ML20062B220

Comments on ASLB 781002 Memorandum & Order Denying Motion for Dismissal of Intervenor.Supports ASLB Proposal That Affirmative Cases Can Be Presented Prior to Rebuttal Testimony.Certificate of Svc Encl

ML20062B220
Person / Time
Site:	Summer
Issue date:	10/11/1978
From:	Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7810230369
Download: ML20062B220 (4)

Text

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• NRC PUBLIC DOCUMENT ROOM 10/11/78 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD gr=Q 9 f *: ." ..<,3 In the Matter of ) j[ '

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Docket No. 50-395

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Unit No.1) )

'Q'k NRC STAFF COMMENTS ON MEMOPANDUM AND ORDER DENYING MOTION FOR DISMISSAL OF INTERVENOR j  ; Ofi October 2, 1978', the Atomic Safety and Licensing Board (Board) issued a " Memorandum and Order Denying Motion for Dismissal of Intervenor" i

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, QMemorandumandOrder)inthecaptionedproceeding. This Memorandum and forde'r embodies the Board's ruling on the Applicant's August 24, 1978 motion

'. ~t io dis [tiiss the Intervenor from this proceeding and motion to supplement the 4 j .?

same, dated September 18, 1978. The Staff filed a written response opposing UtemktiontodismissonSeptember 13, 1978 and was in the process of pre-paring a written response in opposition to the supplemental motion to l pl ..: p. ....

dismiss wnen the Board's Memorandum and Order issued.

-s In its Memorandum and Order, the Board ruled that the Intervenor's dismissal as a party from the proceeding was unwarranted on the basis of the Applicant's moving papers. Nonetheless, the Board expressed the view, with which the Staff is inclined to agree, that, on the basis of the discovery record, the Intervenor may be " unrealistically optimistic about his ability to produce his named witnesses." Memorandum and Order at 4.

=- In this connection, the 7 Fr/o a.3 0 369 @

-2 Board stated its belief that it would be unfair to the " burdened party" (presumptively referring to the Applicant as the party with the ultimate burden of proof) to be required to address the testimony of any witnesses an adversary can name. Therefore, the Board invited the parties to coment upon its proposal that testimony in this proceeding be taken in two phases:

first, presentation of affirmative cases and, following a recess, the second stage, submission of rebuttal testimony. The Board further stated that written testimony would be filed far enough in advance of each phase O to enabie preparet4on for cross-examination.

The Board expressed the hope i

. that this procedure would reduce the need for any party to prepare to meet

' a case that never materialized.

The Staff believes that the Board's proposal provides a positive framework for the conduct of the evidentiary hearing under the circumstances noted in the Board's Memorandum and Order. The Staf.f recommends, however, that the specifics of this proposal be explored more fully at the prehearing

'O conference to be scheduled under 10 CFR 52.752 in order to consider, among other things, appropriate steps to expedite the presentation of evidence.

Respectfully submitted,

,l W hU -

Steven C. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland, this lith day of October,1978 _

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, ,. 4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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BEFORE THE ATOMIC SAFETY AND LICENSING 3OARD

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In the Matter of )

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, SOUTH CAP.0 LINA ELECTRIC & GAS ) Docket No. 50-395 COMPANY )

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Virgil C. Summer Nuclear Station, Unit 1 )

i l CERTIFICATE OF SERVICE i

I hereby certify that copies of "NRC STAFF COMMENTS ON MEMORANDUM AND ORDER DENYING MOTION FOR DISMISSAL OF INTERVENOR", in the above-captioned

~Q . proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the

Nuclear. Regulatory Comission's internal mail system, this lith day of

, October,1978:

Ivan W. Smith, Esq.* . Richard P. Wilson, Esq.

. Atomic Safety and Licensing Board Assistant Attorney General l ,

U. S. Nuclear Regulatory Commission S. C. Attorney General's Office Washington, D. C. 20555 P. O. Box 11549

, Columbia, South Carolina 29211

. Dr. Frank F. Hooper S -.

University of Michigan Troy B . Conner, Jr. , Esq.

Camp Filibert Roth . Conner, Moore & Corber l Iron River, Michigan 49935 1747 Pennsylvania Avenue, N.W.

Mr. Gustave A. Linenberger*

Atomic Safety and Licensing Board Brett Allen Bursey U. S. Nuclear Regulatory Commission Route 1, Box 93-C

. Washington, D. C. 20555 Little Mountain, South Carolina 29076 l

George Fischer, Esq. Atomic Safety and Licensing Vice President and General Counsel Board Panel

• South Carolina Flectric and Gas U.S. Nuclear Regulatory Commission Company . . Washington, D. C. 20555 Post Office Box 764 Columbia, South Carolina 29202 4

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Atomic Safety and Licensing Appeal Panel (5)*

j. U.S. Nuclear Regulatory Commission a' Washington, D. C. 20555 Docketing' and Service Section (3)*

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C. 20555

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*"*" ' ' 'd'*"S Counsel for NRC Staff (Dl7 I

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