ML20062B200
| ML20062B200 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 08/04/1978 |
| From: | Lowenstein R LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Mcccollom K, Miller N, Paxton H AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel, OKLAHOMA STATE UNIV., STILLWATER, OK |
| References | |
| NUDOCS 7810230324 | |
| Download: ML20062B200 (10) | |
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August 4, 1978 Marshall E. Mill e, Esq., Chairman Dr. Hugh C. Paxton Atomic Safety and Licensing Board 1229-41st Street U.S. Nuclear Regulatory Commission.
Los Alamos, NM 87544 Washington, D. C.
20555 Dr. Kenneth A. McCollom, Dean Division of Engineering,
. Architecture & Technology Oklahoma State University Stillwater, OK 74074 Gentlemen:
Attached to this letter is the Licensees' proposed agenda (Attachment A) for the Special Prehearing Conference scheduled for August 14, 1978.
This agenda is furnished with a view toward providing advance notice of the matters which the Licensees believe the Licensing Board can address
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and resolve on that occasion.
Item 1.,
Licensees' " Motion for Prompt Consideration of Interim Operarion of the Trojan Nuclear Plant."
Although the Board has already stated that the issue of interim operation will be addressed first at the hearing to commence l
on September 6-8 (Notice of Evidentiary Hearing, p. 4), we believe that a ruling on this motion should be made promptly.
The Motion was served by mail on July 21, 1978, and handed to all parties on July 24.
Answers to the Motion should have been filed by other parties prior to the August 14 Conference.
We know of no reason to conduct a " hearing" on 7
the motion as some Intervenors suggested (Tr. '251-52).
I Should the Board wish to hear oral argument before making its decision on the Motion, however, we respectfully suggest that this argument be the first on the agenda and that the Board announce its decision at the August 14: Conference.
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towz.4sTz x. NewxAx Rzts & AxzLRAD Marshall E. Miller, Esq.
t Dr. Kenneth A. McCollom Dr. Hugh C. Paxton l
Page Two A*ugust 4, 1978 j
4 Item 2..
"S tatus of Discoverv."
The Board's " Notice of Hearing on Order for Modification of License, and of Special Prehearing Conference" (July 28, 1978) directed the parties j
to report on the progress of discovery at the August 14 Con-
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ference.
Licensees will be prepared to do so by updating the information contained in the letter dated August 3,
- 1978, l
to all intervenors.
(Attachment B).
One point bears emphasis with regard to depositio.ns.
As originally indicated (Tr. 198), Licensee's offer is made
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on the condition that an appropriately experienced person, trained in administrative law proceedings as described in the Atomic Energy Act, would preside at the taking of deposi-tions.
Item 3., " Schedule."
We suggest that the Board and parties discuss at the August 14 conference the schedule for hearings and related activities following the designated commencement of the hearing on September 6-8.
Licensees are presently planning on the basis that the hearing will continue into the week of September 11 and thereafter if required to complete evidentiary consideration of the issue of interim operation.
However, we also assume that the modifications to the Trojan Plant will not be taken up until subsequent sessions of the hearing.
This assumption stems from the-facts that design of the modifications will not be completed until September 1 and Staff review may not be completed entil approximately September 15, 1978.
(See June 30, 1978, letter Goodwin (PGE) to Case (NRC), Tab 18 of Control' Building Docket Correspondence).
For this reason, Licensees' testimony filed in advance of the September 6-8 hearing will address only matters related to the issue of interim operation.
On August 14 we would expect to be able to suggest dates when the remainder of Licensees' testimony will be available and when the evidentiary sessions on the modifications might be convened.
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Item 4.,
" Witnesses."
On August 14, each party should identify the witnesses which it then proposes to sponsor in the hearing on interim operation.
Licensees can state that they presently intend to sponsor as witnesses the following persons:
George Katanics, Dr. William White and Theodore i
Jchnson of Bechtel; Glen E. Bredemeier, Donald Brcehl, Sam Christensen,iJohn Frewing and Barr Withers of PGE; Hector I
LOW EN!6TEIN. NEWMAN. Rzts & Axz!. RAD Marshall E. Miller, Esq.
Dr. Kenneth A. McCollom Dr. Hugh C. Paxton Page Three August 4, 1978 Durocher of BPA.
We suggest that all parties identify any additional witnesses no later than August 22, 1978.
Item 5.,
" Contentions."
The Board previously indicated that it expected intervenors, no later than 15 days prior to the prehearing conference on August 14, to file supplements to petitions to intervene which include a list of the conten-tions which are sought to be litigated and the bases for each contention.
