ML20086P650

Joint Motion to Extend Hearing Date & Amend Scheduling Order.* Requests That Prehearing Schedule & Hearing Schedule Be Revised.W/Certificate of Svc

ML20086P650
Person / Time
Site:	River Bend
Issue date:	07/17/1995
From:	Pembroke J, Wetterhahn M DUNCAN, WEINBERG, MILLER & PEMBROKE, P.C. (FORMERLY, GULF STATES UTILITIES CO., WINSTON & STRAWN
To:	Atomic Safety and Licensing Board Panel
References
CON-#395-16901 93-680, OLA, NUDOCS 9507270086
Download: ML20086P650 (6)

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. /d k DOCKETED UNITED STATES OF AMERICA USHRC BEFORE THE NUCLEAR REGULATORY COMMISSION 5 a 17 P2 :35 Before the Atomic Safety and Licensina Board 0FFICE OF SECRETARY <

In the Matter of DOCKETlHG & SERVICE

) BRANCH GULF STATES UTILITIES )

COMPANY, _e_t & ) Docket No. 50-458-OLA

) ASLBP No.93-680 (River Bend Station, Unit 1) )

JOINT MOTION TO EXTEND HEARING DATE AND AMEND SCHEDULING ORDEll On April 11, 1995, the Atomic Safety and Licensing Board (" Board") established a Revised Prehearing Schedule which provided deadlines for prehearing activities following the issuance of the Board's ruling on Gulf States Utilities Company's

("GSU") Motion for Summary Disposition. Pursuant to that schedule, depositions were to be completed 45 days after the ruling, prehearing testimony was to be filed 66 days after the ruling, and a hearing was to commence no earlier than 81 days after the ruling. A Memorandum and Order denying GSU's Motion for Summary Disposition was docketed with the Office of the Secretary on June 16, 1995. For the reasons stated below, GSU and Cajun Electric Power Cooperative, Inc. (" Cajun"), move this Board to extend the dates established in the scheduling order and the date of the hearing of this matter.

Discussion The current procedural schedule calls for pre-filed testimony to be filed on August 21, 1995. This date falls in the midst of an extraordinarily busy period for litigation involving 9507270086 950717" D PDR ADOCK 05000458 #)

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l both GSU and Cajun. Among other pending matters, the parties i currently are subject to three procedural deadlines in the month l 1

of August. l First, Enterav Services. Inc., FERC Docket No. ER95-112-000, is a multi-party case pending before the Federal Energy Regulatory Commission ("FERC"), which involves the proposal by Entergy Corporation ("Entergy"), of which GSU is a subsidiary, to completely restructure its transmission service arrangements.

Cajun, as a purchaser of large amounts of transmission service f

from GSU and Louisiana Power & Light Company, another Entergy subsidiary, has substantial interests in that case and is '

actively participating in it. Pre-filed testimony in that case ,

is due to be filed on August 22, 1995, one day after the current l date for filing pre-filed testimony before the Board.

Second, the FERC will issue its decision in Caiun Electric Power Cooperative. Inc. v. Gulf States Utilities Company, FERC Docket Nos. EL87-51-000 and ER88-477-000, by the end of July. All parties must file their exceptions to that  !

decision within thirty days of the issuance of the FERC's order.

i The thirty day period is statutorily imposed and is not waivable by the FERC. Thus, GSU and Cajun must file their exceptions by  ;

the end of August. The briefs on exceptions are expected to be detailed and lengthy. The amount in controversy in that proceeding exceeds $180 million.

i Third, the FERC has instituted a Proposed Rulemaking, Promotina Wholesale Competition Throuah Open-Access. Non-  ;

Discriminatory Service by Public Utilities, FERC Docket Nos.  :

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l RM95-8-000 and RM94-7-001. The rulemaking may result in the restructuring of the electric utility industry by the FERC's adoption of a requirement that all public utilities offer transmission services to any qualified transmission user on a basis which is comparable to the manner which the transmitting utility uses its own system. The Proposed Rulemaking has engendered substantial industry interest with individual utilities, customers, aational trade associations and retail regulators stating their intent to file substantial comments on the Proposed Rule. Both Entergy and Cajun will file comments in that proceeding. Initial comments in that proceeding are due to be filed on August 7.

