ML20062B001

Motion to Postpone Filing of Direct Testimony Due to Extra Time Needed for Discovery Re Recent Motions & Ruling.Filing Should Be Delayed Until Facility in Operation & Decision for Hearing Prior to EIS Reached

ML20062B001
Person / Time
Site:	05000484
Issue date:	10/06/1978
From:	Baxter T SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
Shared Package
ML20062B004	List: ML20062B001 ML20147F395 ML20147F437
References
NUDOCS 7810190210
Download: ML20062B001 (5)

Text

- ... October 6, 1978

.,_? . . < 0 :: m ENT Rooy g ,g UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

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SEFORE THE ATCMIC SAFETY AND LICENSING SOA_hl bi

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Y In the Matter of ) &

) N NORTEIRN STATES POWER COMPANY, )

IT AL. ) Docket No. STN 50-484

)

(Tyrone Energy Park, Unit 1) )

PERMITTEES' MOTION TO POSTPONE THE FILING OF DIRECT TESTIMONY In a Memorandum and Order of September 7, 1978, the Atomic Safety and Licensing Board adopted the joint proposal of the NRC Staff, Northern Thunder and Permittees for revisions to the prehearing schedule in this remanded proceeding. That revised schedule called for written direct testimony to be filed by October 13, 1978. The Board indicated in its Memorandum and Order that it was not possible, at that time, to definitely reschedule the date for the evidentiary hearing. Several recent developments now cause Permittees te propose a postponement in the filing of testimony.

First, motions to compel discovery were filed on September 29, 1978, by Northern Thunder, and on October;3, 1978, by Permittees. The filing of answers to these motions and the issuance of rulings by the Board, folicwed by any additional discovery which the Scard migh order, will cause -he disccvery process to continue well past the Oc cher 13th date new se for the filing of testimeny.

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Second, the co=mercial operation date for Tyrone Energy Park has been revised from April, 1985, to April, 1986.-1/ This

. change will require the preparation and submission of revisions to the information filed with the Staff (and served upon the Board and the parties) in support of the reques,t for amendment t

of the construction permit. In particular, the' plant capital cost estimate will have to be updated to reflect the new in-service date, and the related sources-of-funds tables will be amended accordingly.. Approximately three to four weeks will be required for Permittees to prepare and file this infor-mation. It will then be necessary to afford the Staff some period of time to review the new data. .

Third, the Public Service Commission of Wisconsin, in its proceeding on the Tyrone Energy Park application for a certificate of public convenience and necessity, has recently decided that certain issues should be heard prior to its environ-mental impact statement process, and has called for extensive a

testimony from the applicants by November 13, 1978, for a hearing to commence on December 11, 1978. This hearing, which we expect will require several weeks, will also involve Mr. Ihrig, who is counsel to Northern Thunder in this proceeding.

For these reasons, Permittees move the Board for a postponement in the filing of written direct testimony in

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this proceeding. Because of the uncertainties associated with 1/ See letter of October 2, 1978, from counsel for Permittees to the Atomic Safety and Licensing Appeal Board.

! the ma.tters identified above, Permittees propose that the Board should not at this time establish a new schedule for the filing

.,' of testimony and the commencement of the hearing. We expect that at some point in December it would be practical for the parties to confer and to present the Board with a proposed 1

schedule for the filing of testimony and the commencement of the evidentiary hearing.

I have conferred with Mr. Lewis, counsel for the -

NRC Staff, and with Mr. Ihrig, counsel for Northern Thunder, with respect to this t Stion. They have both authorized Permittees to convey their support of the motion.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE W - _

Thomas A. Baxter Counsel for Permittees 1800 M Street, N.W.

Washington, D.C. 20036 (202) 331-4100 Dated: October 6, 1978

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) '

NORTEEPli STATES POWER CCMPANY, ) ,

ET AL. ) Docket No. STN 50-484

)

(Tyrone Energy Park, Unit 1) )

CERTIFICATE OF SERVICE I herehy certify that copies of the foregoing "Permittees' Motion to Postpone the Filing of Direct Testimony," dated October 6, 1978, were served by deposit in the United States mail, first class, postage prepaid, this 6th day of October, 1978, to all those on the attached Service List.

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Themas A. Baxter

== k.b Dated: October 6, 1978 4

. < t ,

• ,. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

NORTHERN STATES POWER CCMPANY, )

e IT AL . . ) Docket No. STN 50-484 .

)

(Tyrone Energy Park, Unit 1) )

SEPVICE LIST Richard S. Sal =an, Esquire, Chairran James P. Alt:ran, ~@e Atcmic Safety ard Licensing Appeal Board Assistant Attcrney General U.S. Nuclear Regulaterf Comissicn Cepart:nent of Justice Washingten, D.C. 20555 State Capitol Ma<dia n, Wiscx:nsin 53702 Michael C. Fa=ar, Esquire ,

At:2nic Safety ard Licensing Appeal Board Mrs. Harold C. Bauer U.S. Nuclear Regulatory C - i " icn acute 1, Scx 191 Washingten, D.C. 20555 Rock Falls, Wiscensin 54764 Dr. W. Feed Jchnson Jocelyn Furtwangler Olson, ~@e Atcmic Safety and Licensing Appeal Board Special Assistant Attczney General U.S. Nuclear Regulator / Ccmission Mim a=-ta Pollutien Centrol Agency Washingtcn, D.C. 20555 1935 W. Country Road B2 Reseviile, Mirreseta 55113 Ivan W. Smith, Esquire, C 24 an Atcmic Safety ard Licensing Scard Richard Ihrig, Esquire U.S. Nuclear Pegulaterf c =%sien 400 Exchange "r'" ding Washine; ten, D.C. 20555 4th and Center Wincna, Minnesota 55987 Dr. Gecrge C. Anderscn Oceancgraphy Cepartment, WB-10 Michael J. Cain, Esg.i.m.

University of Washingtcn Bureau of I.egal Services Seattle, Washingtcn 98195 Depart:nent of Fat.:ral Pescurces Scx 7921 Mr. Iester Kornblith, Jr. Madiscn, Wisc::nsin 53707 Atcmic Saferf ard Licensing Scard U.S. Nuclear Regulatorf Ccmissicn Steven M. Schur, A " te Washington, D.C. 20555 Chief Ccunsel i Public Service Ccmissicn cf Wiscensin I

Stephen H. I.esis, ~@e F4il Farms State Office 2nd Wng Office of the Executive I.agal Dir m 4802 S' r e gan Avenue U.S. Nuclear Fegulatcrf Ccmissicn Madiscn, Wiscensin 53702 i R hingt:n, D.C. 20555 l Mr. Stanley Cider Cccketing a:xi Ser7 ice Sectien c/o Ourand Pestraster Office of the Secretarf ?frene, Wis e. sin 54736 U.S. Nuclear Regulatcry Ccr:missien Washingt:n, D.C. 20555 Mr. 2.cras Gala::en Fcute 2, Scx 54

?.~ le Lake, Wiscensi.n 54889