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Category:FINDINGS OF FACT/CONCLUSIONS OF LAW
MONTHYEARML20093L0291984-10-12012 October 1984 Response to Applicant & Staff Proposed Findings of Fact & Conclusions of Law Re Safety Contentions 1 & 2.Certificate of Svc Encl ML20097J4121984-09-17017 September 1984 Response to Applicant & Staff Proposed Findings of Fact & Conclusions of Law on Contention I Re Asiatic Clams & Contention II Re Old River Control Structure.Certificate of Svc Encl ML20097F3951984-09-17017 September 1984 Proposed Findings of Fact & Conclusions of Law Re Contention 2 Concerning Old River Control Structure.Related Correspondence ML20097F2331984-09-17017 September 1984 Findings of Fact & Conclusions of Law.State Will Not File Proposed Facts & Conclusion of Law But Will Designate & Attempt to Negate Util Facts & Conclusions.Certificate of Svc Encl ML20097A6181984-09-0707 September 1984 Findings of Fact & Conclusions of Law.Joint Intervenors Will Designate Facts & Conclusions of Law Proposed by Applicant on Date Set by Aslb.Certificate of Svc Encl 1984-09-07
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20205D4901999-02-22022 February 1999 Transcript of 990222 Informal Public Hearing on 10CFR2.206 Petition in Rockville,Md.Pp 1-105.Supporting Documentation Encl ML20197H8661998-12-0202 December 1998 Exemption from Requirements of 10CFR70.24(a) Re Criticality Accident Requirements ML20155E1631998-09-25025 September 1998 Petition Per 10CFR2.206 Requesting That Plant Be Immediately Shut Down & OL Suspended or Modified Until Such Time That Facility Design & Licensing Bases Properly Updated to Permit Operation with Failed Fuel Assemblies ML20202F0081997-11-28028 November 1997 Order Approving Transfer of License for River Bend Station, Unit 1 ML20211P2771997-10-15015 October 1997 Application of RR Mabey,Chapter 11 Trustee for Cajun Electric Power Cooperative,Inc,For Transfer & Amend of License ML20116G9431996-08-0707 August 1996 Comment Supporting Proposed Rule 10CFR26 Re, Mods to Fitness-For-Duty Program Requirements RBG-42925, Comment on Draft Reg Guide DG-5007, Perimeter Instrusion Alarm Sys. Word Splices Should Be Changed to Terminations1996-05-29029 May 1996 Comment on Draft Reg Guide DG-5007, Perimeter Instrusion Alarm Sys. Word Splices Should Be Changed to Terminations ML20097D8631996-02-0909 February 1996 Suppl to Withdrawal of Contention & Motion for Termination of Hearing of RR Mabey,Chapter 11 Trustee for Util.* W/Certificate of Svc ML20100D2221996-01-25025 January 1996 Withdrawal of Contention & Motion for Termination of Hearing of RR Mabey,Chapter 11 Trustee for Cajun Electric Cooperative,Inc.* W/Certificate of Svc ML20096G4991996-01-16016 January 1996 Joint Motion to Suspend Procedural Schedule.* Requests That Procedural Schedule in Proceeding Be Suspended,Pending Action by Bankruptcy Court at Following Scheduled Hearing on 960122.W/Certificate of Svc ML20113G0751995-10-26026 October 1995 Transcript of Interview of J Fisicaro on 951026 in St Francisville,La ML20093G3461995-10-10010 October 1995 Joint Motion to Extend Hearing Date & Scheduling Order.* Trustee & Gsu Request That Prehearing Schedule & Hearing Schedule Be Revised So That All Depositions Be Completed by 960623.W/Certificate of Svc ML20113G0631995-07-27027 July 1995 Transcript of Interview of J Mcgaha on 950727 in St Francisville,La ML20113G0601995-07-21021 July 1995 Transcript of Interview of CR Maxson on 950721 in St Francisville,La ML20113G0421995-07-20020 July 1995 Transcript of Interview of Dn Lorfing on 950720 in St Francisville,La ML20113G0371995-07-19019 July 1995 Transcript of Interview of as Soni on 950719 in St Francisville,La ML20086P6501995-07-17017 July 1995 Joint Motion to Extend Hearing Date & Amend Scheduling Order.