ML20058D515

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Confirms Two 820722 Telcons.No Agreements Reached Re Discovery,Filing of New Contentions or Scheduling Hearing. Certificate of Svc Encl
ML20058D515
Person / Time
Site: Clinch River
Issue date: 07/23/1982
From: Bradley Jones
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Finamore B
National Resources Defense Council
Shared Package
ML20058D505 List:
References
NUDOCS 8207270168
Download: ML20058D515 (5)


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JUL 2 31982 Barbara A. Finamore Natural Resources Defense Council, Inc..

1725 Eye Street, N. W.

Suite 506 Washington, D.C.

20006 In the Matter of UNITED STATES DEPARTMENT OF ENERGY PROJECT MANAGER CORPORATION TENNESSEE VALLEY AUTHORITY (Clinch River Breeder Reactor Plant)

Docket No. 50-537

Dear Ms. Finamore:

This letter is to confirm the content of our two telephone conversations on July 22, 1982. The Staff proposed two possible methods of meeting the present Licensing Board deadline of August 6, 1982 for the close of all discovery. The first proposal was for NRDC to provide any interrogatories or other discovery to the Staff within 9 days of the transmittal of the draft FES Supplement to the parties. This would have made any discovery requests due on July 28, 1982.

In return for supplying the di>covery on that schedule the Staff would agree to supply responses within 9 days. That schedule would result in responses being filed by August 6, 1982. You indicated that this option was was not acceptable.

In addition to the question of new discovery, I indicated to you that the Staff objected to 15 questions in NRDC's twenty-sixth set of interrogatories to the NRC Staff, due to the fact that they did not address new matters raised in the SSR.

You indicated that you would be in touch with me as to your position on those interrogatories.

You also indicated that NRDC believed that the hearing could not go t

ahead on the present schedule and that there was, in your opinion, no reason to make any special arrangements for discovery to be completed on August 6, 1982.

It was stated that NRDC intended to request a prehearing conference l

to deal with scheduling issues.

I indicated the Staff's view that the hearing could progress on some issues using the present schedule and that, for that reason, the staff believed discovery should be completed on the l

schedule now in existance.

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During our second phone call you indicated that NRDC had not yet determined if they would file any additional contentions as a result of new information in the supplement to the FES. No indication as to when NRDC would be able to make such a detennination was given.

In this second phone call, I proposed that you supply discovery within 14 days, and the Staff would provide oral responses on the record on August 5 and/or 6, 1982. You indicated that you were not sure this would be acceptable and you would attempt to get back with a reply on July 22 or

23. We have not yet received any response to our second proposal.

'No ag'reement was re ned as '.., discovery, the filing of new contentions or scheduling of the hearing as a result of our conversations.

Respectfully,

/Ns fP Bradley Jones Counsel for RC Staff cc: Service List

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UNITED STATES DEPARTMENT OF ENERGY

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PROJECT MANAGEMENT CORPORATION

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Docket No. 50-537

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TENNESSEE VALLEY AUTHORITY

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(Clinch River Breeder Reactor Plant)

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CERTIFICATE OF SERVICE Service has been effected on this date by personal delivery or first-class mail to the following:

      • Marshall E. Miller, Esquire Chairman c

Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C.

20545

        • Ruthanne G. Miller, Esq.

Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C.

20545 Dr. Cadet H. Hand, Jr.

Director Bodega Marine Laboratory i

University of California P. O. Box 247 l

Bodega Bay, California 94923

        • Mr. Gustave A. Linenberger Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C.

20545

          • Daniel Swanson, Esquire Stuart Treby, Esquire l

Office of Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C.

20545 (2 copies) l l

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. **** Atomic Safety & Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.

20545

        • Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.

20545

  • Docketing & Service Section Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C.

20545 (3 copies)

William M. Leech, Jr., Attorney General William B. Hubbard, Chief Deputy Attorney General Lee Breckenridge, Assistant Attorney General State of Tennessee Office of the Attorney General 450 James Robertson Parkway Nashville, Tennessee 37219 Oak Ridge Public Library Civic Center Oak Ridge, Tennessee 37820 Herbert S. Sanger, Jr., Esquire Lewis E. Wallace, Esquire W. Walter LaRoche, Esquire James F. Burger, Esquire

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Edward J. Vigluicci, Esquire Office of the General Counsel Tennessee Valley Authority 400 Commerce Avenue Knoxville, Tennessee 37902 (2 copies)

    • Dr. Thomas Cochran, Esquire l

Barbara A. Finamore, Esquire i

Natural Resources Defense Council l

1725 Eye Street, N. W.,

Suite 600 l

Washington, D. C.

20006 (2 copies) l Ellyn R. Weiss, Esquire Harmon & Weiss 1725 Eye Street, N. W.,

Suite 506 Washington, D. C.

20006 l

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Lawson McGhee Public Library 500 West Church Street Knoxville, Tennessee 37902 William E. Lantrip, Esq.

Attorney for the City of Oak Ridge Municipal Building P. O. Box 1 Oak Ridge, Tennessee 37830 Leon Silverstrom, Esq.

Warren E. Bergholz, Jr., Esq.

U. S. Department of Energy 1000 Independence Ave., S. W.

Room 6-B-256, Forrestal Building Washington, D. C.

20585 (4 copies)

    • Eldon V. C. Greenberg Tuttle & Taylor 1901 L Street, N. W., Suite 805 Washington, D. C.

20036 Commissioner James Cotham Tennessee Department of Economic and Community Development Andrew Jackson Building, Suite 1007 Nashville, Tennessee 37219

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Frank K. Peterson Attorney for Project Management Corporation DATED:

July 26, 1982 l

t Indicates hand delivery to 1717 H Street, N.W.,

Washington, D. C.

Indicates hand delivery to indicated address.

Indicates an express delivery in Fort Worth, Texas.

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Indicates hand delivery at 4350 East-West Highway, Bethesda, Maryland.

Indicates hand delivery at Maryland National Bank Building, Bethesda, Maryland.

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