Proposed Schedule for Evidentiary Hearings,Motions for Litigable Issues Re Issue 3,motions for Summary Disposition & Last Prehearing Conference.Certificate of Svc EnclML20064P074 |
Person / Time |
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Site: |
Perry ![FirstEnergy icon.png](/w/images/a/ad/FirstEnergy_icon.png) |
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Issue date: |
09/07/1982 |
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From: |
Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
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To: |
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References |
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NUDOCS 8209130095 |
Download: ML20064P074 (4) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212J1581999-09-30030 September 1999 Order Approving Transfer of License & Conforming Agreement. 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W/Certificate of Svc & Svc List ML20093N9491995-10-23023 October 1995 Licensee Request for Extension of Time to File Petition for Review.* Requests That Commission Grant Extension Until 951107 of Deadline for Filing Petition for Review. W/Certificate of Svc ML20065L3571994-04-0505 April 1994 Intervenors Answer to NRC Staff Response to Intervenors Motion for Summary Disposition & Licensees Cross Motion for Summary Disposition.* Urges Board to Deny Licensee Cross Motion.W/Certificate of Svc ML20064N6341994-03-21021 March 1994 Affidavit of RW Schrauder in Support of Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition.W/Certificate of Svc ML20064N6081994-03-21021 March 1994 Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition.* Moves for Decision in Licensee Favor on Ocre Contention ML20064N9201994-03-21021 March 1994 Affidavit of RW Schrauder in Support of Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition. W/Svc List ML20063L4621994-02-0707 February 1994 Motion for Summary Disposition.* Intervenors Request That Board Grant Summary Disposition Favorably & Issue Declaratory Relief by Finding Challenged Portion of Amend 45 to Be in Violation of Aea.W/Certificate of Svc ML20058P4451993-12-13013 December 1993 Licensee Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Supplemental Petition for Leave to Intervene.* W/Certificate of Svc ML20059L9391993-11-12012 November 1993 Petitioners Supplemental Petition for Leave to Intervene.* Court Held That NRC May Not Eliminate Public Participation on Matl Issue in Interest of Making Process More Efficient. W/Certificate of Svc ML20059B1421993-10-19019 October 1993 Order.* Petitioners Shall File Supplemental Petition in Accordance W/Schedule in 931018 Order.W/Certificate of Svc. 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Certificate of Svc Encl ML20126D5461992-12-23023 December 1992 Answer of Cleveland Electric Illuminating Co & Toledo Edison Co to Limited Petition for Review of City of Cleveland,Oh of 921118 Decision of Aslb.* Commission Should Deny City of Cleveland Petition.W/Certificate of Svc ML20126D5781992-12-23023 December 1992 Answer of American Municipal Power-OH,Inc in Opposition to Petitions for Review of Oh Edison Co & Cleveland Electric Illuminating Co/Toledo Edison Co.* W/Certificate of Svc ML20126D5801992-12-23023 December 1992 NRC Staff Answer in Response to Petitions for Review Filed by Oh Edison Co,Cleveland Electric Illuminating Co,Toledo Edison Co & City of Cleveland.* W/Certificate of Svc 1999-09-30
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20155F4561998-08-26026 August 1998 Demand for Info Re False Info Allegedly Provided by Wh Clark to Two NRC Licensees.Nrc Considering Whether Individual Should Be Prohibited from Working in NRC-licensed Activities for Period of 5 Yrs ML20198P9311997-11-0707 November 1997 Comments of American Municipal Power-Ohio,Inc.NRC Should Require Allegheny Power Sys,Inc to Affirm That Capco Antitrust License Conditions Will Be Followed ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20133B6941996-12-18018 December 1996 Submits Ordinance 850-96 Re Approval of Merger of Centerior & Oh Edison Into Firstenergy ML20132A8461996-12-0202 December 1996 Resolution 20-1996 Supporting Merger of Ohio Edison & Centerior Corp Under New Holding Company Called Firstenergy ML20134M6191996-10-28028 October 1996 Proclamation of Support by City of Sandusky,Oh Re Merger of Ohio Edison and Centerior Energy Corp ML20108D9571996-05-0303 May 1996 CEI Response to City of Cleveland 2.206 Petition.Nrc Should Deny Petition ML20097B8911996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement or in Alternative,For Severance of Issue & Expedited Hearing Procedures ML20094N1951995-11-17017 November 1995 Oh Edison Application for License Transfer in Connection W/ Sale & Related Transactions ML20114A8841992-08-17017 August 1992 Designation of City of Brook Park,Oh of Adopted Portions of Summary Disposition Pleadings.* Brook Park Not Advancing Any Addl Argument or Analysis in Connection W/Designation,Per 920806 Memorandum & Order.W/Certificate of Svc ML20101E5241992-06-15015 June 1992 Notice of Appearance on Behalf of City of Brook Park,Oh.* Listed Counsel Entering Appearance on Behalf of City of Brook Park,Oh in Facility Proceeding ML20091E2431992-04-0202 April 1992 Notice of Appeal.* Appeals Decision of ASLB in Proceeding LBP-92-04 ML20085K7131991-10-23023 October 1991 Notice of Appeal.* Notice Served Due to Board Error in Granting Hearing on Applications for Suspension of Antitrust License Conditions ML20085K8371991-10-0101 October 1991 Notice of Appearance.* Informs of Entrance Into Proceeding. 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[Table view] |
Text
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dNITED STATES OF AMERICA -
NUCLEAR REGULATORY COMNISSION 00cgk0 USH Before the Atomic Safety and Licensing Board ,,
In the Matter of ) SEP -p gjj;
) l CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 e se COMPANY, Et A1. ) 50-441 $$ cry 3 3 pre (Operating License) "
- Clf #I
)
(Perry Nuclear Power Plant, )
Units 1 and 2) )
)
\
0CRE'S PROPOSED SCHEDULE FOR EVIDENTIARY HEARINGS AND RELATED MATTERS Pursuant to the Licensing Board's ruling during the August 13, 1982' conference call, Ohio Citizens for Responsible Energy
("0CRE") hereby submits its proposed schedules for evidentiary hearings, motions for litigable issues concerning Issue #3, motions for summary disposition, and a possible last pre-hearing conference. OCRE would note that this schedule is tentative and subject to change and is principally subject to 1;he Commission's determination on OCRE's request for the suspension of the safety-related portions of this proceeding pending the disposition of OCRE's Petition ~for Rulemaking on Electromagnetic Pulse (PRM-(
50-32, 47 FR 27371, June 24, 1982).