* Requests That Prehearing Schedule & Hearing Schedule Be Revised.W/Certificate of Svc ML20086K7511995-07-0707 July 1995 Exemption Granted from Requirements of 10CFR73.55(d)(5) Re Returning of Picture Badges Upon Exit from Protected Area of Individuals Not Employed by Licensee ML20086D8841995-06-29029 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style ML20113G0671995-06-16016 June 1995 Transcript of Interview of Wj Fountain on 950616 in St Francisville,La ML20113G0541995-06-15015 June 1995 Transcript of Interview of Jc Maher on 950615 in St Francisville,La ML20085E5891995-06-0909 June 1995 Comment Supporting Proposed Rule 10CFR73 Re Changes to NPP Security Requirements Associated W/Containment Access Control ML20085M4891995-06-0808 June 1995 Order Approving Transfer of License to Entergy Corp & Entergy Operation,Inc & Notice of Issuance of License Amend ML20085K9481995-06-0808 June 1995 Order Approving Transfers & Notice of Issuance of License Amends.Authorizes Gsu to Operate & Hold 70% Ownership Share in Plant ML20083M7811995-05-10010 May 1995 Submits Request for Reevaluation of Cities of Benton,Conway, North Little Rock,Osceola,Prescott & West Memphis,Arkansas & Farmers Electric Cooperative Corp on Anti-Trust Issues ML20080G8241995-02-0606 February 1995 Cajun Electric Power Cooperative,Inc Answer in Opposition to NRC Staff Response in Support of Gsu Motion for Summary Disposition.* Requests That Aslp Find Staff Response Inadequate.W/Certificate of Svc ML20078C7821995-01-23023 January 1995 Cajun Electric Power Cooperative,Inc Concise Statement of Matl Facts to Which Genuine Issue Exists Accompanying & Supporting Answer to Gulf State Utilities Company Motion for Summary Disposition.W/Certificate of Svc ML20078C7131995-01-23023 January 1995 Cajun Electric Power Cooperative,Inc Answer in Opposition to Gulf State Utilities Company Motion for Summary Disposition.W/Certificate of Svc ML20078C7441995-01-19019 January 1995 Affidavit of Jm Griffin on Behalf of Cajun Electric Power Cooperative,Inc.* Affidavit Re Past Performance of & Future Decommission Plans for Plant ML20078C7261995-01-19019 January 1995 Affidavit of WT Ullrich on Behalf of Cajun Electric Power Cooperative,Inc.* Affidavit Re Past Performance of & Future Decommission Plans of Plant ML20078C7861995-01-0909 January 1995 Gulf States Util Co Statement of Undisputed Facts in Support of Motion for Summary Disposition.* Util Intends to Safely Operate Plant within Requirements of Operating License ML20082H2341995-01-0909 January 1995 Gulf States Utilities Co Motion for Summary Disposition.* W/Certificate of Svc ML20077C0911994-11-17017 November 1994 Gsu Co Answer to Cajun Electric Power Cooperative 941107 Motion to Compel.* Requests Denial of Cajun Electric Power 941107 Motion for Reasons as Stated.W/Certificate of Svc ML20076N3141994-11-0707 November 1994 Util Motion to Compel Responses to follow-up Discovery Requests & Answer to Motion for Protective Order.* Util Requests That ASLB Issue Order Against Gsu/Eoi Re Discovery Responses.W/Certificate of Svc ML20076N4991994-10-31031 October 1994 Gulf States Utilities Co Second Supplemental Response to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* W/Certificate of Svc ML20078C9751994-10-28028 October 1994 Gsu Objections to Cajun Electric Power Cooperative,Inc Followup Discovery Requests & Motion for Protective Order.* Cajun Electric Power Discovery Requests Relate to Matters Outside Proper Scope.W/Certificate of Svc ML20078D3291994-10-28028 October 1994 Gulf States Utilities Company Second Supplemental Response to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories,Dtd 940908.* W/Certificate of Svc ML20080A1331994-10-21021 October 1994 Comment Supporting Proposed Rule 10CFR2 Re Reexamination of NRC Enforcement Policy.Advises That Util of Belief That NRC Focus on Safety Significance in Insps & Enforcement Policy Can Be Achieved by Utilization of Risk Based Techniques ML20080A2971994-10-13013 October 1994 Gulf States Utilities Company Supplemental Responses to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* W/Certificate of Svc.Related Correspondence ML20024J3081994-10-0303 October 1994 Cajun Electric Power Cooperative,Inc Motion to Compel Responses to Interrogatories & Production of Documents.* Requests Board to Issue Order Against Gsu Compelling Production of Listed Items.W/Certificate of Svc ML20073M3261994-10-0303 October 1994 Comment on Pilot Program for NRC Recognition of Good Performance by Nuclear Power Plants ML20073H2071994-09-30030 September 1994 Answer of Util to Motion to Compel Production & Provide for Addl Info Discovery.* Informs That Motion Should Be Denied. W/Certificate of Svc ML20024J3161994-09-30030 September 1994 NRC Staff Response to Licensee Request for Production of Documents.