ML20058B948
| ML20058B948 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 07/21/1982 |
| From: | Churchill B SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO. |
| To: | Bloch P Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8207260204 | |
| Download: ML20058B948 (4) | |
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s 00thETED SHAW, PITTMAN, PoTTs & TROWBRIDGE A PARTNERSMap OF P8'80FESSIONAL CORPORATIONS 1800 M STRE ET. N. W.
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ec i4 WASHINGTON. O. C. 20036 1202) 822-8000 RAMSAY D POTTS. P C.
THOMAS A BAJETER. P C.
JOMN M. O*NEILL JR MENNETH J. M AUTM AN STEU ART L. PsTTM AN. P C.
JAMES M SURGER. P C.
J AY A. EPSTIEN DAVID LAWRENCE MILLER j
GEORGE F. TROWsRiDGE. P C.
SHELDON J. WEsSEL P C.
RAND L. ALLEN ANNE M. MRAUSMO*F TEL ECOPsER STE PHEN O POTTS. P C.
JOMN A McCULLOUGM P C.
TIMOTMY s. MceRiDE FREDERsCM L FLEIN GE RALD CMARNOFF. P C.
J. PAYRtCM MsCMEY. P C.
t202D S22-sO99 tm 822-st99 ELISAs[TM M. PENDLETON GCRDON R. MA%OFSMY PM6LLsp D BOSTWaCM. P C.
GEORGE P. MtCH AELY. JR, P C, PAUL A MAPLAN JEFFREY S. OsANCOLA R. TIMOTMY M ANLON. P C,.
J TMOMAS LENM ART. P ':.
M ARRY M. GLASSPIEGEL MANNAM E, M. LtESERMAM GEORGC M ROGERS. JR., P C STEVEN 4. MELT 2ER, P C.
JEFFERY L YABLON SANDRA E. FOLSOM FRED A. LITTLE. P C-DEAN O AULICM. P C.
TELEX JACM McMAY M ARCI A R NIRENSTCIN JOMN 8. RMINELANDER.
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JOMN ENGEL. P C.
89-2693 ISMAWLAW WSM8 THOMAS M McCORMICK JUDITH A. SAND.ER SRUCC W CMURCMILL P C.
CMARLES S TEMNIN. P C SUSAN M FREUND EDWARD D. YOUNG. su LESLIE A. NICMOLSON. JR., P C STEPHEN B MUTTLER. P C.
CABLE **SMAWLAW" JOHN L CARR. JR.
ROBERT L. WILLMORE MARTtN O MRALL. P C.
WINTMROP N BROWN, P C, PHILIP J. M ARVEY ANDREW O. ELUS RiCM ARD J. MENDALL P C.
JAMES S MAMUN. P C.
ROBERT M. GORDON WENDELIN A. HeelTE JAYE SILBERG P C.
RANDALB MELL P C.
B ARBARA J. MORGEN STANLEY M. BARG 8ARBARA M ROSSOTTI. P C ROGERT E. 2AMLER BONNIE S. GOTTUES MRiSTs L. uMeO GEORGE V ALLEN. JR. P C.
Rf CM ARD E. GALEN JOHN F. DE ALv' MOWARDM SMAFFERMAN LESLIE M. SMITM FRED DRASNE R. P C.
ROSERT 5. ROBBeNS coynggg DEBORAM e BAUSER vlRGeNIA S. RUTLEDGE R MENLY WEBSTER. P C.
STEVEN M LUCAS SCOTT A. ANENBERG MATHERsNE P CwCEM NATH ANICL P BREEC JR.PC. DAVID M RU SE NSTEsN CAMPBELL MILLEFER JANICE LEMRER STEIN MARM AUGENBLeCM. P C.
LYNN WMtTTLESEY W4LSON SETM M. MOOGASI AN TRAveS T. BROWN. JR.
ERNEST L. BL AME. JR. P C M ATI AS F. TRAVIESO-dea 2 SMEILA McC. MARVEY GAIL E. CURREV CARLETON S JONES P C.
VICTORIA J PE RMINS DELISSA A. Rf DGWAY RICM ARD M. MRONTM AL STsPMEN S. MEsMANN
'feOT ADMtTTED ene O Cc WRITER'S DIRECT DLAL NUMBER (202) 822-1051 3
July 21, 1982 1
1 Peter B.
Bloch, Esq.
Chairman Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Re:
Wisconsin Electric Power Company, Point Beach Nuclear Plant, Units 1 and 2, Docket Nos. 50-266-OLA and 50-301-OLA
Dear Judge Bloch:
This letter will serve as minutes of the conference call convened in the above referenced proceeding on July 19, 1982, at 4:30 p.m. EDST.
Licensee requested the conference call to discuss the j
anticipated late filing of Decade's Motion Concerning Litigable Issues.
A conference call was arranged with the Staff, Decade, and Licensee represented.
Initially, all parties waived the right to have a reporter present during the conference call and waived the right to question the propriety of the Board's action in convening a conference call without a reporter.
Counsel for Licensee was directed to take minutes of the conference call.
Counsel for Licensee noted that according to the schedule established during the June 1, 1982 conference call in this proceeding (memorialized in a June 7, 1982 letter from counsel for Licensee to h72602G4820721 G
ADOCK 05000266 fb PDR L
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SHAw, PITTMAN, PoTTs & TROWBRIDGE A PART>eCRSHeP OF PROFESSoONAL C04pORA?60NS Peter B.
Bloch, Esq.
