ML20067C514

Memorializes 821012 Telcon W/Aslb,Applicant,Joint Intervenors,Nrc & FEMA Re ASLB Rulings on Applicant 820923 Filing & Joint Intervenor 820929 Motions.Svc List Encl

ML20067C514
Person / Time
Site:	Waterford
Issue date:	12/07/1982
From:	Churchill B LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Foreman H, Jordan W, Wolfe S Atomic Safety and Licensing Board Panel
References
NUDOCS 8212100098
Download: ML20067C514 (5)

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P DOCKETED SHAw, PITTMAN, PoTTs & TROWBRIDGE Uw A PARTNER $Mep OF PROFESSIONAL CORPORATIONS 1800 M STRE ET, N. W.

WASHINGTON. D. C. 20036

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9807 AD etTTED wRirER S DIRECT OtAL NUMBER December 7, 1982 822-1051 Sheldon J. Wolfe, Esquire Dr. Harry Foreman Administrative Judge Administrative Judge Chairman, Atomic Safety and Director, Center for Popu-Licensing Board lation Studies U.S. Nuclear Regulatory Box 395, Mayo Commission University of Minnesota Washington, D.C. 20555 Minneapolis, MN 55455 Dr. Walter H. Jordan Administrative Judge 881 West Outer Drive Oak Ridge, TN 37830 In the Matter of Louisiana Power & Light Company (Waterford Steam Electric Station, Unit 3)

Docket No. 50-382

Dear Chairman Wolfe and Drs. Foreman and Jordan:

As requested by the Licensing Board, this letter will report on the telephone conference call on October 12, 1982, with the Licensing Board and the parties. Participants were Judges Wolfe, Foreman and Jordan; Messrs. Churchill and Blake and Ms. Ridgway for Applicant; Messrs. Groesch and Fontana for Joint Intervenors; Mr. Turk for the NRC Staff; and Mr. Cassidy for FEMA.

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A PART9eERSMsp OF PROFESSIONAL ComPORATIONS Chairman Wolfe and Drs. Foreman and Jordan December 7, 1982 Page Two This report is based upon a tape of the conference call recorden Nv Mr. Groesch which Applicant's counsel received last wee- Because of poor connections, much of the dialogue was not . elligible on the tapes.

73e purpose of the call was for the Board to announce its rulings on (1) Applicant's filing of September 23, 1982, which the Board treated as a motion to withdraw the draft public in-formation brochure submitted on August 19, 1982; to schedule a hearing on the limited issue of the revised brochure; and to request the issuance of a partial initial decision on all issues except the brochure (hereinaf ter " Motion") ; (2) Joint Inter-venors' September 29, 1982 motion regarding Applicant's public information brochure and the introduction of additional evidence relating to the emergency plans and the synergism issue (here-inafter " Cross-Motion"); (3) Joint Intervenors' Saptember 29, 1982 Motion to Dismiss for Failure to Make Discovery; and (4)

Joint Intervenors' September 29, 1982 Motion for the Production and Copying of Documents.

The parties were allowed to make comments or arguments before the rulings were made. The rulings were subsequently confirmed in the Board's Memorandum and Order (Re Applicant's Response (Motion) of September 23, 1982, and Joint Intervenors' Motion (Cross-Motion) of September 29, 1982), and Memorandum and Order (Re Joint Intervenors' Motion to Dismiss For Failure to Make Discovery, and Joint Intervenors' Request for the Production and Copying of Documents), both dated October 18, 1982.

Mr. Groesch argued against Applicant's request for the is-suance of a partial iaitial decision on synergism, mentioning a new study (unidentified) about a petroprocessing plant 60 to 70 miles from the Waterford plant, and an Exxon Corporation study (unidentified) showing increased levels of infant mortality around the petroleum refineries in the Baton Rouge area. Mr. Groesch also maintained that a partial initial decision on synergism should not issue until the D.C. Court of Appeals' decision on Table S-3 is" litigated out totally."

With respect to a partial initial decision on emergency plan-ning, Mr. Groesch argued that, because the public information brochure was in the process of being rewritten to a lower educa-tional level, documents relating to other areas of emergency planning should be examined by Joint Intervenors to find "the gross inadequacies that the Joint Intervenors find with the bro-chure." (The " gross inadequacies" were not identified. )

e SHAW, PITTMAN, Porrs & TROWBRIDGE A PARTNCRSHIP OF PROFESSsONAL CORPORATIONS Chairman Wolfe and Drs. Foreman and Jordan December 7, 1982 Page Three With respect t'o Joint Intervenors' Cross-Motion, Mr.

