ML20076L578

Discusses Status of 830406 Proposed Stipulation of Contentions.No Agreement Reached Amongst Counsel at 830427 Conference Call.Fema Cannot Commit Resources to Preparing Testimony for 830830 Prefiling

ML20076L578
Person / Time
Site:	Wolf Creek
Issue date:	07/11/1983
From:	Cassidy B Federal Emergency Management Agency
To:	Simpson J SIMPSON, J.M.
References
NUDOCS 8307190237
Download: ML20076L578 (2)

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Federal Emergency Management Agency l s , Region 1 J.W. McCormack Post Office and Court House

. . Boston, Massachusetts 02109

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July 11, 1983 , 9 - Il'// e

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' O' Mm f John M. Siny, Esgaire Suite 120 C gb 10 $33 3 k 4350 Johnson Drive .- A."

Shawnee Mission, KA. 66205  ? $U ! *:- C

_ . _ , , _ r.Q wcr.,"'% y Re: Matter of Kansas Gas"& Electric Ccrapany 'w ,

(Wolf Creek Generating Station, Unit 1) MI Ibcket No. S'IN 50-482

Dear Mr. Simpsal:

I a:n writing to you and to Mr. Jay E. Sing to express my ccncern regarding the current status of the p.W_ cxrltenticns.

Die Atcznic Safety and Licensing Board (ASLB), in ecncert with the rep.wtation made by ccunsel at the prahaavirs ccnference, ordered that "swific objecticms to the mergency plan ti the fann cf a g.vgc=,ed stipoleim of ccntentions" be filed an or before April 7, 1983. You filed a proposed stipulaticn of

, contentions on April 6, 1983. 'Ibe svgused stipulation of contenticms was the subject of a etnference call amngst counsel cn April 27, 1983. 'lhe bottczn line of that conference was that there was no agreement to the s vyvsed stipulation of contenticos. Subsequent to the conference call, there has been an cn-going dialogue between counsel for the Applicant and Intervenors but no agreement cn the stipulation of ecntentions. During that time the number of suposed contenticns has grcwn frcm twenty-cne (21) filed by you on April 6,1983 to a number in excess of three hundred (300), counting the subparts, prc5csed by Mr. Silberg.

It has been my elperience as a trial lawyer that if the parties cannot stipulate to issues the trier of fact will resolve it. in a timely manner. I certainly anticip'ated resolution of the contentions in this matter long ago. Obviously, neither the Applicant nor Intervenor have sought resolution by the ASIB. I think that resolution by the ASLB is long overdue and that the parties should s seek such resolution inmediately.

It is my position that until there is a ruling cn the admissibility 'of these proposed cententions that it is unreasonable to expect my Agency to crmnit resources to preparing testimony for prefiling on August 30, 1983. It is also my position that if the ASLB admits three hundred or nere contentions it may be necessary, contrary to the representaticns made at the prehearing conference, to seek su:tmary disposition en scme of these matters. I am sure you appreciate the effect of that cn the current schedule. ,

Since ma is' a non-m whose role is circumscribed by the ASLB's prehearing orde*, I have limited control over the finalization of these contqnticns. As I have stated here, I believe that it is the responsibility to the Applicant and Intervenors to resolve these matters as quickly as possible in order that 8307190237 830711 i DRADOCK05000g g

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F FDR may proceed to prepare detailed and timely respmses to the legitimate cancerns regarding the adequacy of off-site energency planrang.

Sin rely, 6

Brian . sicy

.. Regional Counsel 9

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es y&- en ec: Service list Spence W. Perry, 03C le xen Green, SI,-m Frank Begley, E Region 7

- - Stephen Ferris, W Region 7 r., ,

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