ML20070N310

Motion for Mod of Schedule,Delaying Due Date for Motions for Summary Disposition Until 830530,because State Plan,Offsite Plan & SOPs Will Not Be Available Until 830415.Certificate of Svc Encl

ML20070N310
Person / Time
Site:	Callaway
Issue date:	01/21/1983
From:	Bauser D SHAW, PITTMAN, POTTS & TROWBRIDGE, UNION ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8301250472
Download: ML20070N310 (5)

Text

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.d January 21, 1983 F

UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION 'J M ,

BEFORE THE ATOMIC SAFETY AND LICENSING BOAdD 3 N N1 36 i t i

. : dVt h '

In the Matter of ) in % Dui s St.RVD '

) i M H I

UNION ELECTRIC COMPANY ) Docket No. STN 50-483 OL I )

(Callaway Plant, Unit 1) )

i APPLICANT'S MOTION FOR MODIFICATION OF SCHEDULE In a September 13,. 1982 Memorandum and Prehearing Conference Order, the Board established a schedule for the litigation of l Mr. Reed's emergency planning contentions. Several unanticipated events now cause Applicant Union Electric Company to request a substantial modificatiort in that schedule, as specified below.

During the course of a conversation between Mr. Reed and Applicant's counsel in mid-November, 1982, the possibility was l

raised of Mr. Reed and Applicant negotiating a settlement of Mr. Reed's contentions. Applicant's counsel actively pursued this and in a follow-up phone conversation with Mr. Reed, and in a meeting with Mr. Reed in mid-December at Mr. Reed's home.

In early January, the settlement abruptly fell through. As a result of the effort spent working on resolving Mr. Reed's concerns, and primarily because of Applicant counsel's in-creasing expectation in November and December that an agree-

! ment would be reached between Applicant and Mr. Reed, Applicant i

suspended its considerable effort, as well as the efforts of offsite agencies, on motions for summary disposition, which i

I are now due on January 26, 1982.

8301250472 030121 PDR ADOCK 05000483 Q

PDR WOg _

f ~2-In addition, Applicant's emergency preparedness personnel have spent an unanticipated amount of time working on the resolution of all of the outstanding concerns and questions of the local, State and FEMA officials on offsite emergency preparedness around the Callaway Plant. This effort has required an extraordinary.

number of meetings and follow-up activities, in part because of the number of counties and, in general, the vast number of interested officials involved in the issue of offsite emergency preparedness. This effort also will result in a further revision to the offsite (State and local) planc and procedures. Con-sequently, Applicant has not been able to demand that the full time and attention of its emergency preparedness personnel focus on the work involved in preparing motions for summary disposition, as well as the development of testimony. Applicant has recently engaged additional personnel to assist in its emergency preparedness effort; however, the key, knowledgeable personnel working with the local, State and FEMA officials are personally needed by counsel to assist in the litigation l

effort.

In view of the unanticipated developments described above, and in the earnest desire to avoid future changes to the hearing schedule, Applicant proposes the following schedule for the resolution of Mr. Reed's emergency planning contentions:

Last day for filing motions for summary disposition May 20 Last day for filing responses to motions for summary disposition June 10

1. Anticipated Board ruling on motions for summary disposition July 11 Last day for filing of direct, written testimony and qualifi-cations of expert witnesses August 12 Commencement of evidentiary hearing August 30 For the board's infor.tation, Applicant has proposed delaying the due date for motions for summary disposition until May 20 because of its expectation that the revised copy of the State Plan, the Offsite Plan and the Standard Operating Procedures will not all be made available to the parties and to FEMA for its review until approximately April 15, 1983.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE t

hM Thomas A. Baxter, P.C.

' M' 4 Deborah B. Bauser Counsel for Applicant 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 l

l

Y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

UNION ELECTRIC COMPANY ) Docket No. STN 50-483 OL

)

(Callaway Plant, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Motion for Modification of Schedule" were served this 21st day of January, 1983, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.

& W k . k ^^'t'A, Deborah B. Bauser l

t _. - - .- .- _ _ -- - _

,i f UNITED STATES OF AMERICA

~

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

UT*0N ELECTRIC COMPANY ) Docket No. STN 50-483 OL

)

(Callaway Plant, Unit 1) )

SERVICE LIST James P. Gleason, ' Mi a Karmath M. Chackes, Esquire Chat m ari Chackes and Hoare Attmic Safety and T.icanning Boar:i 314 N. Brm%

513t:41=me Drive St. Iouis, Missouri 63102 Silver Rying, Maryland 20901 Mr. John G. Reed Mr. Glarul O. Bright Boute 1 At:muic Safety and tiWM Kingdcm City, Missouri 65262 Board U.S. Niv-laar Reg"1=+ay r=ni ssim Mr. Howard Steffen F==hington, D.C. 20555 Osamois, Missouri 65024 Dr. Jerry R. Kline Mr. Harold Icttmann Atraic Safety and tiran=47 .bute 1 Board Owensville, Missouri 65066 U.S. Nirlear Regulatory c=ni=im_

Wa=hington, D.C. 20555 Mr. Fred Luekey Rural Route Robert G. Perlis, Esquire Rhinaland, Missouri 65069 Office of the W='_*ive Iagal Dims U.S. Nnelaar Begulatory himica. Mr. h wl J. Birk ,

Washingtcm, D.C. 20555 P.O. Box 243 meri=m, Missouri 65061 Ded i.ing and Sernce Sectica Office of the S u wi.m y Mr. Robert G. Wright U.S. Niv laar Begulatory F="i==4= Ibute 1 Washingtcn, D.C. 20555 Fulton, Missouri 65251

, Joseph E. Birk, Esquire Eric A. Eisen, Esqui_m Assistant to the t'anant counsel Birch, Horton, Bittner & Mcnroe Union Elects capany 1140 Connecticut Avenue, N.W. , #1100 P.O. Box 149 Waship, D.C. 20036 St. Icuis, .h. 63166 A. Scott Cauger, Esqui.4.

Annistant Gemral Counsel.

.itssouri Pnh1ic Ser*/ ice F ==4=4m P.O. Scx 360 Jarb_=" City, Missourr. G5102