ML20073N554
| ML20073N554 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/18/1983 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8304220496 | |
| Download: ML20073N554 (2) | |
Text
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UNITED STATES OF A7. ERICA NUCLEAR REGULATCRY COMNISSION Before the Atomic Safety and Licensine Board In the Matter of
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Docke33 N9.2502nd2 CLEVELAND ELECTRIC ILLUMINATING
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s COMPANY, Et'Al.
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50-441
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(Operating License)
(Perry Nuclear Power Plant,
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Units 1 and 2)
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e MOTIQi 'IO HOLD RECORD OPEN CN QUALITY ASSURANCE ISSUE As all parties are aware, an evidentiary hearing is scheduled to begin May 23,'1983, at which Issue #3, on quality assurance, will be liti-gated. Intervenor Ohio Citizens for Besponsible Energy ("OCRE") at this time does not have witnesses to present at the hearing. However, OCRE does have information about persons having first-hand knowledge about QA at Perry, who may later come forward with allegations concerning the quality of construction at PNPP. 'Ihese persons choose not to be kncWn at this time because of fears of-harassent and reprisal.
OCRE must have assurance that the statemnts of such persons will be considered by the Licensing Board in its decision on Issue #3. There-fore, OCRE moves that the Board hold the record open on this issue and accept the testimony of any late witnesses who may became available during j
the pendancy of this proceeding. OCRE would also request the right to file mE late documentary evidence containing the statements of such persons or
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to gg otherwise having significance with respect to Issue #3.
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This request is consistent with the Connission's rules of practice
,e e :s e8 and precedent.
10 CFR 2.756 requires that a record suitable for review be oNo NCL preserved in Ccmrission proceedings, including, of course, the Perry OL no ma.o
. proceeding. The Appeal Board ruled that sua sconte reopening of hearings is _ required when the Board becomes aware of new issues or changes in facts
[O 9 material to the resolution of an issue (Ccrmunwealth Edison Co. (LaSalle County Nuclear Station, Units 1 and 2), ALAB-153, 6 AEC 821 (1973)) or when new evidence is discovered that indicates that testimony in the record was false (Toledo Edison Co. and Cleveland Electric Illuminating Co.
(Davis-Besse Nuclear Power Station, Units 1, 2, and 3 and Perry Nuclear Power Plant, Units 1 and 2), ALAB-430, 6 NBC 457 (1977)).
10 CFR 2.718(j) specifically enpowers the presiding officer to reopen a proceeding for the purposes of receiving further evidence at any time prior t;o the initial-decision.' It is therefore appropriate, in light of these principles, for ^
'the Board to hold the record open on Issue #3, as OCRE believes that it is likely that additional witnesses will be available later in the proceeding.
OCRE prays that the Board is so moved.
Respectfully submitted, eD Susan L. Hiatt CCRE Representative 18275 Munson Rd.
Mentor, OH 44060 (216) 255-3158 CERTIFICATE OF SERVICE l
'Ihis is to certify that copies of the foregoing OfION 'IO HOLD RDCORD OPEN ON QUALI'IY ASSURANCE ISSUE were served by deposit in the t
U.S. Mail, first class, postage rpepaid, this /8 day of April, 1983, to those on the' service list.
I A
Susan L. Hiatt r
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