Despite the decision of the Comptroller General, dated May 11,1981(No.B-200585) authorizing the Comission to provide free transcripts, no action has been taken by the Commission to implement such a provision. 10 CFR 5 2.750(c),

which authorized the provision of a free transcript to a party other than the Applicant upon request by that party, was suspended on February 24, 1981. (See 10 CFR 5 2.750(c) n.1 (1982) and 46 Fed. Reg. 13681 (1981).)

This regulation authorized only a one-year pilot program to provide such transcripts beginning July 25, 1980 unless extended by the Comission.

(See 10 CFR 5 2.750(c) n.la (1981) and 45 Fed. Reg. 49535(1980).) Since the Comission has neither lifted its suspension nor extended the time period of 10 CFR 5 2.750(c)'s effectiveness, the Board lacks authority to grant UCS/NYPIRG's request. The Board has decided not to certify the question to the Commission because the Commission is aware of the decision of the Comptroller General and because the question is not a novel question of policy, law, or procedure. (See 10 CFR Part 2, App. A, y.(f)(4).)

Upon consideration of the foregoing and the entire record in this matter it is this 30th day of June 1982 ORDERED

1. That Licensees' Motion to Impose Sanctions for Default and to Strike Contentions, dated May 28, 1982, is granted in part and denied

in part. WESPAC, RCSE, and WBCA shall deliver their responses to all outstanding Licensees' emergency planning interrogatories by 10

00 a.m.

July 1, 1982. To the extent that the motion requested imposition of sanctions, however, it is denied.

2. That Licensees' Motion for An Order Compelling Responses to Interrogatories or, in the Alternative Imposing Sanctions for Failure to Respond, and Striking Certain Contentions, dated June 3, 1982, is granted in part and denied in part. UCS/NYPIRG, Parents, and F0E/Audubon shall deliver their responses to all outstanding Licensees' emergency planning interrogatories by 10:00 a.m. July 1, 1982. To the extent that the motion requested the imposition of sanctions, however, it is denied.

J. That New York City Council shall inform the Board by June 23, 1982, whether it will be represented by counsel and, 'if so, shall provide the name and address of such counsel to the Board and parties at that j

time.

4. That UCS/NYPIRG's request for an extension of time in which to file the testimony of 10 witnesses (13 minus 3) on or before June 21, 1982 is granted. The Board is deferring a decision on UCS/NYPIRG's request for an extension of time until July 15, 1982, to file the testimony of Dr. Victor W. Sidel.

5. That Licensees shall permit Mr. Walter Fleisher to conduct an on-site inspection of Indian Point Units 2 and 3 pursuant to 10 CFR 5 2.741(a)(2) as requested by WBCA on May 3 and May 29, 1982. Mr. Fleisher may be accompanied by Mr. Robert Pollard, as requested by UCS/NYPIRG on June 18, 1982, unless the Licensees file a motion for a protective order by 10:00 a.m. on July 1, 1982, and said motion is granted by the Board. '

6. That Licensees' Motion for an Order Striking Direct Testimony of (

UCS/NYPIRG, dated June 14, 1982, is denied.

7. That UCS/NYPIRG's Prehearing Motion on Procedural Matters, dated June 16, 1982, is granted in part and denied in part. A free daily trans-cript of the evidentiary hearing shall not be provided to the intervenors, but transcripts of the prehearing conference and evidentiary hearings shall be kept at the White Plains Public Library for use by any person in accordance with 10 CFR Part 2, App. A, I.(a). Intervenors shall be permitted to make opening statements to the Board at the commencement of the Intervenors' direct case. Cross-examination of all witnesses shall be limited to a reasonable period of time.

8. That the sequence of appearance of witnesses on Commission i Questions 3 and 4 shall be as follows:

FEMA witnesses on off-site planning.

1Dr.Urbanik'sestimatesofevacuationtime.

Intervenors' witnesses on off-site planning.

(3)

(4) Interested States' witnesses on off-site planning.

(5) Licensees' witnesses on off-site planning.

l 6) Intervenors' witnesses on on-site planning.

I

7) Licensees' witnesses on on-site planning.

8) NRC Staff's witnesses on on-site planning.

9. That each Lead Intervenor as designated in our Memoranjum and Order dated April 23, 1982, shall provide the Board and all other parties a list of the witnesses it proposes to present under the contention for which it is the designated Lead Intervenor by close of business June 22, 1982. The list shall include the number assigned to each witness in the General Categorization of Index of Witnesses filed by the intervenors on June 16, 1982.

10. That discovery on questions 3 and 4 as a matter of right is closed. However, the Board.will consider motions by any party to conduct discovery where the party shows good cause for such discovery.

11. That proposals for the future conduct of discovery in this case shall be submitted to the Board by June 25, 1982. The Board will issue its decision on future discovery by July 1, 1982.

THE ATOMIC SAFETY AND LICENSING BOARD

'.- /,  ; /

Louis J. Carter, Chairman ADMINIS IVE JUDGE

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Frederick J. ShoA l ADMINISTRATIVE JU , E

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' Oscar H. Paris ADMINISTRATIVE JUDGE Bethesda, Maryland June 30, 1982