Many of the same attorneys and supervisory staff of GSU and Cajun will be participating in these proceedings, thus rendering the submission of pre-filed testimony in this proceeding on August 21, 1995, extremely difficult. In light of these circumstances, both GSU and Cajun respectfully request that the Board grant an extension of the procedural dates in this proceeding for approximately two months, as detailed below.

The NRC Staff has reviewed this pleading and has no objection to the relief sought.

Relief Souaht For the foregoing reasons, Cajun and GSU respectfully request that the prehearing schedule and hearing schedule be revised as follows:

1. All depositions are to be completed by October 23, 1995.

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2. All pre-filed testimony is to be filed by November 13, 1995.

3. The hearing will be held no earlier than November 28, 1995, or at such later date as established by the Board after consultation with the parties.

Because of the approach of certain deadlines in the Revised Prehearing Schedule, the parties to this Joint Motion .

request an expedited review and ruling on this Joint Motion.

Dated: July 17, 1995 Respectfully submitted, Mark J. Wetterhahn WINSTON & STRAWN 1400 L Street, N.W.

Washington, DC 20005-3502 Telephone (202) 371-5700 Attorney for Gulf States Utilities Company Jamds D. Pembroke Thomas L. Rudebusch DUNCAN, WEINBERG, MILLER &

PEMBROKE, P.C.

1615 M Street, N.W., Suite 800 Washington, D.C. 20036 Telephone (202) 467-6370 3 Attorney for Cajun Electric Power Cooperative, Inc.

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DOCKETED-  !

USNRC 73 J1.17 P2 35 -

0FFICE OF SECRETARY  :

BEFORE THE ATOMIC SAFETY AND LICENSING 'BO=CKETING & SERVICE ,

BRANCH In the Matter of ) .

)- Docket No. 50-458-OLA  !

GULF STATES UTILITIES COMPANY ) .

) Re: -License Amendment  !

(River Bend Station, Unit 1) ) (Transfer of Ownership and -

). Control)

'i CERTIFICATE OF SERVICE i I hereby certify that copies of " Joint Motion to Extend Hearing Date and Amend Scheduling Order" were served on the ~ ~i following, by first class mail, postage pre-paid,: this 17th day of July, 1995:

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• B. Paul Cotter, Jr., Esq.

• Docketing and Services {

Chairman, Atomic Safety Branch -

and Licensing Board U.S. Nuclear Regulatory -l U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555' y

D Washington, D.C. 20555  !

• Marian L. Zobler

• Dr. Richard F. Cole Ann P. .Hodgdon, Esq.

I Atomic Safety and Licensing Mitzi A. Young, Esq.

Board Office of the General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

• Dr. Peter S. Lam

• James D._Pembroke, Esq.

Atomic Safety and Licensing Thomas L. Rudebusch Board Duncan, Weinberg, Miller &

U.S. Nuclear Regulatory Pembroke, P.C.

Commission 1615 M Street, N.W.

Washington, D.C. 20555 Suite 800 Washington, D.C. 20036

~* Hand Delivery I

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Victor J..Elmer ** Robert B.'McGehee, Esq.

Vice President - Operations Wise Carter Child & Caraway Cajun Electric Power 600 Heritage Building Cooperative, Inc. P. O. Box 651 10719 Airline Highway ~ Jackson, Mississippi 39205 Baton Rouge, LA 70895

• Lee S. Dewey, Esq.

Office of the Executive Chief Counsel Director for Operations Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 i

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Mark J. Metterhahn Winston & Strawn Counsel'for Gulf States Utilities Company

• Hand Delivery i

• • Federal Express l

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