ML20065M718

Memorializes 821013 Conference Call W/Joint Intervenors Re Procedures for Appealing ASLB Actions.Svc List Encl

ML20065M718
Person / Time
Site:	Waterford
Issue date:	10/18/1982
From:	Ridgway D LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Wolfe S Atomic Safety and Licensing Board Panel
References
NUDOCS 8210210372
Download: ML20065M718 (4)

Text

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SHAw, PITTMAN, PoTTs & TROWBRIDGE TfdE0 A PARTNERSHIP OF PROFES$10NAL CORPORATIONS 1800 M STR E ET. N. W.

WASHINGTON. D. C. 20036 '82 OCT 20 All:54 EAMSAY D. POTTS. P C. THOMAS A. BAxTER. P C. JOHN H. O'NEILL JR. DAVID LAWRENCE MILLER ETEUART L PITTMAN. P C. JAMES M. BURGER. P C. 12O21 822-FOOO JAY A. EPSTIEN ANNE M. MRAUSM gf C EORGE F. TRowsRIDGE. P C, SHELDON J. WEISEL P C. RAND L ALLEN FREDERICM L MLEIM _

ETEPHEN D. POTTS. P C. JOHN A. McCULLOUGH. P C. - TIMOTHY m. McSAIDE GORDON RL.MA40FSmvlCE 4 ERALD CHARWF. P C. J. PATRICM MICKEY. P C. ELISABETH M. PENDLETON JEFFREY S g elamrCOLA FMILLIP D. SOSTWICM. P C. GEORGE P. MICHAELY JR.. P C. TELECOPtER PAUL A. MA.*LAN HANNAM E. II(.'l}C9ERMAN R TIMOTHY HANLON, P C. J. THOMAS LENHART. P C. MARRY H. GLASSPIEG SANDRA E. FOLSOM GEORGE M. ROGERS. JR., P.C. STEVEN L MELTZER. PC. 12021822-#O99 (s 82bt199 THOMAS H. McCORMICM MARCIA R. NIRENSTEIN FtidD A. LITTLE P C. DEAN D. AULICM. P C. - WILLIAM P. SARR JUDITH A. SANDLER JOHN S. RHINELANDER. P C. JOHN ENGEL. P C. SUSAN M. FREUND EDWARD D. YOUNG. til DAUCE W. CHURCHILL P C. CHARLES a. TEMMIN. P C. TELEX JOHN L CARR. JR. ROBERT L WILLMORE LEILIE A. NICHOLSON, JR. P C. STEPHEN 3. HUTTLER. P C. PHILIP J. HARVEY WENDELIN A. WHITE MAhTIN D. MRALL P C. WINTHROP N. BROWN. P C. 89-2693 ISMAwLAW WSHI ROSERT M. GORDON STANLEY M. BARG RICHARD J. MENDALL P C. JAMES 8. HAMLIN. P C. CAggg agwAwtAw'. SARGARA J. MORGEN MRISTt L LIMBO J AY E. SILBERO. P C. RANDAL S. MELL P C. BONNIE S. GOTTLIEB LESLit M. SMITH C##CARA M. ROSSOTTI. P C. ROBERT E. ZAHLER - HowARD H. SHAFFERMAN VIRGINIA S. RUTLEDGE GEORGE V. ALLEN. JR. P C. RICHARD E. GALEN DEBORAH S.SAUSER MATHERINE P. CHEEM FAED ORASNER. P C. ROBERT S. ROSSINS WRITER'S DIRECT DIAL NUMBER SCOTT A. ANENBERG JANICE LEHRER-STEIN R. MENLY WEBSTER. P C. STEVEN M. LUCAS CAMDBELL MILLEFER TRAvlS T. SROWN. JR.

NATHANIEL P SRE ED. JR., P C. DAVID M. RUEENSTEIN MAKM AUGENBLICM. P C.

Ek. NEAT L BLAME JR., P C.

LYNN WHITTLESEY WILSON (202) 822-1051 == + Hom^='^~

SHEILA McC. HARVEY o^ <. cuaRev RICHARD H. MMONTHAL MATIAS F. TRAVIESO-DIAZ DELISSA A. RIDGwAY STEPHEN S. HEIMANN CARLETON S. JONES. P C. VICTORIA J. PERMINS MENNETH J. MAUTMAN October 18, 1982 Sheldon J. Wolfe, Esq.

Administrative Judge Chairman, Atomic Safety and Licensing Board 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 13, 1982, at 3:20 p.m. EDST.

Chairman Wolfe convened the conference call to amplify and clarify the discussion of the Board and the parties on October 12, 1982, with respect to the procedures for the appeal of licensing board action. The Staff was represented on the call.by Mr. Treby (in Mr. Turk's absence), the Joint Intervenors were represented by Mr. Groesch, and Mr. Churchill and Ms. Ridgway represented Applicant. Counsel for Applicant was directed to memorialize the October 13 conference call. */ _

_ */ The Board and the parties also discussed the procedure for memorializing the October 12 conference call. Although (continued next page) 7'"

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SHAW, PITTMAN PoTTs & TROWBRIDGE A pamTNEWSHep OF pmOFESSIONAL CommonATIONS Sheldon J. Wolfe, Esq. -

Page Two October 18, 1982 Judge Wolfe initially explained that he had reflected overnight on the Board's comments, in the course of the October 12 conference call, in response to Mr. Groesch's re-marks concerning a stay of certain of the Board's rulings.

