ML20079M077

Forwards Proposed Discovery Schedule in Response to ASLB Memorandum Memorializing 830121 Conference Call.Four Separate Hearings Should Be Held.Certificate of Svc Encl. Related Correspondence

ML20079M077
Person / Time
Site:	Harris
Issue date:	02/16/1983
From:	Payne M CHAPEL HILL ANTI-NUCLEAR GROUP EFFORT, CONSERVATION COUNCIL OF NORTH CAROLINA, EDDLEMAN, W., EDELSTEIN & PAYNE, KUDZU ALLIANCE
To:	Bright G, Carpenter J, Kelley J Atomic Safety and Licensing Board Panel
Shared Package
ML20079M082	List: ML20079M077 ML20079M107
References
ISSUANCES-OL, NUDOCS 8302230568
Download: ML20079M077 (5)

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-w EDELSTEIN ANo PAYNE ATTORNEYS AT LAW 723 WEST JOHNSON STREET POST OFFICE BOX 12643 *a 8 22 P2:19 RALEIGH. NORTH CAROLINA 27605 STEVEN R. EDELSTEIN (919) 828-1454

m. TRavis envNE February 16, 19E3 c i,3.,,_,..,

James L. Kelley, Esquire Mr. Glenn O. Bright Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. James H. Carpenter Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant, Units 1 and 2)

Docket Nos. 50-400 and 50-401 OL Adminis trative Judges Kelley, Bright and Carpenter:

In your Memorandum memorializing the conference call of January 21, 1983, you invited the parties to submit proposed schedules for discovery with regard to the above-captioned proceeding. I am writing you to convey a proposed discovery schedule drafted by repr sentatives of the following four intervenors: Chapel Hil_ Anit-Nuclear Group Effort, Conser-vation Council of North Carolina, Wells Eddleman, and Kudzu Alliance. While this proposed schedule encompasses the agreements reached with CP&L at a meeting on January 6,1983, it goes beyond those agreements in several significant respects.

We are proposing that there be four separate hearings in this proceeding. Those hearings would separately cover environ-l mental issues, management capability issues, safety issues, and emergency planning and security issues. There have been several discussions regarding separating the various issues and holding hearings on them as the material regarding each issue becomes available and the issues become ripe for a hearing. We fully agree with that concept, and make the proposal of the four separate hearings to carry it out. In particular, we feel that a separate hearing on the management capability issues is necessary in that a hearing on this issue (j oint contention I) could reouire extensive tes timony over a number of days . However, the management 8302230568 830216 PDR ADOCK 05000400 0 PDR

i James L. Kelley, Esquire .

Mr. Glenn O. Bright Dr. James H. Carpenter February 16, 1983 Page 2 issues should be ripe for a hearing fairly early in the course of this proceeding and therefore we have proposed it as the second hearing to be held.

We would propose that discovery proceed sequentially in each of the four areas to be covered by the hearings. That is, discovery on environmental issues will proceed prior to the i commencement of the hearing on environmental issues. During that time, discovery would not be conducted by any of the parties on any of the other issues. Discovery on the management capability issues would then commence following the hearing on environmental issues, and so on. We feel that this sequential approach is necessary to assure full and orderly development of the factual matters at issue. Without this sequential order of discovery, the entire proceeding could turn into essentially a " free fc all". Nothing would preclude a party from serving a substantial number of interrogatories immediately preceeding, or even during a hearing on a totally different issue. Obviously this would prohibit and obstruct the full evelopment of the facts during the scheduled hearing.

The schedule we propose is somewhat tight, but workable.

As per the January 6th agreement with CP&L, parties would be limited to two rounds of interrogatories and two rounds of' requests for production of documents on each contention. The time frames in our proposed discovery schedule would clearly permit a conscientious party to conduct at least two rounds of discovery.

We would further propose that depositions be allowed  !

to be noticed up to 15 days after the receipt of the last l discovery response in a given area; or the receipt of an ,

unfavorable ruling on a motion to compel discovery. While  !

none'of the four intervenors who are proponents of this dis- i covery schedule intend to make any extensive use of depositions ,  ;

we feel that this schedule for noticing depositions would be fair to those who do wish to use them. We also propose that requests to admit propounded pursuant to 10 CFR Part 2.742 should be allowed in each area up to the time for pre-filing testimony,  ;

and that requests for admissions not be limited to two rounds.

