ML20059M608

Prehearing Conference Order (Filing Dates for Further Submissions).* Petitioners Requested to File Response to Applicant Rept on Health & Safety Matters by 901113. W/Certificate of Svc.Served on 901002

ML20059M608
Person / Time
Site:	Vogtle
Issue date:	10/02/1990
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	GEORGIA POWER CO., GEORGIANS AGAINST NUCLEAR ENERGY, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#490-10868 90-617-03-OLA, 90-617-3-OLA, LBP-90-29, OLA, NUDOCS 9010050091
Download: ML20059M608 (4)

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[ttnt100 uwC UNITED STATES OF AMERICA NUCLTAR REGULATORY CC'MMISSION nsicE ov SLCRtlMY ATOMIC SAFETY AND LICENSING BOARD bOChllfgjjCi Before Administrative Judges:

"harles Bechhoefer, Chairman Dr. James H. Carpenter SERVED OCT - 21990' Dr. Emmeth A. Luebke Docket Nos. 50-424-OLA In the Matter of 50-42 5-OLA GEORGIA POWER CO., at gle ASLBP No. 90-617-03-OLA (Vogtle Electric Generating Plant, Units 1 and 2)

Facility Operating Licenses NPF-CS and NPF-81 October 2, 1990 PREHEARING CONFERENCE ORDER (Filina Dates for Further Submissiong)

Pending before us is a proposal by Georgia Power Co.,

at al. (hereinafter, Applicants) to amend the technical specifications of the Vogtle Electric Generating Plant, Units 1 and 2, to permit the Applicants to bypass manually the jacket-water high temperature trip for all emergency starts of the emergency diesel generator. A timely petition to intervene in opposit'*n to the proposal was filed by Georgians Against Nuclear Energy (GANE) (petitioners for intervention). For further details, see our Memorandum and _,

Order (Intervention Petition), LBP-90-29, 32 NRC (August 16, 1990).

9010050091 991002 PDR i G ADOCK 05000424 i PDR

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• E On-September 19, 1990, the Licensing Board conducted an initial prehearing conference, in Atlanta, Georgia, to consider the eligibility of GANE to participate as a party.1 Represented at the conference were the Applicants, GANE and the NRC Staff. At the conference, wa determined that GANE had demonstrated the requisite standing to intervene (Tr. 47) but we deferred to a later date any ruling on contentions (except to dismiss two of them summarily, on relevance grounds).

Subsequently, the Board outlined health and safety matters derived from the petitioners' contentions which it believed might properly be suitable for hearing. The Applicants requested permission to supplement the record with a statement on how they had dealt with such questions, all of which were derived from the accident which occurred on March 20, 1990 and NUREG-1410, the Staff's report on that accident. The petitioners had no objection to this approach and indicated that, as a' result, their concerns might well

( be satisfied.

The Board accepted this approach. As a result, we are deferring setting forth the details of our ruling on standing and further deferring our ruling on contentions.

After the' Applicants have filed their report, the Board requests the petitioners to advise us of their reaction to

' Notice of the conference was issued on August 17, 1990 and was published at 55 Fed. Reg. 34635 (August 23, 1990).

O it and, in particular, whether each one of their expressed concerns have been satisfied or alleviated. The petitioners should file this response within 21 days of their receipt of the Applicants' report, or by November 13, 1990, whichever is later. The NRC Staff is also invited to file comments on both the Applicants' report and the petitioners' response. The Staff comments should be filed within 14 days of service of the petitioners' response.'

Following receipt of the report and responses, the Board will deterr.Ane whether further proceedings are necessary a appropriate.

IT IS SO ORDERED.

FOR THE ATOMIC SAFITY AND LICENSING BOARD tl u DJ u 1/

CharlesBechhdefer,d.%ipan ADMINISTRATIVE JUDGE Bethesda, Maryland October 2, 1990 I

-i

'The petitioners are reminded that they must serve copies of their response on, inter alia, counsel for the Applicants and for the Staff, as well as on the members of this Board and the Commission Secretary (original and two copies). See 10 C.F.R. S 2.712.

m 1

UNITED STATES OF AMERICA l t NUCLEAR RitulATORY COMMill10N  !

t in the Matter of I I I l SECR0!A POWER COMPANY. ET AL. I Docket No.(s) 50-424/425-OLA 1

(Vogtle Electric Generating Plant, i Units 1 and 2) l l

t i

CERTIFICATE OF BERVICE l  :

I hereby certify that copies of the foregoing LB PREHEARlNO CONFERENCE have been served upon the following persons by U.S. soll, first class, except i as otherwise noted and in accordance with the requirements of 10 CFR loc. 2.712.  !

J Atomic Safety and Licensing Appeal Administrative Judge '

leerd Charles Bechhoefer, Chairman ~

U.S. Nuclear Regulatory Consission Atomic Safety and Licensing Board  !

Washington, CC 20555 U.S. Nuclear Regulatory Coseission i Washington, DC 20555 i

Administrative Judge Adelnistrative Judge i James H. Carpenter Esseth A. Luebke Atomic Safety and Licensing Board 5500 Friendship loulevard, Apt. 1923N- ,

U.S. Nuclear Regulatory Coseission Chevy Chase, MD 20015 -

Washington, DC 20555 ,

Charles A. Barth, taquire Arthur H. Dooby Office of the Seneral Counsel Troutsen, Sanders, Lockerman 6 Ashoore U.S. Nuclear Regulatory Consission Candler Building, Iuite 1400  ;

Washington, DC 20555 127 Peachtreet Street, Nt. <

Atlanta, 6A 30303 Ernest L. Blake, Jr., P.C. Olenn Carroll Shaw, Pittaan Potts and Trowbridge Georgians Against Nuclear Befety 2300 N Street, NW. P.O. Box 0574 ,

Washington, DC, 20037 Atlanta, OA 30306 i

Dated at Rockville, Md. this 2 day of October 1990 Office of the Secretary of the Consission 6

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