ML20063M993

Provides Minutes of 820913 Conference Call.Applicant Exhibit 13,special Needs Info Card,Withdrawn.Joint Intervenors Request for Extension of Time to Comment on Exhibit Mooted. Svc List Encl

ML20063M993
Person / Time
Site:	Waterford
Issue date:	09/14/1982
From:	Churchill B LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Wolfe S Atomic Safety and Licensing Board Panel
References
NUDOCS 8209160531
Download: ML20063M993 (4)

Text

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• seOT ADMiTTEDIN D C WASTER S OsmECT DIAL NUMBEm (202)822-1051 September 14, 1982 Sheldon J. Wolfe, Esq.

Administrative Judge Chairman, Atomic Energy and '

Licensing Board Panel

• U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Louisiana Power & Light Company (Waterford Steam Electric Station, Unit 3)

Docket No. 50-382 l

Dear Judge Wolfe:

This letter will serve as minutes of the conference call convened in the above referenced proveeding on September 13, 1982, I at 3:00 p.m. EDST.

Applicant requested the conference call to discuss " Joint Intervenors Request [For] An Extension of Time" of three weeks to comment on Applicant Exhibits 11, 12 and 13 (respectively, the emergency public information brochure, the color overlay for the brochure map, and the "Special Needs Information Card" which accom-panies the brochure to be distributed to the gcneral public). A l conference call was arranged with the Staff represented by Myron Karman (in the absence of Mr. Turk), the Joint Intervenors represented 1 l

8209160531 020914 l PDR ACOCK 05000382 Q PDR

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1 SHAw, PITTMAN, PoTTs & TROW @ RIDGE A PAmTestmsMap Or poortsasONAL ComponATIONS Sheldon J. Wolfe, Esq.

September 14, 1982 Page Two by Mr. Groesch (in lieu of Mr. Fontana) and Mr. Churchill for Applicant. Judge Wolfe presided, with the Board's law clerk --

Mr. David Lewis -- in attendance with Judge Wolfe by agreement of the parties. Counsel for Applicant explained that Mr. Perry, counsel for FEMA, was out of town and therefore unavailable for the conference call. Further, despite repeated attempts, neither counsel for Applicant nor the conference call operator was able to reach Mr. Cassidy, also counsel for FEMA, whose phone was continu-ally busy. Counsel for Applicant was directed to memorialize the conference call.-

Mr. Groesch confirmed that Joint Intervenors' request for an extension of time was based on his September 9 receipt of the "Special Needs Information Card," six days before the date on which their comments on the public information brochure were due to be filed pursuant to the Board's August 17 " Memorandum and Order (Reopening The Record -- Requesting Submissions) . " Mr. Groesch stated that Joint Intervenors were circulating the public information/

education materials to three groups of experts, who wished to review the educational materials as a package. Mr. Groesch further asserted that it was physically impossible to transmit the "Special Needs Information Card" to Joint Intervenors' experts, procure the experts' comments on the brochure and the card, and serve those comments on the Board and the parties by September 15, the date established in the Board's August 17 order for the filing of Joint Inter'venors'

• comments. ..

Counsel for Applicant opposed Joint Intervenors' request for an extension of time. Counsel for Applicant explained that Applicant had provided the brochure itself to the parties by express service on August 19 -- only two days after the Board's order and the conference call, with the color overlay served on August 20. Counsel for Applicant further explained that the "Special Needs Information Card" was also served by express service the very day it became available. Nevertheless, counsel for Applicant pointed out that the "Special Needs Informati.on Card" is not part of the Waterford 3 emergency public information/ education materials, but rather is designed to elicit information for the use of the emergency planners only.

Judge Wolfe inquired whether Applicant Exhibit 13 (the "Special Needs Information Card") could be withdrawn. Counsel for Applicant stated that Applicant was willing to do so. Counsel for the Staff noted that he had great difficulty perceiving why the submittal of the card should necessitate a three week extension of time. Staff counsel was unable to comment on the withdrawal of Applicant Exhibit 13. In response to Judge Wolfe's inquiry, Mr.

Groesch agreed that Joint Intervenors' request for an extension of time would be mooted by the withdrawal of Applicant Exhibit 13.

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SHAw, PITTMAN, PoTTs & TROW 2 RIDGE A PANTNEM$Mip OF pmOFESSIONAL CORPORATIONS Sheldon J. Wolfe, Esq.

September 14', 1982 Page Three Judge Wolfe stated that the Board's August 17 order contemplated submittal of the brochure alone (which refers to the "Special Needs Information Card"). Judge Wolfe further agreed with counsel for Applicant that the "Special Needs Infor-mation Card" is intended for the use of the emergency planners, and is not part of the public information/ education materials.

Finally, Judge Wolfe ruled that Applicant was not required by the August 17 order to submit the "Special Needs Information Card" for the review of the Board and the parties.

Counsel for Applicant formally withdrew Applicant Exhibit 13. Judge Wolfe thereupon ruled that Joint Intervenors' request for an extension of time was mooted and, accordingly, was denied. Judge Wolfe further directed counsel for Applicant to contact counsel for FEMA to inform him of the substance of the conference call and the Board's ruling.

Respectfully submitted,,

SHAW, PITTMAN, POTTS & TROWBRIDGE By n an ASAl0$

W uce W'. Churchill -

Counsel for Applicant cc: Service List

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V o

UNITED STATES OF AFJ.'RICA NUCLEAR REGULATORY COMB 1ISSION Before the Atomic Safetv and Licensine Board In the Matter of '

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. . .)

LOUISIANA ?OWER & LIGBT. COMPANY )

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Docket No. 50-382 .

(Waterford Steam Electric Station, )

Unit 3) ) .

SERVICE LIST Sheldon J. Wolfe, Esquire . Spence W. Perry, Esquire Administrative Judge ,

Federal Emergency Management Chairman, Atomic Safety and Agency Licensing Board Panel Office of General Counsel U.S. Nuclear Regulatory ,

5 00 C Street, S .W. , Room 8 4 0 Commission Washington, DC 20472

,. Washington, D.C. 205'55 Dr. Barry Foreman .' 2257. Bayou Road Administrative Judge ( New Orleans, LA 70119 Director, Center for .

Population Studies .

Luke B. Fontana, Esquire Box 395, Mayo -

824 Esplanade Avenue -

University of Minnesota New Orleans, LA ' 70116 Minneapolis, MN 55455 . .

Atomic Safety and Licensing Dr. Walter H. Jordan Board Panel.

Administrative Judge U.S. Nuclear Regulatory 881 West Guter Drive Commission

Oak Ridge, TN 37830 Washington, D.C. 20555 Sherwin E. Turk, Esquire s Atomic Safety and Licensing Office of the Executive Appeal Board Panel i Legal Director U.S. Nuclear Regulatory i U .'S . Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, D.C. 20555 Docketing and Service Section Brian Cassidy, Esquire Office of th'e Secretary Federal Emergency Management U.S. Nuclear Regula cry Acencv Commission Region i Washington, DC 20555 442 J. W. McCormack Sc'ston, MA 02109 '

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