ML20116M488

Northeast Nuclear Energy Co Proposed Discovery Schedule.* W/Certificate of Svc

ML20116M488
Person / Time
Site:	Millstone
Issue date:	11/11/1992
From:	Reynolds N NORTHEAST NUCLEAR ENERGY CO., WINSTON & STRAWN
To:
References
CON-#492-13353 OLA, NUDOCS 9211200295
Download: ML20116M488 (7)

Text

_ _ _ - _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ - _ _ - _ - _ _ _ - _ _ - _ _ - _ _ - _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _

, /3353 10' FliiD i inNF C November 11, 1992 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION < <

a: ,e n< .

BEFORE THE_ ATOMIC SAFETY AND LICENSING BOARD in the Matter of )

)

NORTilEAST NUCLEAR ENERGY CO. ) Docket No. 50-336-OLA

) (Spont Fuel Pool Design)

(Millstono Nuclear Power Station, )

Unit No. 2) )

NORTilEAST NUCLEAR ENERGY COMPANY'S PROPOSED DISCOVERY SCHEDULE In accordance with discussions at the November 5, 1992 Prehearing Conference,l' Northeast Nuclear Energy company ("NNECO")

proposos the following approach and schedule for discovery in this proccoding. This approach diverges from the regulations .of 10 C.F.R. SS 2.740-2.744 in ordor to achieve greater efficiency in the discovery process. This would be accomplished by involving the Licensing Board.in the discovery process at an early stage so that  :

diuputes regarding permisnible discovery are resolved promptly.2/ ,

1 Tr. 59-60.-

2 The scopo of the proceeding is limited in the first ,

instance, by the original Federal Recister notice, to ,

Amendment 158, granted to NNECO by the NRC Staff on June 4, 1992. Hga 57 Fed. Rec. 17,934 (1992). . The scope of the proceeding is further limited by the Licensing Board's

" Memorandum and Order (Ruling in Petitions for Leave to Intervene)," dated September 30, 1992 (see particularly

_pages 26-32). As discussed at'the Prehearing Conferenco,.

I the issues extant in this proceeding-concern-the criticality-analysis supporting Amendment 158; they-do not include the l 1 l

9211200295 921111 3-PDR ADOCK.05000336:

.o PDH -

This proposal is premised upon a forthcoming clarification by the intervenor, Cooperative Citizen's Monitoring Network

("CCMN"), regarding the concerns of its technical expert, Dr. Kaku.

Specifically, at the Prehearing Conference, CCMN committed to inform the Licensing Board expeditiously as to whether CCMN agreen that the Licensing Board's September 30, 1992 Memorandum and Order, at pages 29-30, adequately characterizes Dr. Kaku's concerns recardinu thg Lull:_CQ criticality analysis supporting Amendment 158. Tr. 53-54.

For purposes of this proposal, it is assumed that CCMN's issues will be clearly defined by the end of the week (November 13, 1992), and that the issues will not be significantly different from those previously framed by the Licensing Board.F NNECO proposes that discovery proceed on the fvllowing path:

e On or before December 4, 1992 -- All parties file with the Licensing Board and parties any requests for discovery.

These requests can include, as each party sees fit, any type of discovery contemplated by the Commission's regulations. Each discovery request should be specific, incorporating or appending, for example, lists of document requests, interrogato11es to be answered, and names of witnessos to be deposed, accident analyses, postulated beyond design basis events, or broad issues of " cleaning up nuclear waste." Tr. 49; 16-17; 6-7; 71-72.

3 To the degree responses of NNECO and/or the NRC Staff are necessary with respect to CCMN's position on issues, those responses will be filed within seven days of receipt. NNECO hopes that this will be accomplished by November 20, 1992.

-2 -

i I

i l

• January 11, 1993 -- With respect to discovery requests to which there is no objection, responses are due. With ,

respect to discovery requests to which a party objects, i the following schedule will apply. I e On or before December 18, 1992 ~~ Following attempts by the parties to reconcile differences, parties file with i the Licensing Board any objections te the discovery i requests.  ;

• The Licensing Board will then schedule a conference call I with all parties (shortly af ter receipt of objections) .

Parties may respond to objections orally on this- 1' conference call. To the extent feasible, the Licensing Board will rule orally on any objections to discovery requests. The date of the conference call (and oral Board ruling) will become Date A.

• January 11, 1993, or Date A plus 14 days, whichever is later -- Parties respond to discovery requests that were subject to objections, as directed by the Licensing Board.

This discovery completion date will become Date B.

• Date B plus 14 days <- Parties may file any requests for additional discovery with the Licensing Board.- Again, the requests must be specific. The party seeking-additional:

discovery must also show good cause why the additional discovery sought was not covered in the first round.

• The Licensing Board'will then convene another conference call shortly after receipt _ of supplemental' discovery requests. Parties may object orally to the supplemental requests as.they see fit.-- The Licensing Board will rule, to the extent- feasible, _on supplemental discovery requests.

orally on-the conference' call. The date of;the ruling -

will become Date c.

• Date C plus 14 days -- Parties respond to supplemental

discovery requests allowed by the Licensing' Board. All discovery completed.