Judge Wolfe directed the parties' attention to 10 C.F.R.

S 2.788, " Stays of decisions of presiding officers and Atomic Safety and Licensing Appeal Boards pending review," then noted that the Board's October 12 rulings would appear to be "a de-cision or action" by the Licensing Board, and thus would appear to come within S 2.788.

In response to the Board's request for comments, Mr. Churchill stated that he had never considered S 2.788 in the instant procedural context, since a S 2.788 stay is by definition a stay pending appeal. Mr. Churchill observed that 10 C.F.R. S 2.730 (f) prohibits interlocutory appeals, and expressed his helief that an appeal taken from the Board's October 12 rulings would be an interlocutory appeal. Since a successft31 applicant for a stay must show "that it is likely to prevaL1 on the merits" in its appeal, see 10 C.F.R. S 2.788 (f) ,

and sincd an iptprlocutory appeal is unlikely to be successful, Mr. Churdhill said he did not believe that an application for a stay would be appropriate in the instant circumstances, though he could not say that S 2.788 was inapplicable.

Judge Wolfe observed that he had advised Mr. Groesch in the course of the October 12 call that he did not know whether an appeal would lie from the Board's rulings. Mr. Groesch sought clarification of his understanding that the thrust of the comments of Judge Wolfe and counsel for Applicant was that S. 2.788 was only applicable to the Appeal Board, and stated that he would appeal the Board's orders directly to the Commission. Mr. Churchill noted that any appeal would be to the Appeal Board, not the Commission.

Judge Wolfe explained that the Board will be issuing two separate Memoranda and Orders, pursuant to the October 12 conference call. He agreed with counsel for Applicant that

--*/ (footnote continued from page one)

Mr. Groesch taped that conference call, he expressed con-cern that it would be excessively burdensome for him to memorialize such a long call. Accordingly, the Board-directed Mr. Groesch to send the tape of the call to counsel for Applicant, who agreed to memorialize the October 12 call as well.

SHAw, PITTMAN, Po1Ts & TROWBRIDGE A PARTNER $Msp OF PROFESSIONAL CORPORAflONS Sheldon J. Wolfe, Esq. -

Page Three October 18, 1982 10 C.F.R. S 2.730 (f) prohibits interlocutory appeals. He noted that Mr. Groesch is free to appeal the two orders, but ruled that Mr. Groesch must await the Board's written orders before appealing the Board's decision. He further noted that the Board would not refer its rulings to the Commission.

Judge Wolfe further noted that, if Mr. Groesch decided to take an appeal, he could also elect to apply for a stay of the Board's decision. Judge Wolfe confirmed that he was only clarifying Mr. Groesch's options and procedural rights for him, not modifying the provisions of the Commission's Rules of Practice.

Judge Wolfe inquired whether an application for a stay would be filed before the Licensing Board or the Appeal Board.

Mr. Treby said that the choice is left to the applicant for the stay, though the usual practice is to file before the licensing board. Mr. Churchill agreed that the choice is left to the applicant for the stay, but also noted that filing with both the licensing board and the appeal board is prohibited. Further, Mr. Churchill stated that he did not understand that it was necessarily a preferred practice to file with the licensing board. Judge Wolfe agreed that, should Mr. Groesch elect to take an appeal, he would be free to apply to either the Licensing Board or the Appeal Board for a stay of the Board's decision.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By b - "- evss Bruc'h W. ClidrchflY) d Delissa A. Ridgway Counsel for Applicant cc: Service List J

m UNITED STATES OF AMERICA ,

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board ,

In the Matter of )

)

LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

SERVICE LIST Sheldon J. Wolfe, Esquire Mr. Gary Groesch Administrative Judge 2257 Bayou Road Chairman, Atomic Safety and New Orleans, LA 70119 Licensing Board U.S. Nuclear Regulatory Luke B. Fontana, Esquire Commission 824 Esplanada Avenue Washington, D.C. 20555 New Orleans, LA 70116 Dr. Harry Foreman Atomic Safety and Licensing Administrative Judge Board Panel Director, Center for U.S. Nuclear Regulatory Population Studies Commission Box 395, Mayo Washington, D.C. 20555 University of Minnesota Minneapolis, MN 55455 Atomic Safety and Licensing Appeal Board Panel -

Dr. Walter H. Jordan U.S. Nuclear Regulatory Administrative Judge Commission 881 West Outer Drive Washington, D.C. 20555 Oak Ridge, TN 37830 Docketing & Service Section (3)

Sherwin E. Turk, Esquire Office of the Secretary Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Spence W. Perry, Esquire Federal Emergency. Management Brian Cassidy, Esquire Agency Federal Emergency Management Offi.ce of. General Counsel Agency 500 C Street, S.W., Room 840 Region I Washington, D.C. 20472 422 J. W. McCormack Boston, MA 03109

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