ML20070C972
| ML20070C972 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 12/10/1982 |
| From: | Horin W, Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8212140409 | |
| Download: ML20070C972 (4) | |
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Decemberlg 982 Ofg.
UNITED STATES OF AMERICA
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$1 NUCLEAR REGULATORY COMMISSION y
BEFORE THE ATOMIC SAFETY AND LICENSING BO f
In the Matter of
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TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445 and COMPANY, _et _al.
)
50-446 (Comanche Peak Steam Electric
)
(Application for Station, Units 1 and 2,)
)
Operating Licenses)
APPLICANTS' MOTION FOR RECONSIDERATION OF BCMD ORDER Texas Utilities Generating Co.,
et al.
(" Applicants"),. hereby move the Atomic Safety and Licensing Board
(" Board") in the above captioned proceeding to reconsider its December 7, 1982, Order establishing a schedule for simultaneous filing of proposed findings of fact.
For the reasons set forth below, Applicants urge the Board to provide Applicants the opportunity to file a reply to the proposed findings of the other parties.
APPLICANTS' MOTION FOR RECONSIDERATION On December 7, 1982, the Board issued an Order in which it I
directed, f.nter alia, that all parties file proposed findings of l
fact based on the present record, covering all controverted issues in this proceeding.
Order at 4.
The Board directed that all parties are to file simultaneously provisional proposed findings f
to be in the hands of the Board by January 14, 1983 Id,.
The 1
Board indicated that "if subsequent evidence is admitted... such K05hoh
w e.
f provisional findings may be supplemented or modified."
Id.
The order did not provide for Applicants to reply to proposed findings.
Applicants support the Board's call for the filing of proposed findings at this time.
However, Applicants request that the Board revise the schedule for filing to provide Applicants the opportunity to file reply proposed findings. Applicants bear the ultimate burden of proof in this proceeding.
10 C.F.R.
$ 2.7 32.
As the party with the burden of proof, Applicants should be afforded the opportunity to reply to proposed findings submitted by other parties.
10 C.F.R. $ 2.754(a) (3).
Of course, we recognize that the Chairman may establish provisions for the filing of proposed findings that differ from those prescribed in 10 C.F.R. $ 2.754.
However, we submit that the Chairman should adhere in this instar.ce to the provision permitting Applicants'to file reply proposed findings.
10 C.F.R.
$ 2.754(a) (3).
The record in this proceeding is voluminous, involving over 5000 pages of testimony and 1000 exhibits, all relating to various facets of quality assurance / quality control and emergency planning.
Intervonor CASE has raised numerous matters in these areas, and hundreds of CASE's documents have been received into evidence without identification by CASE as to their intended purposa.
It would be unfair and prejudicial ~to Applicants, who bear the ultimate burden of proof, to be required to anticipate and address each of those matters in proposed findingo.
A
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3-d The better course would be to adopt the following proposed schedule:
January 14, 1983 - All parties file proposed findings.
January 21, 1983 - Applicants file reply proposed findings.
Accordingly, Applicants move the Board to reconsider its Order and to provide Applicants an opportunity to reply to the proposed findings of the other parties, in accordance with 10 C.F.R. 2.754 (a) ( 3).
Respecgfulysubmitted, i
Nichol s js. Reynolds
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William A.
Horin DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9817 Counsel for Applicants December 10, 1982
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' David J.
Preister, Esq.
Mr. Scott W.
Stucky Assistant Attorney General Docketing & Service Branch Environmental Protection U.S.
Nuclear Regulatory Division Commission P.O.
Box 12548 Washington, D.C.
20555 Capitol Station Austin, Texas 78711 Mrs. Juanita Ellis President, CASE 1426 South Polk Street Dallas, Texas 75224 1
).kn a
William A.
Horin cc:
Homer C.
Schmidt Spencer C.
Relyea, Esq.
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