Groesch argued that he should be allowed to present testimony on emergency planning by a new witness who was not presented or identified during the hearings to rebut the supplemental testimony of Ronald Perry. He also argued that the evacua-tion exercises had been postponed, and the hearing should be reopened after the exercises were held.

Mr. Churchill responded briefly to Mr. Goresch's comments, stating that Joint Intervenors had not shown good cause for reopening any other aspects of the hearing, and that a partial initial decision could be issued, consistent with NRC practice, on the aspects of the hearing for which the record was closed.

He stated that the Table S-3 decision had not been mentioned in any of Joint Intervenors' motions under consideration at that time, and that the decision was not germane to the syner-gism issue. Messrs. Turk and Cassidy rested on their pleadings and did not comment.

The Board announced its rulings on the Motion and the Cross-Motion, which were later presented as Items 1.a-b, f and 2 in the Board's October 18, 1982 Memorandum and Order.

During the course of the discussions on Joint Intervenors' two motions related to discovery, the Board inquired extensive-ly of Applicant and the Staff as to what correspondence was in the public document room and what correspondence was served directly on Joint Intervenors. It was ascertained that, both ,

before and after the close of the hearing in May 1982, all correspondence among Applicant, the NRC Staff and FEMA was placed in the NRC public document room, including the local public document room in New Orleans, except for correspondence from Applicant to FEMA and internal correspondence between the NRC Staff and FEMA. Applicant did not routinely serve Joint Intervenors with all such Applicant-originated correspondence, but selectively served all relevant correspondence on Joint Intervenors. The NRC Staff routinely served all Staff-originated correspondence to Applicant on Joint Intervenors.

The Board then announced its ruling, as is stated at pages 8-9 of its October 18, 1982 Memorandum and Order regarding Joint Intervenors' discovery motions. There was considerable dis-cussion as to whether internal correspondence between the NRC Staff and FEMA was appropriately encompassed by the Board's

r SHAw, PirrMAN, PoTTs & TROWBRIDGE A PARTNCRSHip Or pmOFEsseObsAL CORPORATIONS Chairman Wolfe and Drs. Foreman and Jordan December 7, 1982 Page Four ruling. The NRC Staff will inform the Board if it believes that any such documents should not be made available to intervenors.

The Board considered Applicant's request for the fol-lowing hearing schedule:

I Applicant submits revised brochure - 10/15/82 All parties submit testimony - 11/1/82 Hearing begins - 11/15/82 Mr. Groesch argued that a hearing schedule should not be established until Joint Intervenors received any new documents pursuant to the Board's ruling on the discovery motions. How-ever, the ensuing comments of Messrs. Churchill, Turk and Cassidy indicated that it was unlikely that there was any sig-nificant correspondence relating to the public information brochure which was not already in Mr. Groesch's possession or available to him. Mr. Groesch indicated his intent to appeal the Board's rulings, and asked that the hearings not be sche-duled until the Commission ruled on his appeal. His request was not granted. Mr. Groesch also requested a period of 45 days between submittal of the brochure and the filing of testi-mony. This was granted, and following further discussions among the Board members and the parties, the following schedule was established:

Applicant submits revised brochure - 11/12/82 All parties submit testimony - 12/27/82 Hearing begins - 1/11/83.

Respectfully submitted, s

[

0 ,V Bruce W. Churchill Counsel for Applicant BWC/tjc cc: Service List

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 Esplanade Avenue Washington, D.C. 20555 New Orleans, LA 70116 l Dr. Harry Foreman Atomic Safety and Licensing

" Administrative Judge Board Panel Director, Center for U.S. Nuclear Regulatory i 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 l Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission l Washington, D.C. 20555 Spence W. Perry, Esquire Federal Emergency Management Brian Cassidy, Esquire Agency Federal Emergency Management Offi.ce of GGneral Counsel l Agency 500 C Street, S.W., Room 840 i

Region I Washington, D.C. 20472 422 J. W. McCormack Boston, MA 03109 i

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