ML20101L186

Motion to Correct 841224 Record.Applicants Never Agreed to Discovery & Trial Preparation Schedule.Certificate of Svc Encl

ML20101L186
Person / Time
Site:	Hope Creek
Issue date:	12/28/1984
From:	Conner T CONNER & WETTERHAHN, Public Service Enterprise Group
To:	Atomic Safety and Licensing Board Panel
References
CON-#185-857 OL, NUDOCS 8501020158
Download: ML20101L186 (5)

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)y D 3CI'ETED LEq UNITED STATES OF AMERICA NUCLEAR REGULATORY' COMMISSION gj FC 31 M0:00 Before the Atomic Safety and Licensing Board

? KEG =SECRETw Public Service Electric and v0'?XE7P"3 2 E4 A SE0VW

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Gas Company. ) ,

) Docket No. 50-354-OL (Hope Creek Generating )

Station) ) -

MOTION TO CORRECT RECORD On December 24, 1984, the Atomic Safety and Licensing Board (" Licensing Board" or " Board") in the captioned proceeding entered an order following the December 17, 1984 Conference of Counsel. The Board had previously ordered the Public Advocate of the State of New Jersey ("Intervenor") to show cause why the Intervenor should not be dismissed due to the Intervenor's failure to comply with the Board's Order of August 10, 1984. The Conference of Counsel was held to discuss Applicants' motions to dismiss the proceeding and the Intervenor's response as to why the proceeding should not be dismissed.

In its December 2 4 ', 1984 Order following this Confer-ence of Counsel, the Board concluded that the Intervenor was in default. Order (December 24, 1984) at 2. The Board nevertheless held that dismissal of the proceeding was not necessary "because the parties agreed to a discovery and trial preparation schedule which would adequately protect the public interest in reasonably expeditious proceedings."

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g. Thus, the Board's' order states that the Board decided not to dismiss the proceeding because the parties agreed to a discovery and trial preparation schedule. Order (December 24, 1984) at 2.

At no time did the Applicants agree to withdraw their motion for dismissal of the proceeding. The Applicants have continuously maintained that no hearings, with the coinci-dent heavy commitment of company resources, are necessary.

But for the intervention of the Public Advocate, no operating license hearings would be held on the Hope Creek Generating Station (Tr. 285). The Applicants' discussion of discovery and hearings at the Conference of Counsel was merely responsive to the Board's statement that it had not made up its mind on whether to dismiss the proceeding (Tr.

341). In this connection, Applicants note that they presented argument at the beginning of the conference in further support of the two pending written motions to dismiss (see particulars Tr. 251-57, 280-83, 286, 319-20, 346-48). Applicants renewed their motion for the dismissal of the proceeding at the beginning of the afternoon session of the conference (Tr. 356) and at the close of the conference again restated their position that the Board should order the dismissal of the case (Tr. 423).

Because of the oversight requirements of the New Jersey Board of Public Utilities and the United States Federal Energy Regulatory Commission, it is important that the record be corrected to reflect that the Applicants did not

j agree and never have agreed to hearings before the Nuclear Regulatory Commission which would not otherwise be required.

Accordingly, the Applicants move that the Licensing Board file a corrected order accurately setting forth the Applicants' position in this matter.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

% e.camsa. Q p Troy B. Conner, Jr.

Counsel for the Applicants December 28, 1984

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-g UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Public Service Electric and )

Gas Company )

) Docket No. 50-354-OL 1 (Hope Creek Generating )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Motion to Correct Record," dated December 28, 1984 in the captioned matter have been served upon the following by deposit in the United States mail on this 28th day of December, 1984:

• Marshall E. Miller, Esq. Atomic Safety and Chairman Licensing Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel

• Dr. Peter A. Morris U.S. Nuclear Regulatory 3 Atomic Safety and Commission Licensing Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Docketing and Service Washington, D.C. 20555 Section Office of the Secretary

• Dr. David R. Schink U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Hand Delivery

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• Lee Scott Dewey, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard Fryling, Jr., Esq.

Associate General Counsel Public Service Electric &

Gas Company P.O. Box 570 (TSE)

Newark, NJ 07101

• • Richard E. Shapiro, Esq.

Susan C. Remis, Esq.

John P. Thurber, Esq.

State of New Jersey Department of the Public Advocate CN 850 Hughes Justice Complex Trenton, New Jersey 08625 Carol Delaney, Esq.

Deputy Attorney General Department of Justice State Office Building 8th Floor 820 M. French Street Wilmington, DE 19810 l

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'ca Y IaA/4AGt Jessica H. Lavnsty I

Hand Delivery

• • Federal Express 4