We respectfully suggest that the present proceed-ing is an unusual case both with respect to the need for expeditious consideration, as recognized by the Commission and, as the Staff has emphasized (Tr. 223), in that the issues were narrowly defined in the Staff's May 26 order.
1 We agree that it may be helpful to the Board and parties if the intervenors try to be more specific regarding the parti-cular questions which are of concern to them.
However, in our opinion, greater specificity is not required either legally or practically.
Under Section 2.718, the Board has broad powers to take appropriate action to avoid delay and to regulate the course of a hearing.
In some instances this responsibility would best be discharged through identification and simplification of issues.
However, such action is un-necessary where, as here, the issue is inherently narrow.
Thus, dispensing with contentions is within the Board's discretion in the circumstances of this proceeding.
We acknowledge that the urgency may be somewhat less with regard to the issue of plant modifications and that that issue may be somewhat less well defined.
Therefore, greater specificity in the form of contentions from inter-venors regarding plant modifications shculd be encouraged.
Other Matters There have been indications that a number of members of the public may seek to make limited appearances.
The Board has been asked to schedule some sessions in a location closer to the Trojan Plant than Portland.
To accomodate these re-quests while avoiding conflicts with the evidentiary hearing, the Board may wish to schedule limited appearances immediately l
folicwing the prehearing conference on August 14 and 15, per-haps in St. Helens.
The Licensees would be pleased to arrange for the Board to tour the Trojan Control Building on a date convenient for the Board.
LowestTEIN. NEWMAN. REra & AxzLnAo Marshall E. Miller, Esq.
Dr. Kenneth A. McCollom Dr. Hugh C. Paxton Finally, it may be appropriate to reserve the first two hours of the hearing beginning September 6-8 for a prehearing conference if necessary in order to arrange the order of pre-sentation of witnesses and of cross-=xamination and other procedural matters.
y truly yours, 1
3 Robert Lowenstein RL:rl Attachments
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ATTACHMENT A
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_D _R A_ _F T_
PREHEARING CONFERENCE AGENDA (August 14, 1978)
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Item 1.
Licensees' " Motion for Prompt Consideration of Interim Operation of the Trojan Nuclear Plant" 2.
Status of Discovery 3.
Schedule 4.
Witnesses
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Contentions t
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~ hd__.,4h s c(C__ g~r~a PCrtlaxf Gcr&31 SCdliC COM2ny a
as Au~gus t 4, 1978 Nina Bell 2018 N.W. Everett 520L Portland, Oregen Columbia Environmental Council 475 5 7th Street St. Hulens, Oregon C.
Gail Parson I
B00 S.W. Green 46 j
Portland, Oregon Eugene Rosolie The Coalition for SAfc Power 215 S.E. 9th Portland, Crogon David B. McCoy 340 Hussey Lane Grants P4?A, Oregon Steve Willingham 555 N. Tomahawk Drivo j
Portland, Oregon i
Pet Docket No. 50-344 (Control Building Proceeding),
Port 14hd General Electric company, et al.
(Trojan Nuclear Plant) l
Dear Intervenors:
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Thia lutter will confirm oteps being taken by PGE persuant l
j to the directicn of the L.icenn tnu Doard at the Special Prehearing l
Con ference on July 25, 1973, thAt the 9.%rttec voluntarily l
oxpedite discovery in this proceeding.
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As represented at the Special Prshearing Conference on July 25, 1978, effective July 27, PGE estabitahed a i
documem t room at Lts Fortisnd officca containing documenta relovant tc tne control buildin proceeding.
Instructions for e
i uttitration of tne document roem were f o rv.t ried to you on July 20.
We uryv you to avail youracif of these documenth at ycia earliest convenience.
The docum.cnt room at PGE will l
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remain avstlabic until further notice, 2.
Tne control building tcur requested by Tritervenors j
renains 3cneduled fc.r Friday, August 4.
Ph'.J e 'IMo 3.
The Board'u Augunt 1, 1973, Notice of r.vi<lont.iary e
Hearing providcu tor the hearing to begin September 6-3,
- 1978, and requires service of propocer.1 writt.en testinsny by thn parties 15 days in advance et tha hearing session at which the teo t tniony i t; ho be presented.
Licensees const rue this to r.ean that written testimony must be served by August 22, 1973, 15 calendar days in advsnco of the September 6 date on which the first hearing session will begin.
L'CE unrfor hakes the following ef forts to facilitate discovery on.i schedule conslotvnt with those dates, I
a.
