ML20063N783

Memorializes 821001 Telcon W/Nrc,Util,Joint Intervenors & Aslb.Nrc & Applicant to File Responses to Joint Intervenors Motions by 821006.Svc List Encl

ML20063N783
Person / Time
Site:	Waterford
Issue date:	10/04/1982
From:	Ridgway D LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Wolfe S Atomic Safety and Licensing Board Panel
References
NUDOCS 8210070197
Download: ML20063N783 (5)

Text

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.. A .M C. ANN WstlTER S OtmECT 04AL NUMSER (202) 822-1227 October 4, 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

Dear Judge Wolfe:

This letter will serve as minutes of the conference call convened in the above referenced proceeding on October 1, 1982, at 4:00 p.m. EDST.

Counsel for the NRC Staff requested the conference call to discuss an extension of time to October 8 for the filing of its response to Joint Intervenors' " Request For The Production of Documents" and " Motion To Dismiss For Failure To Make Discovery."

A conference call was arranged with the Staff represented by Mr. Turk, the Joint Intervenors represented by Mr. Groesch, and Mr. Blake and Ms. Ridgway for Applicant. Judge Wolfe presided; Judges Foreman and Jordan were unavailable for the conference call.

Counsel for Applicant was directed to memorialize the conference call.

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A PARTMEIISMIP OF PROFESS 40NAL CORPORATIONS Sheldon J. Wolfe, Esq.

October 4, 1982 Page Two Mr. Groesch initially confirmed that the " Request For The Production of Documents" and " Motion To Dismiss For Failure To Make Discovery" are directed to the NRC Staff and FEMA, as well as Applicant. Counsel for the Staff explained that he was prepared to file a response to Joint Intervenors' " Motion To Dis-allow The Introducticn of A Second Evacuation Brochure"*/ on October 4, in accordance with the Board's instructions to the parties in the September 28 conference call. However, Joint Intervenors had not indicated in the September 28 conference call that they would be filing the two additional papers as well, and Staff counsel would be unable to respond to those papers by October 4.

Judge Wolfe inquired why the Joint Intervenors had not mentioned the two additional papers in the September 28 conference call. Mr. Groesch explained that the Joint Intervenors had been concerned for some time that they were not receiving certain infor-mation, and were reading of events and announcements in the newspaper

. as to which they believe they should have received prior notice.

However, Joint Intervenors had not originally planned to file any papers on that point with their " Motion To Disallow The Introduction of A Second Evacuation Brochure." But, after the September 28 conferenc.e call, Joint Intervenors decided to " hurry up" the two additional papers so that they could be included with the " Motion To Disallow The Introduction of A Second Evacuation Brochure,"

rather than making two separate filings.

Judge Wolfe inquired whether Applicant was prepared to file its response to the two additional papers on October 4. Mr. Blake stated that Applicant was prepared to do so, and explained that Applicant's primary concern was maintaining the conference call set for October 7 or 8, so that the Board and the parties would he free to move on to ruling on Applicant's request that a schedule be set for hearing on the pending brochure issue. Mr. Blake further explained that, under the circumstances, Applicant must consider the brochure issue the " pacing item" for licensing; that is, Applicant

• / The full title is " Motion To Disallow The Introduction of A Second Evacuation Brochure, Grant Judgment In The First Evacuation Brochure, Include Unverified Parts of The Evacuation Plan as Part of.Any New Hearings, and Allow New Evidence To Be Presented On Synergism and Evacuation Contentions."

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SHAW, PITTMAN, Porrs & TROWBRIDGE A PARTNERSHIP OF PROFESSIONAL CORPORAflONS Sheldon J. Wolfe, Esq.

October 4, 1982 Page Three has an urgent need for an Initial Decision on the broad variety of issues now before the Board, so that Applicant may proceed with training of personnel, and may meet any conditions imposed by the Board. Thus, to the extent the Board rules that the decision on all other issues must await the resolution of the pending brochure issue, Applicant has a great stake in the expeditious resolution of the brochure issue. j Judge Wolfe stated that he crpected Applicant and the Staff to provide in their responses to Joint Intervenors' filings their views on the applicability of Vermont Xankee Nuclear Power Corp. (Vermont Yankee Nuclear Power Station) , ALAB-l?9. 7 A.E.C. 159 (1974) and Carolina Power & Light Co. (Shearon Harris Nuclear Power Plant, Units 1, 2, 3& 4), ALAB-184, 7 A.E.C. 229, 237 at n.9 (1974), which discuss the service of Staff-Applicant correspondence on intervenors. Counsel for the Staff noted that to the best of his knowledge all Staff to Applicant correspondence relating to contentions in this proceeding has been served on the parties to

, the proceeding; moreover, all correspondence (Applicant to Staff as well as Staff to Applicant) has gone to the local Public Document Room. Staff Counsel committed to verify the past service practices.

Judge Wolfe observed that, since Joint Intervenors had not mentioned the two additional papers in the September 28

. conference call, responses to those papers would not be required on Monday, October 4. Nevertheless, Judge Wolfe noted that it was not a date for the actual production of documents being discussed, but only a' response to a motion. Accordingly, Judge Wolfe directed that Applicant and Staff file their responses to Joint Intervenors'

" Request For Production of Documents" and " Motion To Dismiss For Failure To Make Discovery" on Wednesday, October 6, by personal service on Judge Wolfe by 4:00 p.m., and by Express Mail to Mr. Groesch and Judges Foreman and Jordan. If either Staff or Applicant determine that they need an extension to Friday, October 8, they need only file a brief written motion shcwing good cause, and it would be granted. However, such an extension would delay the conference call scheduled for October 7 or 8.

Judge Wolfe explained that the Board will review the responses of Staff and Applicant and will confer among themselves-t

f' SHAw, PITTMAN, PoTTs & TROWBRIDGE A PART8dERSMep OF PROFES$40NAL CompORATIONS Sheldon J. Wolfe, Esq.

October 4, 1982 Page Four as to whether the Board can conduct a conference call on October 7 or 8; the Board might determine that it would be necessary to set the call over for October 12 or 13.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By bb5 s_M k DelissY n. 'Ri(dgw$

r 'l Counsel for Applicant cc: Service List l

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O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of '

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. . 3 LOUISIANA POWER & LIGHT. COMPANY )

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Docket No. 50-382 .

(Waterford Steam Electric Station, )

Unit 3) )

. SERVICS LIST SheldonJ.Wolhe, 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 *'

500 C Street, S.W., Room 840 Commission Washington, DC 20472 Washington, D.C. 20555 Mr. Gary Groesch Dr. Harry Foreman , 2257 Bayou Road Administrative Judge e New Orleans, LA 70119 Director, Center for .

Population Studies .

Luke B. Fontana, Esquire Box 395, Mayo 824 Esplanade Avanne 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 Outer Drive Commission Oak Ridge, TN 37830 Washington, D.C. 20555 Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of the Executive Appeal Board Panel Legal Director U.S. Nuclear Regulatory U .' S . Nuclear Regulatory Commission Commission Washington,'DC 20555 Washington, D.C. 20555 Docketing ind Service Section Brian Cassidy, Esquire Office of the Secretary Federal Emergency Management U.S. Nuclear Regulatory Agency Commission _.

Region I Washington, DC 20555 442 J. W. McCormack B o's t o n , MA 02109 .

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