ML20079G501

Motion to Bifurcate Hearing & Request for Appointment of Separate ASLB to Rule on Emergency Plan Contentions

ML20079G501
Person / Time
Site:	Catawba
Issue date:	01/18/1984
From:	Mcgarry J BISHOP, COOK, PURCELL & REYNOLDS, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20079G504	List: ML20079G501 ML20079G508
References
NUDOCS 8401200144
Download: ML20079G501 (4)

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DOCKETED

- USP.;

UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC' SAFETY AND LICENSING BOARD

'$ P'.E OF LE.?t' dOCriithG !. SE< / -

In the Matter of ) S U NCH

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DUKE POWER COMPANY, et al. - - ~

) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and.2) )

MOTION TO BIFURCATE THE HEARING AND.

REQUEST FOR THE APPOINTMENT OF A SEPARATE ATOMIC SAFETY AND LICENSING BOARD TO RULE ON THE EMERGENCY PLAN CONTENTIONS During a conference call of January 12, 1984, Applicants' r,p,ised-the' question of the scheduling of the emergency plan ,

hearing phase. In camera Tr. 1264-1266. Applicants .auggested a I'

mid-March 1984 date. The Board expressed the view that such date was unattainable. The Board stated that it would not be prepared to hear emergency plan issues until it had issued its decision on the safety phase of the case, which decision is presently contemplated in May 1984. It thus appears that the emergency plan hearing cannot commence until June 1984.

Applicants anticipate that the emergency plan hearing should take 2-4 weeks to try, that 30-50 days would be provided for proposed findings and that Board deliberation would consume an additional 2-3 months. - 'As a result, under the schedule this Board appears to be contemplating, an emergency plan decision does not appear likely until late October-November .1984.

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p As set forth in the attached A' ffidavit .of Warren Owen, Applicants' current operating schedule calls for fuel loading on

- May 1984,.and for ascension above 5% power in August 1984. A I favorable decision on the safety phase of the case could entitle Applicants to load fuel, and to conduct tests at power levels of up to 5%. However, it appears that ascension to levels above 5%

could be precluded by current regulations absent' favorable findings on emergency planning issues. Accordingly, there is a very real prospect that' Catawba will be standing idle between ,

August- and November of 198'4, while awaiting the Board' c decision on emergency planning.

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To avoid the prospect of Catawba standing idle, Applicants F request tha't this proceeding be bifurcated and that a separate Atomic Safety and Licensing Board be appointed to hear and resolve the emergency planning contentions. As support Applicanto re.ly upon the Statement of Polcy On Conduct Of Licensing Proceedings, CLI-81-8, 13 NRC 452 (1981) which encourages adjudicatory boards to employ varioua procedural devices to - expedite the licensing process.

. Applicants would' note that this is not the first time they

.have sought bifurcation to remedy this adverse potential. On June 28, 1983, recognizing the prospect for delay, Applicants moved for bifurcation. In non-transcribed conference calls during July-August 1983,- this Board initially indicated its inclination to grant bifurcation, but upon objection by Intervenor Palmetto Alliance reversed its position and denied Applicants' request.

The . Board's action was taken prior to the commencement of the evidentiary hearing of the s,afety phase of this proceeding. l Since that time 43 days of hea'ings r have elapsed. Two more

. hearing days are scheduled in January and the resolution of yet another issue (the adequacy of the diesel generator crankshaft) is still outstanding.

Given the volume of the case as developed to date, and that

_ remaining Applicants maintain that reconsideration.of'the Board's  ;

earlier rule on bifurcation is appropriate. The timely grant of Applicants' motion could result in the appointment of a separate ,

Licensing Board within the next month and the commencement of 1

h$~arings in the March-April time frame. Under such a schedule

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) 2-3 months could be saved which could well be the 2-3 months ,

that, absent' bifurcation, Catawba would be standing idle awaiting this Board's decision on emergency planning. i Further, in the event other safety matters arise during the '

first half of 1984, this Board would be in a position to more readily deal with such matters having relieved itself of emergency planning responsibility. ' .

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On the basis of the above, Applicants request that their motion be granted.

Respectfully submitted

. /

, /J.'MichaelMcGarrf,III Anne W. .Cottinghdm V

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BISHOP, LIBERMAN, COOK, PURCELL

& REYNOLDS 1200 Saventeenth Street, N.W.

Washington, D.C. 20036. ,

(202) 857-9833 1 Albert V. Carr, Jr.

Ronald L. Gibson

- DUKE POWER COMPANY P.O. Box 33189 Charlotte, North Carolina 28242

,,,, (704) 373-2570 _

Attorneys for Duke Power

) Company, et al.

January iS, 1984 I

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