NNECO proposes the following schedule, following completion of discovery, for pre-trial E.ummary disposition motions, pre-filed direct testimony, and an evidentiary hearing. ,

e Upon close of discovery,i' plus 14 days -- All parties file any summary disposition motions deemed appropriate.

• Responses to summary disposition motions are to be filed in the manne- and on the schedule provided in 10 C.T.R. 5 2.749.

• The Licensing Board will then rule on surrmary disposition motions.

• Written direct testimony would be filed on any issues that survive summary disposition as follows:

-- NNECO: 20 days after Licensing Board ruling on summary disposition.

-- CCHN: 35 days after Licensing Board ruling on ,

summary disposition. 4

-- NRC Staff and NNECO reply: 55 days after Licensing Board ruling on summary disposition.

• The evidentiary hearing would begin approximately 15 days after final profiled testimony is filed.

With respect to pre-filed testimony, any motions to strike would be due within 10 days of the filing of the testimony that would be struck.

4 This can occur either upon completion of the first round of discovery responses (Date B), or upon--completion of the supplemental discovery period (Date c plus 14 days),

depending upon whether any party makes supplemental requests.

i

]

Counsol for the NRC Staff has authorized NNECO to stato that it has no objections to this proposed schedulo.

Finally, as discussed at the Prahaaring Conference (Tr.

61-62), NNECO remains intorosted in pursuing a process to settle this case. N!1ECO understands that, at the end of the discovery process, the Licensing Board will ask the NRC Staff to take the load in arranging an effort for settlement of the one admitted contention. Egg Tr. 74. NNECO encourages this measure and believes chat settlement discussions should continue in parallel with the proposed schedule.

Roupectf lly submitted, b

Nichola

) Mk

'p. Roy/ olds David A. Ropka WINSTON & ST i 1400 L Stroot, N.W.

Washington, D.C. 20005-3502 202-371-5700 Attorneys for Northeast Nuclear Energy Company Dated at Washington, D.C.,

this lith day of Novembor, 1992

1 i Le Lii D +

hNut UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 92 N9V 13 P4 :12 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD a s icr 4 ;i o t it.n f iiOLM liki, ', ' ! C i 41 i In the Mattor of )

)

NORTilEAST NUCLEAR ENERGY CO. ) Docket No. 50-336-OLA

) (Spent Fuol Pool Design)

(Millstono Nuclear Power Station, )

Unit No. 2) )

QERTIFICATE OF SERVICE I hereby cortify that copios of "NORTilEAST NUCLEAR ENERGY COMPANY'S PROPOSED DISCOVERY SCHEDULE" have been served on the following by deposit in the United States Mail, first class, or as indicated by an astorisk (*), by Fodoral Express cvornight delivery, this 11th day of November, 1992:

Administrative Judgo* Administrativo Judge

• Ivan W. Smith, Chairman Jerry R. Kline Atomic Safoty and Licem91ng Atomic Safoty and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. # 555 Washington, D.C. 20555 Administrative Judgo* Offico of Commission Appellate Charlos N. Kolbor Adjudication-Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission-l U.S. Nuclear Regulatory Washine, ton, D.C. 20555 Commission Washington, D.C. 20555 l>

t-l ~6-l.

+

.. l

.. j I

I John T. Null, Esq.* Patricia R. Nowicki Office of the General Counsel Associate Director.  :

U.S. Nuclear Regulatory EARTHVISION, Inc. 'l Ccemission 42 Highland Drive  ;

washington, D.C. _20555 South Windsor, CT 06074  !

Office of the-decretary Michael J. Pray, AIA  :'

U.S. Nuclear Regulatory 87 Blinman Street _

Commission New London, CT 06320 Washington, D.C.

20555 ,

Attention Docketing and Mary Ellen Marucci [

t Service Section 104 Brownell Street (original + 2 copies) New Haven, CT 06511 l 1

Atomic Safety and Licensing Rosemary Griffiths l Board 39 South-Street U.S. Nuclear Regulatory Niantic, CT 06357  :

Commission i Washington, D.C. 20'.55 Joseph M. Sullivan- 1 17 Laurel Street.  !

Richard M. Kacich Waterford, CT 06385 l '

Director, Nuclear Licensing Northeast Utilities Frank X. LoSacco P.O. Box 270 4 Glover Place

• Hartford, CT 06101 Box 1125 Middletown, CT 06457 ':

Adjudicatory File .

Atomic Safety and Licensing Ms. Mary ElleniMarucci Board Panel Cooperative Citizen's U.S. Nuclear Regulatory Monitoring Network Commission P.O. Box-1491- i Washington, D.C. 20555 New Haven, CT 06506 j Dr. Michio-Kaku Don't Waste--Connecticut.-

Cf.ty University of'New York 97 Longhill Terrace Physics Department' New Ha'ren,;CT 06515' Convent Avenue at 138th Street- '

New York,.NY 10031 David A.-Repka-k t b

Counsel for Northeast'Nucleari Energy Company _..

i t

b l

4

_ ; .. . , < ,,, ,-_..a. -

, -. -_ , . .. . _. _. . . . _ _ a.-,..