* NRC Unaware of Document That Relate to Scope & Criteria for NRC Review of Operation of Facility When Holder of OL Filed for Bankruptcy Protection.W/Certificate of Svc ML20073H0931994-09-29029 September 1994 Gulf States Utils Co Motion to Compel Answers to Interrogatories & Document Production Requests & for Other Relief*. Requests That Board Grant Util Addl Time to Conduct follow-up Discovery Based on Responses.W/Certificate of Svc ML20073H2301994-09-26026 September 1994 Notice of Appearance.* Undersigned Attys Enter Appearances in Proceeding.W/Certificate of Svc ML20073H2701994-09-22022 September 1994 Gsu Objections to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* Objects to Identified Interrogatories & Cajun General Instruction B.W/ Certificate of Svc.Related Correspondence ML20073H2121994-09-21021 September 1994 Gulf States Util Co Responses to Cajun First Request for Production of Documents Dtd 940822.W/Certificate of Svc. Related Correspondence ML20073H2631994-09-20020 September 1994 Gulf States Util Company Responses to Cajun Electric Power Cooperative,Inc Second Set of Interrogatories Dtd 940908.* Related Correspondence ML20072Q5061994-09-0606 September 1994 Gulf State Utilities Company Objections to Cajun Electric Cooperative,Inc. Interrogatories,Dtd 940822.* Gsu Objects to General Instruction B of Cajun Requests for Production of Document.W/Certificate of Svc.Related Correspondence ML20072Q4881994-09-0202 September 1994 Gsu Co Responses to Interrogatories Dtd 940822.* Informs That Responses Subj to Objections Filed by Util Dtd 940906. Related Correspondence 1999-02-22
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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION EC l'E7J:
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
- $ g I'n'the. Matter of gg.:E cr. -
ANCH GULF STATES UTILITIES CO.,
Docket Nos.:
50-458 O()L_
et al.
50-459
(,.
(River Bend Station, Units 1 & 2) 4 RESPONSE OF.THE STATE OF LOUISIANA
'9N) PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
. SUBMITTED BY APPLICANT AND NRC STAFF e*.
The. State of Louisiana responds as follows to the proposed findings of f act and conclusions of law submitted by applicant and NRC Staff, relative to Safety Contention No.11 (Corbicula Fluminea) as set forth herein.
Safety Contention No. 2.
(Old River Control Structure) will be submitted.to the Boa'rd by the parties as a stipulated t
settlement.
CONTENTION NO. 1 ASIATIC CLAMS (CORBICULA FLUMINEA)
'Or Applicant's Proposed Findings of Fact The State of Louisiana agrees with the following proposed findings of fact:
i' NOS. 1, 2, 4, 5, 7-9, 12-30, 32-35, 44-46, 48, 49, 54, 66-68, 74, 84, 89 The State of Louisiana does not have sufficient information upon which to either agree or disagree with the following proposed findings of fact:
NOS. 3, 6, 11, 31, 38, 39, 40, 58-63, 65, 78, 82, 90, 92-94 The State of Louisiana adopts the position of the NRC Staff as~to the following proposed findings of fact:
NOS. 42, 47, 50, 51, 55-57, 64, 79, 85, 91 A'
9410180275 841012 DRADOCK05000g8 g
1.ft*-
l v
The State of Iouisiana agrees that the procedures outlined in.the follwing proposed findings of fact are reasonable, but'can not agree as to the results of these procedures at this time, being of the opinion that this will have to be evaluated based on data acquired through use:
N3S.
69-73,-75, 76, 77, 80, 81, 83, 86-88 The State'of Iouisiana disagrees with the follwing proposed findings of fact:
NOS.
10.
Tbo general; no definition of "most".
-34.
Too general; no' definition of "extrenely law", where exactly the measurenents were taken or when in the time frame stated.
.e, f 36.
Too general;. which two years; defins "quite lw".
~
- 37..
. No longer factual; see applicant's most recent filing.
41..
Statenent is clearly argunent, rather than fact; argunent is based on speculation of facts not in evidence.
43..
. Statement overlooks the fact that there are young, but mature clams which could pass the screens; there is no evidence to shw that the clarifiers would necessarily get then all.
PROECSED COtCWSIONS CF IJM The State of Icuisiana takes the following positions on the applicant's proposed conclusions of Iaw:
1.