Sunject to the Board's deolgnation of an of ficar to pecult.le St auch <!npnal t. ions, Licensceu renew their otfer to attempt to make the folLoving wlenes.+.no available for oral deposition during the period August 16-19 inetuo(ve at cps:clfic times to be arranged with intervonoru:
liechtel -- George Latanics, Chie f Civil Enviineer Dr. William White Theodore Johnson PGE
-- G1ert E. RendGmeier IMnald Braehl t
Sam Christensen l
John Frewing j
Bart Withers i
l BPA flector Duroche r a
l i,icenseau requesL that In te evenors noti fy Licensees,
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if po:eulbic, prior to t.he Auguet 14 Special Prehearing Con fe rence of Intervenors ' desire to depose specific l
.iitnessoa.
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Licensees will undertake voluntarily to anster t
written in to rrogatorien received throm.;h August 16, 1978, which are gerinane to the preliminary lunue of interim oper!.shion tsa islentified by the acard in its August Notice of Evi.denticeV Hearing, To ensure
- recel, of such interregstorios by August i f,, Intervenors m.i y -
.ce enem 11rently to
'ld H. Johnscn l
vn res t te
- .. h to rnity l a nsi General Electri.e Company Ploor met r.te Cttnter
.W. 5.stmon Strer*h and, Oregon 97:04 To r.he e.x t e n e.
po.is i b l.c, annween
- t. o interecq.wories regarding interim operation rocnived by A u m n; r L '. will
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he u. imp l e t ec t an1 nesr ::::1 by August 19.
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Page Three g
If you have questions regarding discovc ry mattero or ltr.-ms discu= sed in this letter, pleAce contract m by telephone at.
(503) 226-3379, er at the addreas not.ed above.
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Stacerely, i
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I Ronald N.
Johnson Corporate Attorney RWJ: 3 11 1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PORTLAND GENERAL ELECTRIC COMPANY,
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Docket No. 50-344 et al.
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(Control Building Proceeding)
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(Trojan Nuclear Plant)
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CERTIFICATE OF SERVICE I hereby certify that on August 4, 1978, a letter of the same date from Robert Lowenstein to the members of the Atomic Safety and Licensing Board with attached proposed agenda for prehearing conference in the above-captioned proceeding has been served upon the persons listed below by depositing copies thereof in the United States mail with proper postage affixed for first class mail.
Marshall E. Miller, Esq., Chairman Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ccmmission U.S. Nuclear Regulatory Ccmmission Washington, D. C.
20555 Washington, D. C.
20555 Dr. Kenneth A. McCollom, Dean Docketing and Service Section Division of Engineering, Office of the Secretary l
Architecture & Technology U.S. Nuclear Regulatory Cc= mission Oklahoma State University Washington, D. C.
20555 Stillwater, OK 74074 (Original & 20 copies) l Dr. Hugh C.
Paxton Columbia County Courthouse 1229-41st Street Law Library, Circuit Court Rcom Los Alamos, NM 87544 St. Eclens, OR 97051
Joseph R. Gray, Esq.
Eugene Rosolie Office of Executive Legal Director Coalition for Safe Power U.S. Nuclear Regulatory Commission 215 S. E.
9th Avenue Portland, OR 97214 Washington, D. C.
20555 Richard M.
Sandvik, Esq.
John A. Kullberg Assistant Attorney General Route 1, Box 250Q State of Oregon Sauvie Island, OR 97241 500 Pacific Building 520 S. W. Yamhill David B. McCoy Portland, OR 97205 348 Hussey Lane Grants Pass, OR 97526 Robert M. Johnson, Esq.
Assistant Attorney General Nina Bell State of Oregon 2018 N. W. Everett, #201 100 State Office Building Portland, OR 97209 Salem, Oregon C. Gail Parson
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John H. Socolofsky 800 S. W. Green, #6 Oregon Department of Energy and Portland, OR 97526 oregon Public Utility Commissioner Department of Justice Stephen M. Willingham State Office Building 555 N. Tomahawk Drive Salem, Oregon Portland, OR 97217 Gregory Kafoury, Esq.
A. V. Lofgren, Esq.
Kafoury & Hagen 1002 N. E. Holladay 202 Oregon Pioneer Building Portland, OR 97232 320 S. W. Stark Street Portland, OR 97204 Dated:
August 4, 1978 Y
KcVfELEEN H.
SHEA, Esq.
Lowenstein, Newman, Reis & Axelrad 1025 Connecticut Ave.,
N.W.,
- 1214 Washington, D.
C.
20036 (202) 862-8400