The discovery schedule enclosed with this letter, along with the conditions described in this letter strike a reasonable balance between the need to move this licensing proceeding forward, I

James L. Kelley , Esquire Mr. Glenn O. Bright Dr. James H. Carpenter February 16, 1983 Page 3 yet allow all parties to fully develop their positions. Chapel Hill Anit-Nuclear Group Effort, Conservation Council of North Carolina, Wells Eddleman and Kudzu Alliance respectfully urge that the Board adopt this discovery schedule for purposes of the Shearon Harris licensing proceeding.

Sincerely, C

M. Travis Payne MTP/bn enclosure cc: service list attached

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PROPOSED DISCOVERY SCHEDULE OF CHANGE, CCNC, EDDLEMAN AND KUDZU ALLIANCE Environmental Issues Last discovery requests to be filed................. July 1, 1983 Last response to discovery to be filed.............. August 1, 1983 Testimony to be pre-filed........................... November 1, 1983 Hearing on environmental issues commences........... November 15, 1983 Menaoement Capability Issues Last discovery reauests to be filed................. February 1, 1984 Last response to discovery to be filed....... ...... March 1, 19E4 Tes timony to be pre- filed . . . . . . . . . . . . . . . . . . . . . . . . . . .May 1, 19 84 Hearing on management capability issues connences...May 15, 19Pt Safetv Issues Last discovery recuests to be filed................. August 1, 1904 Las t response to dis covery to be filed . . . . . . . . . . . . . . September 1, 19 84 Testimony to be pre-filed....................... ... November 1, 1984 Hearing on safety issues commences... .

............ November 15, 1984 Emergency Planning and Security Issues Last discovery requests to be filed.................rebruary 1, 1985 Las t response to dis covery to be filed. . . . . . . . . . . . . . March 1, 19f,5 Testimony to be pre-filed....... .............. ....May 1, 1905 Hearing on emergency planning and security issues commences.......................... ........May 15, 19f5

CERTIFICATE OF SERVICE 7EO '

This is to certify that the foregoing document was thiB3 FEB 22 P2:20 day served upon all parties by placing it in the United States . ul Mail, postage prepaid, addressed as follows: .:.5EV-d*#

James L. Kelley, Esquire Atomic Safety and Licensing Board John D. Runkle, Esquire U.S. Nuclear Regulatory Commission Conservation Council of N.C.

Washington, D.C. 20555 307 Granville Road Chapel Hill, NC 27514 Mr. Glen O. Bright Atomic Safety and Licensing Board Dr. Richard D. Wilson U.S. Nuclear Regulatory Commission 729 Hunter Street Washington, D.C. Apex, NC 27502 20555 Dr. James H. Carpenter Mr. Wells Eddleman Atomic Safety and Licensing Board 718-A Iredell Street U.S. Nuclear Regulatory Commission Durham, NC 27705 Washington, D.C. 20555 Ms. Patricia T. Newman Charles A. Barth, Esquire Mr. Slater E. Newman '

Myron Ka.rman, Esquire Citizens Against Nuclear Power Office of Executive Legal Director 2309 Weymouth Court 6 a

U.S. Nuclear Regulatory Commission Raleigh, NC 27612 Washington, D.C. 20555 Richard E. Jones , Esquire Docketing and Service Section Vice President & Senior Counsel Office of the Secretary Carolina Power & Light Co.

U.S. Nuclear Regulatory Commission P.O. Box 1551 Raleigh, NC 5 Washington, D.C. 20555 27602 g Dr. Phyllis Lotchin g Mr. Daniel F. Read, President M Chapel Hill Anti-Nuclear Group Effort 108 Bridle Run E P.O. Box 524 Chapel Hill, NC 27514 g Chapel Hill, NC 27514 e E

Thomas A. Baxter, Esquire b Shaw, Pittman, Potts & Trowbridge $

1800 M Street, N.W. Ef Washington, D.C. 20036 Fi

[5 This the //, day of - M;7aa w . 5 1983.

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