ML20080E639

Exceptions to ASLB 830830 Memorandum & Order Re Procedural Objections & NRC Witness Questioning.Certificate of Svc Encl

ML20080E639
Person / Time
Site:	Perry
Issue date:	09/09/1983
From:	Lodge T SUNFLOWER ALLIANCE
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-OL, NUDOCS 8309140022
Download: ML20080E639 (3)

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13 SEP 13 Pl2:00 UNITED STATES OF AMERICA-

'. NUCLEAR REGULATORY COMMIS ION I Before the' Atomic Safety and Licensing

][o^g g' BRANCH

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'In the Matter of s

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Docket Nos. 440(OL) 50-441(OL)

LCLEVELAND ELECTRIC ILLUMINATING)

COMPANY,.et. al.

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- (Perry Nuclear; Power Plant,' Units 1 and.2).

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. SUNFLOWER'S EXCEPTIONS TO MEMORANDUM AND ORDER CONCERNING PROCEDURAL OBJECTIONS AND STAFF WITNESS QUESTIONING -

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.Now comes Sunflower Alliance, Inc., (" Sunflower"), by and through r

counsel,"and pursuant; to 10 CFR _ $2.762, takes exception to the August 30,1983

" Memorandum and Order (Procedural Objections and Staff Witness Question [ sic])"

of.the Atomic' Safety and-Licensing Board in this matter.. Sunflower further.

specifies its exceptions as follows:

1. Sunflower excepts to.the finding of the majority of

- the Board that:the Boar'd did not overzealously and.

l ' ".

. prejudicially conduct and intervene-in'the adjudication l ~

of the quality ' assurance contention (Issue #3) in'this l1 matter, all to the procedural and substantive detriment b

.of Sunflower as an intervenor. Said determination by

. the Board has.the.effect of ~ disposing of a minor

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segment of this case. - See ALAB-736 (August 24,:1983).

2. Sunflower excep.ts to the determination of the Board that' Sunflower was not deprived.of a fair hearing by the ~ withdrawal of its lead counsel on the' eve of the hearing, thereby foreciosing a reopening of the hearing

' record. This decision disposes of a major segment of -

the case. -See ALAB-736 (August 24, 1983).

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3. ' Sunflower excepts to the determination of the Board that Sunflower.was not prejudicially and improperly deprived of the opportunity to cross-examine a Staff inspector. The inspector, whose identity was never -

8309140022 830909

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.. disclosed by. other Staff witnessest apparently had registered. strong dissenting views concerning the

~ dequacy of quality assurance quality controls efforts a

of.the Applicant. Although the phantom inspector was

. repeatedly referred to in testimony, and his views and internal ameliorative steps of Staff were presented as substantive evidence, the Board rejected hearsay contentions and requests that the individual be personally produced for cross-examination.' The Board's determination that the inspector need not ever be subjected to cross-examination disposes of a major segment of the case. See ALAB-736 (August 24, 1983).

WHEREFORE, Sunflower pr'ays the Atomic Safety and Licensing Appeal

- Board to hear these exceptions on their merit briefs, and upon such deliberations, to reverse the Atomic Safety and Licensing Board's determinations in all respects.

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- Terry J. [P.p' dge / j Counsel forl Sunflower Alliance, Inc.

Toledo, o[nto618 Nortf l%ichgan Street, Suite 43624 (419) ~ 255-7552 CERTIFICATION I hereby certify that a copy of the foregoing " Exceptions to Memorandum

[

and Order Concerning Procedural Objections and Staff Witness Questioning"_ was-sent by me via_ regular U.S. Mail, postage prepaid, this 9th day of September,1983, to all parties on the accompanying " Service List".

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Terry J.

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' SERVICE LIST Peter B.' Bloch, Chairman-Atomic Safety & Licensing Board LU.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Jerry R. Kline Atamic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Mr. Glenn O. Bright Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission

- Washington, D.C.

20555 Docketing & Service Section Office of the Secretary

.U.S. Nuclear Regulatory Commission

Washington, D.C. - 20555 James M. Cutchin, IV, Esq.

Office-of the Executive

. Legal Direct'or-U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Jay Silberg, Esq.

1800 M Street, N.W.

Washington, D.C.

20036 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington,' D.C.

20555

. Susan L.' Hiatt

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8275 Munson Road Mentor,- Ohio 44060 Christine N. Kohl, Chairman Atomic Safety and Licensing Appeal Board

- U.S.~ Nuclear Regulatory Commission Washington,' D.C.

20555

- Dr. John H. Buck

- Atomic _ Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission

. Washington, D.C.-

20555

. Gary 3. Edles, Esquire Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission

. Washington,~ D.C..

20555