During the August 13 conference call, Applicants suggested Decemberzl,,1982 as a date for beginning hearings. OCRE believes this is unacceptable for the following reasons:
l (a) Applicant,s and NRC Staff have taken several months to respond to discovery requests of intervenors. Since discovery will not close unti1 ' September 30 and October 15, a December 1982 hearing date will not permit sufficient time 8209130095 820907 PDR ADOCK 05000440
\ . . _ . _ __ _ _
~2-for parties to respond to discovery requests and appropriately eva'luat,e these responses before the hearing. OCRE anticipates
~
. that substantial discovery has. yet to be filed.
(b) Issue #6 cannot possibly be the subject of a-December 1982 hearing. In thrir first supplement to the SER, the Staff states that Applicants have modified the PNPP SLCS design and
~
that Applicants will not be able to supply details of the new design until December 1982 (Section 9.3.4 of SSER 1 of NUREG-0887). It is likely that similar contingencies will arise with respect to the other issues as well.
OCRE believes that there is no need to rush evidentiary hearings, especially since Applicants have requested an extension of the c~ompletion dates of PNPP (see Attachment 2 to " Ohio Citizens for Responsible Energy Motion for Leave to File its Contentions 21 through 26," dated August 18, 1982). OCRE therefore proposes the following schedule:
- 1. Evidentiary Hearings; tentatively to begin in May 1983.
Since the length of the hearings is dependent on the number of issues considered, the number of witnesses called, and the extent of cross-examination of witnesses, it is not possible at this time to be more specific concerning a hearing ~ schedule. OCRE suggests that it is preferable to wait at least until all answers to discovery have been filed before considering a hearing schedule in more detail.
- 2. Last Pre-Hearing Conference: 10 CFR 2.752 requires that the last pre-hearing conference be held within 60 days after the com-pletion of discovery. OCRE interprets the compl'etion of discovery
as the time at which all responses to discovery requests have been filed. Based on the reasons listed previously, OCRE would estimate early April 1983 as an approximate target date for this i
pre-hearing conference.
- 3. Motion for Litigable Issues on Issue #3: The Board has requested that parties set dates for submitting motions on litigable issues concerning the QA contention. Since this is to be based on information obtained during discovery, OCRE suggests that late March 1983 is an appropriate time to file such motions. Resolution of this matter can be pursued at the last pre-hearing conference.
it is likely that additional Due to the nature of this issue, QA concerns will become known after the close of discovery.
OCRE respectfully suggests that the Licensing Board set guide-e.g., whether lines on how such circumstances are to be handled, a specific new contention should be filed, or whether discovery is to be re-opened on Issue #3 pertaining to the new concerns.
4.
Motions for Summary Disposition: OCRE suggests that motions l
for summary disposition be filed no later than 15 days prior to the start of the evidentiary hearing.
Respectfully submitted, f
lw W YL Susan L. Hiatt OCRE Representative 8275 Munson Rd.
Mentor, OH 44060 l
(216) 255-3158 l
o
DOCHETED USNRC CERTIFICATE OF SERVICE .
This is to certify that copies of the okokn[b&'S PROPOSED were servedSCHEDULE FOR by deposit in the EVIDENTIARY U.S. Mail, fittstEIEARINGS gl.ayjgjpostage AND RELATED prepaid, this 7th day of September,.1982 tg0Mioie edANCH lotERthe service list below, A $N- __
Susan L. Hiatt i
' SERVICE LIST Peter B. Bloch, Chairman Daniel D. Wilt, Esq.
Atomic Safety and Licensing Board P.O. Bo'x 08.159 U.S. Nuclear Regulatory Comm'n Cleveland, OH 44108 Washington, D.C. 20555 Dr. Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commin Was hington, D. C. 20555 Frederick J. Shon Atomic Safety and Licensing Board U.S. Nuclear. Regulatory Comm'n Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Stephen H. Lewis, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Jay S11 berg, Esq.
1800 M Street, N.W.
Washington, D.C. 20036 Atomic Safety and Licensing Appeal Board Panel U.S. Nuc1 cur Regulatory Commission Washington, D.C. 20555
_