The State of Iouisiana agrees to the extent that, with the inclusion of appropriate technical specifications, the progran for dealing with the clams is a reasonable approach.
- 2. & 3.
There is not sufficient evidence before this Board at present to'make a detennination as whether a license to operate should be issued. By applicant's own calculations, the plant will not even be finished until April, 1985; NRC Staff evaluations put it a year or so later. Accordingly, such a demmination, it is subnitted, is premature.
,e.
g*-
s NRC Staff Prc--M Firdings of Fact he State of Iouisiana agrees with the following proposed findings of fact subnitted by NRC Staff:
1-6, 8-10 The State of Iouisiana is unable to agree, or disagree, with the following proposed findings of fact subnitted by NRC Staff:
11.
The State does not have sufficient facts upon w' 'ch to conclude that the proposed level of chlorination will be adequate, or that sczne level to which the chlorination may be raised in the future will be.
15.
The would agree that the Staff position, as set forth in 15., is a reasonable one; however, execution will detennine its effectiveness.
W e State does agree with the proposition.,that adjustments will be necessary in the future, particularly when~the resolution of Generic Issue #51;is reached.
no State of Ioaisiana disagrees with the following proposed finding of fact by NRC Staff:
7.
More recent infonnation has been filed by applicant, concerning the recent discovery of clam infestation at Big Cajun across the river from Riverband; this information will, of course, have-to be considered by the Board.
The State of Iouisiana agrees that the following proposed
." findings of fact" by NRC Staff re.flect the applicant's proposal, but contend that the effectiveness of the solution is yet to be established.
12, 13, 13a., 14 Proposed Conclusions of Iaw he State of Iouisiana disagrees with the proposed conclusions of law by NRC' Staff, NOS. A, B, C, & D.
RespecJtfly Subnitted, Wilpam. Custe, Jr.
A tor y al v
/
Y V)WI/
. David 16NeilI7pIl
,g' Assistant Attorn5y Gener
1 s
l 4
6 UNITED STATES OF AMERICA-
. NUCLEAR RFGULATORY COMMISSION ffe Er a
BEFORE THE ATOMIC SAFETY AND LICENSING BOA}tD g klSS Inithe Matter'of-7:
a..
-GULF STATES UTILITIES, CO.,
. Docket Nos. 50-4E0
- r..
et al 50-459
.9. t' /. ;
67 (River-Bend' Station, Units 1'E 2)
CERTIFICATE O_F_ SERVICE Ilhereby certify. that a copy ;of the " Response of the State of
- Louisiana to Proposed. Findings of Fact and Conclusions of Law-
- Submitted by Applicant and NRC Sta'f f",
in the abov.e captioned proceeding have been served on the following by deposit in the-
~
United States. mail, first class,.this 8th day of October, 1984:
Dr. Richard F. Cole James W. Pierce, Jr., Esq.
Mr..-B.
Paul Cotter,'Jr.
Post Office Box 23571
- Mr. Gustave A. Lindenberger.
Baton Rouge, LA-70893
-Administrative-Law Judges Atomic Safety and Licensing H. Anne Plettinger Board Panel 712 Carol. Marie Dr.
.U.S.' Nuclear-Regulatory
-Baton Rouge, LA 70806 Commission Washington.D.C.
20555 Linda B. Watkins Stephen Irving Attorneys-at-Law E
Gretchen R. Rothschild 355 Napoleon Street
- Louisianians.for Safe Energy Baton Rouge, LA 70802~
1659 Glenmore Avenue-Baton Rouge, Louisiana 70808
~ Atomic Safety and Licensing Appeal Board
. Troy B.EConner, Jr., Esq.
Atomic Safety and Licensing Mark J. Wetterhahn, Esq.
Board Panel
.' Conner & Wetterhahn United States NRC 1747. Pennsylvania Avenue, N.W.
Washington, D.C.
20555
. Suite 1050 Washington, D.C.
20006 Docketing and Service Section James-E. Booker Office of the Secretary
. Gulf States Utilities Company United States NRC
-Post Office Box'2951 Washington, D.C.
20555 Beaumont, Texas 77701 i
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-m
--s
?., e f.h r
9
- Mr. David Zaloudek Lee-S. Dewey, Esq.
Nuclear Energy Division U.S. Nuclear Regulatory :
Post. Office Box 14690 Commission Baton Rouge,~La. 70898 Washington, D.C.
20555 Brian P. Cassidy, Esq.
FEMA Region'I J.W. McCormack _ Pos.t-Q Office'and Courthouse-
./
Boston, MA 02109 S
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'J. ~ DAVID McNEfLC, IIL._
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