ML20127G643

Memorandum & Order.* Postponement of Prehearing Schedule Requested by Counsel for Minnesota Pollution Control Agency by Not Granted for Stated Reasons

ML20127G643
Person / Time
Site:	Monticello
Issue date:	05/02/1973
From:	Lazo R US ATOMIC ENERGY COMMISSION (AEC)
To:	NORTHERN STATES POWER CO.
Shared Package
ML20127G646	List: ML20127G643 ML20127G681
References
NUDOCS 9211170399
Download: ML20127G643 (5)

Text

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.i UNITED STATES OF AMERICA ATOMIC ENERGY COFD11SSION In the Matter of )

NORTHERN STATES POWER COMPANY Docket No. 50-263

)

(Monticello Nuclear Generating ) '

Plant, Unit 1) )

MEMORANDUM AND ORDER By letter dated. April 19, 1973, addressed to the Chairman of the Licensing Board in the captioned pro-ceeding, a copy of which is attached herewith, the Board has been advised by counsel for Minnesota Pollution Control Agency (MPCA) that "all parties in both proceed-ings" have agreed "that the Monticello proceeding be deferred until after the Prairie Island (In the Matter of Northern States Power Company--Prairie Island Generat-ing Plants, Units 1 and 2,--Docket Nos. 50-282 and 50-306) hearing process has been completed." Counsel for intervenor MPCA acknowledges that approval of the pro-cedure suggested by the parties would mean that the hearing schedule set by the Board at the prehearing conference of March 28, 1973, would have to be held in abeyance and re-adjusted at some indefinite future time.

9211170399 730502 PDR ADOCK 05000263 O PDR

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In support of-his proposal that the hearing process -

l j in the subject (Monticello) proceeding-be deferred-until after the completion.of the evidentiary-hearing in the Prairie-Island proceeding, counsel for MPCA argues with-2 out elaboration that as to-MPCA and-Mr. Steven J. Gadler,

! who among others are. parties in both proceedings,-con-i- current proceedings would;present an insurmountable-

) barrier to meaningful participation by these.two parties.

If the six parties in this proceeding are.in agree-ment that all prehearing procedures including appropriate j discovery should now be postponed for

an indefinite

period in order to await the conclusion of the evidentiary hearing in the Prairie Island proceeding.(Docket Nos.

50-282 and 50-306), then in the interest of a complete i

record the parties should file ~ with1the Board a- joint F..

stipulation.to that effect signed by all parties in this

[ - proceeding. However, the_ parties areLadvised that based l upon the arguments advanced thus far, the Board cannot-

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approve any such request for' postponement of the hearing.

4 Clearly,_the: Licensing Board-is charged with the i

statutory obligation to proceed with reasonable-dispatch f

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i i to conclude any matter presented to'it for administrative

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i process. This does not mean that due regard shall.not i

.be had for the convenience and necessity of the parties I

or their representatives. However, in the present instance it is seen that the'prehearing schedule in this 4

f proceeding,which was adopted without change from'the j schedule proposed by all parties at the prehearing con-5 l ference of March 28,_1973,- should not be unduly burden--

. some to any part).. Specifically, it provides'for.(1) i- compliance by the Staff with' initial informal discovery _

I requests by MPCA by April 20, 1973, and compliance with j

requests for information by other intervenors by May 31, 1973; (2) the filing of a revised statement.of conten-tions by'all intervenors by_May 31, 1973; (3)]a stipu -

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lation.by all parties'settingiforth a statement of con-4 tentions to be treated.as contested issues in this-

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l hearing by June 15,1973; and '(4) a further 90-day

! . period-to complete discovery.. It. was further agreed v

that the' evidentiary hearing would not begin until-October.1973.

The Board:is advised-that the Licensi g Board in

! the Prairie Island proceeding on' April:25, 1973, approved

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a prehearing - schedule 11n that case which contemplates that (1) discovery will be completed by July 24', 1973; -

l (2) the final prehearing conference shall take place

. August 61 , 1973; and (3) the evidentiary hearing shall: .

commence on September 10, 1973, with-sessions to be

- continuous until completed.

In view of thc above, the-Board at this time can

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5 perceive no onerous-difficulties to any party if the presently agreed to schedule.is-adhered to. In addi-l tion, the Board feels-constrained to' remind the parties in 'this proceeding of the admonishment of the United -

States District Court, District of Minnesota, Fourth Division, in its-Memorcndum and Order dated July 28, 1

I 197'2, wherein Judge Lord specifically_noted that:

"[sjection 2 of the Council on Environmental

Quality Guidelines requires-that the NEPA

' environmental review take place as early as possible ... in order to avoid to the-fullest i

extent practicable undesirable consecuences for the environment... .

"- MECCA-et al. v.;AEC

.Jan. 19, 1573).

No. 4-72 Civ.-109 W ERG 16/o -

The Court further noted that particularly in the case e

of the Monticello facility, "it is quite-clear, however,

! that expeditious completion of the environmental review 4

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i 5-is required." The Court continues to retain jurisdic-tion of this matter.

i i For the reasons set forth.above, the-postponement-j of the prehearing schedule requested by counsel for d

i Minnesota Pollution Control Agency by letter dated

) April 19, 1973,- is not granted. The schedule estab-lished by the Boar.d on March 28, 1973, will continue j ,

to be applicable-to this proceeding'unless changed by further Order of the Board if it subsequently appears I

that such schedule will impose an undue burden upon-i any party to this proceeding.

1-IT IS SO ORDERED.

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- THE ATOMIC SAFETY'AND-l! LICENSING BOARD-

\

Robert M. . Lazo, Chafr y 1

i

i. Issued at Washington, D. C.

this 2nd day o'f May,-1973. '

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