July 21, 1982 Page Two Judge Bloch), Decade's Motion Concerning Litigable' Issues was to be filed July 19, 1982.
However, when counsel for Licensee'had called Decade's representative, Mr. Anderson, earlier in the~ day to arrange for pick-up of Decade's motion, counsel for Licensee was informed that the motion would not be timely filed.
Counsel for Licensee further explained that the work and vacation schedules of counsel and representatives of Licensee, as well as arrange-ments for securing necessary information and affidavits from Westinghouse personnel, were predicated on timely receipt lof Decade's motion, and any delay in Decade's identification,of issues for litigation and the bases for those issues would seriously prej-udice Licensee.
Decade's representative stated that he had misread the June 7 letter, and had understood the due date for the motion to be controlled by the collateral schedule set forth on page 4 of the June 7 letter.
Accordingly, he had believed the motion to be due July 21, twelve days after receipt of the SER.
However, having reviewed the June 7 letter, he agreed that the motion was due July 19.
Chairman Bloch observed that, given the nature and com-plexity of the filing expected, he assumed that Decade had already done much of the work in preparing the motion.
Decade's represen-tative explained that he had been on vacation for the past week and, to date, he had only reviewed the materials obtained through discovery and sorted those materials by the issues raised in Decade's January 18, 1982 letter to the Staff, with the addition of the issue _of l'ss-o of experienced personnel mentioned in Meeting Report 50-266/82-03, 50-301/82-03 (April 22, 1982).
In response to further questioning by Chairman Bloch, Decade's representative stated that he presently neither had notes ready for typing nor anything else in writing that would be helpful to counsel for Licensee.
Decade's representative confirmed that the issues he had identified to date for litigation were the twelve issues specified in the January 18, 1982 letter to the Staff, less issue 9 and pos-sibly less issue 7, with the addition of the issue on loss of experienced personnel and any new issues raised by the SER.
Decade's representative explained that he had not yet read the SER, but would take it home and read it overnight, and would report any new issues raised by the SER to counsel for Licensee the next morning (July 20).
Counsel for Licensee inquired when Decade's written motion could be expected.
Decade's representative stated that he would attempt to Federal Express the motion on Tuesday, July 20, but would file it by Federal Express no later than Wednesday, July 21.
Counsel for Licensee stated that Licensee would be significantly prejudiced by receipt of Decade's motion later than the morning of Wednesday,
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SHAw, PITTMAN. PoTTs & TROWBRIDGE A PARTNERSMap OF PROFESSIONAL CORPORATIONS Peter B.
Bloch, Esq.
July 21, 1982' I
Page Three i
July 21, and requested a Board order that Decade file its motion by Federal Express on' July 20.
Chairman Bloch directed Decade j
to file two-thirds of its motion on Licensee by Federal Express on July 20, and to file.the remaining one-third of the motion.by Federal Express on July 21.
The Staff stated that it also wished to receive expedited service of Decade's motion, so that it could begin preparin'g its response.
The Board instructed Decade to file the complete motion on the Staff by Federal Express on Wednesday, July 21, along with any discovery based on new information in the SER.
Chairman Bloch stated that, to minimize Federal Express costs, Decade could include the Board's copies of the motion in the Staff's Federal Express 2
package, and the Staff would arrange for delivery of those copies to the Board.
Chairman Bloch noted that the schedule in the June 7, 1982 letter sets forth the deadlines in this proceeding "with some clarity,"
and stated that in the future, he expected the parties to adhere to the schedule established there unless an extension, supported by good cause, is requested in advance of an established due date.
- Finally, the Chairman stated that he would continue to be available as needed for conference calls to resolve differences among the parties.
Respectfully submitted, SHAW, PITTMAN, PO TS & TROWBRIDGE By
' 'Bruch'N, Churchill, P.C.
Counsel for Licensee cc:
Judge Jerry R.
Kline Judge Hugh C.
Paxton Service List Attached
e a
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board' In the Matter of
)
)
WISCONSIN ELECTRIC POWER COMPANY
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Docket Nos. 50-266
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50-301 (Point Beach Nuclear Plant,
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(OL Amendment)
Units 1 and 2)
)
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SERVICE LIST Peter B.
Bloch, Chairman Stuart A.
Treby, Esq.
Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Wasington, D.C.
20555 Washington, D.C.
20555 Dr. Hugh C.
Paxton Richard G.
Bachmann, Esq.
1229 - 41st Street Office of the Executive Los Alamos, New Mexico 87544 Legal Director U.S.
Nuclear Regulatory Commission Dr. Jerry R.
Kline Wasington, D.C.
20555 Atomic Safety and Licensing Board Panel Kathleen M.
Falk, Esq.
U.S. Nuclear Regulatory Commission Wisconsin's Environmental Decade Washington, D.C.
20555 114 North Carroll Street Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 Board Panel U.S.
Nuclear Regulatory Commission Francis X.
Davis, Esq.
Washington, D.C.
20555 Monroeville Nuclear Center Westinghouse Electric Corporation Atomic Safety and Licensing P.
O.
Box 355 Appeal Board Panel Pittsburgh, PA 15230 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Barton Z.
Cowan, Esq.
John R.
Kenrick, Esq.
Docketing and Service Section Eckert, Seamans, Cherin & Mellott Office of the Secretary Forty-Second Floor U.S. Nuclear Regulatory Commission 600 Grant Street Washington, D.C.
20555 Pittsburgh, PA 15219
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