ML20055B936

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Memorandum & Order Memorializing 820721 Conference Call. Opens Discovery on Eight Contentions Admitted as Issues on 820715.Parties Participating Per 10CFR2.714 & 2.715 Must Appear at 820803-04 Prehearing Conference
ML20055B936
Person / Time
Site: Zimmer
Issue date: 07/21/1982
From: Frye J
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 8207230604
Download: ML20055B936 (3)


Text

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C O pie 0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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Before Administrative Judges:

John H Frye, III, Esq., Chairman r

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Dr. Frank F. Hooper

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Dr. M. Stanley Livingston t

In the Matter of

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Docket No. 50-358 THE CINCINNATI GAS & ELECTRIC

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COMPANY, et al.

(Wm. H. Zimmer Nuclear Power

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Station, Unit 1)

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July 21, 1982 MEMORANDUM AND ORDER (Memoializing Conference Call of July 21,1982)

I In light of this Board's Order of July 15, 1982, admitting eight f

new contentions advanced by MVPP as Board-raised issues and Applicants' Motior. of even date to establish a schedule, a conference telephone call was held on July 21, 1982. The purpose of the call was to initiate pro-ceedings on those eight new contentions in light of the Board's intent to complete these proceedings as expeditiously as possible consistent with the public interest.

All parties to the proceeding were notified in advance of the call.

The following participated:

For Applicants Troy B. Conner Jerome Vennemann For Staff Charleh Barth For MVPP Lynne Bernabei For Clermont County Lawrence Fisse For the City of Mentor Deoorah Webb For the Commonwealth of -

David K. Martin Kentucky 8207230604 820721 gDRADOCK05000g yog

o Commencement of Discovery All parties agreed that discovery should commence immediately.

Dispute exists as to how long it should remain open. This dispute, and others pertaining to the schedule for the proceeding, will be taken up at the forthcoming prehearing conference.

Prehearing Conference By a separate Notice, a prehearing conference is scheduled for August 3 and 4,1982, at the Hamilton County Courthouse, Cincinnati, Ohio.

Interest of Other Intervenors At the prehearing conference, ZAC-ZACK and Dr. Fankhauser (participating under 10 CFR 1 2.714), and the City of Mentor, Clermont County, and the Commonwealth of Kentucky (participating under 10 CFR 5 2.715) are to indicate the scope of their interest in the contentions, particularly whether they wish"to actively participate at the hearing of them.

If the'se parties do not intend to participate, they may so advise ~

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the Board and parties in writing in advance of the conference. However, if they do intend to participate, they are to appear at the conference so that their participation may be discussed.

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MVPP Motion for Protective Order During the conference call, MVPP clarified its Motion for a Protective Order.

It indicated that it sought to submit certain affidavits (with the identity of the affiants removed) in order to provide further bases l

, for the contentions. This Motion was granted on the understanding that affidavits will be accepted as furnishing further bases for the contentions only and that the granting of the Motion in no way precludes other parties from seeking to learn the identities of these affiants through the dis-covery process. The affidavits are to be served by Monday, July 26, 1982.

In consideration of the above, it is this 21st day of July, 1982, ORDERED:

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Discovery on the eight contentions admitted as Board issues on July 15, 1982, is now open; 2.

Parties (other than MVPP) participating under 10 CFR

!! 2.714 and 2.715 are to appear at the prehearing conference scheduled August 3 and 4, 1982, to indicate the scope of their interest in the above referenced contentions.

If a party has no interest, it may so advise the Board and parties in writing in advance of the prehearing conference in lieu of appearing; and 3.

MVPP's Motion for a Protective Order is granted so that it may submit affidavits furnishing further bases for the' above referenced contentions with information as to the identity of the affiants removed.

This action in no way prejudices the right of other parties to seek the identity of these affiants through the discovery process. MVPP is to serve the affidavits by July 26, 1982. These affidavits will be accepted as furnishing further bases for the contentions only and for no other purpose.

I FOR THE ATOMIC SAFETY AND LICENSING BOARD i

Joh H

, III, Chairman DMI S IVE JUDGE Bethesda, Maryland July 21, 1982