ML20055A375
| ML20055A375 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 07/15/1982 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Foreman H, Jordan W, Wolfe S Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20055A376 | List: |
| References | |
| NUDOCS 8207160223 | |
| Download: ML20055A375 (2) | |
Text
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Certified By_,
2 July 15, 1982 Sheldon J. Wolfe, Esq., Chairman Dr. Harry Foreman Administrative Judge Administrative Judge Atomic Safety and Licensing Board Box 395, Mayo U.S. Nuclear Regulatory Commission University of Minnesota l'
Washington, DC 20555 Minneapolis, MN 55455 i
Dr. Walter H. Jordan Administrative Judge i
881 West Outer Drive Oak Ridge, TN 37830 In the Matter of Louisiana Power and Light Company (WaterfordSteamElectricStation, Unit 3)
Docket No. 50-382
Dear Administrative Judges:
Enclosed herewith are the following documents, all of which are dated July 15, 1982:
1.
"NRC Staff's Proposed Findings of Fact, Conclusions of Law and Form of Order";
2.
"NRC Staff's Brief in Support of Its Proposed Findings of Fact, Conclusions of Law and Form of Order"; and 3.
"NRC Staff's Motion to Correct the Hearing Transcript."
In filing these documents, the Staff notes that it has reviewed the findings and briefs filed by Applicant and Joint Intervenors and, where appropriate, we have taken those pleadings into consideration in our own findings and brief. We note, however, that throughout Joint Intervenors' findings -- and in their " Hearing Memorandum on Contention 8/9" -- repeated references are made to documents which are not in the record, either because they were voluntarily withdrawn or because they had never even been identified by Joint Intervenors before the record closed. The Staff
- ~
believes that findings based ~upon such documents -- which were never subjected to cross examination -- are clearly impermissible under the Administrative Procedure Act. See, e.g., Pacific Gas and Electric Co.
(Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-580,11 NRC 227, 020716g{gh 2
Pa a T)JdQ
J f
i.
1 230(1975).
In our view, the Joint.Intervenors have provided no justifi-cation for a departure from this established and well-founded rule of law.
Further, the Staff believes that a reopening of the record (see
" Hearing Memorandum on Contention 8/9," at 4), to consider the documents cited by Joint Intervenors is not warranted in that Joint Intervenors have failed to satisfy the legal standards for reopening the record in Commission proceedings.
Pursuant to the Appeal Board's decision in Kansas Gas and Electric Co. (Wolf Creek Generating Station, Unit No. 1),
ALAB-462, 7 NRC 320, 338 (1978), "the proponent of a motion to reopen the record has a heavy burden." The movant must demonstrate (1) that the
- i motion is timely; (2) that the motion is directed to a significant safety i
or environmental issue; and (3) that a different result would have been reached initially had the material submitted in support of the motion been considered.
In our view, the Joint Intervenors fail to satisfy even one of these established standards, i
Sincerely, 1
Sherwin E. Turk Counsel for NRC Staff
Enclosures:
As stated cc w/ enc 1: Service List 4
DISTRIBUTION:
SETurk GSMizuno SATreby MKarman Christenbury/Scinto i
Cunningham/Murray ELD FF (2) l SBlack DMB/PDR-LPDR Chron J}
l OFC : OEL
- OELD NAME :SETurk:as
- SATreb DATE : 07/15/82
- 07/15/82
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