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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20126F0221981-02-25025 February 1981 Intervenors' Joint Response to NRC Interrogatories.Concerns Seismic & Geologic Design Bases & Identification of Witnesses.Prof Qualifications & Certificate of Svc Encl ML20150E9831978-11-30030 November 1978 Licensee Ge'S Answers to Intervenor R Dellum'S Interrogs 780803.Questions Concern Fuel Flooding Sys,Containment Pressure,Vacuum Relief Sys & Other Topics Re Safety of Subj Facil.Affidavits & Cert of Svc Encl ML20150E7271978-11-27027 November 1978 Intervenors' Response to Discovery Requests. Intervenors, Friends of the Earth,Do Not Believe Production of Stolzman Rept Is Req in Response to Any Discovery Requests. W/Supporting Preliminary Rept.Cert of Svc Encl ML20148Q4931978-11-17017 November 1978 Licensee Gevn'S Response to ASLB Memorandum & Order of 781024 Directing Intervenors Friends of the Earth & Dellums to Respond to Gevn Interrogs.Responses Are Nonresponsive, Gevn Requests Imposing of Sanctions.Cert of Svc Encl ML20147E7251978-11-15015 November 1978 Intervenors Response to ASLB Memorandum & Order Dtd 781024. Intervenors Refuse to Reveal Names of Any Persons Aiding Intervenors Unless Intervenors Intend to Call These Persons as Witnesses.Cert of Svc Encl ML20204D1341978-11-13013 November 1978 Intervenor Fote'S Response to ASLB Memo & Order of 781024. Fote Requests Referral of Ge'S Interrog 1 of 780626 & All Motions & Responses Arising Therefrom to Nrc.Fote Declines to Identify Names of Those Aiding Fote.W/Cert of Svc ML20197D3071978-11-0808 November 1978 Licensee Gevn'S Discovery Status Rept.Interrogs Were Submitted by Rep R Dellums on 780808 & 780818; Licensee Responded on 780821 & 780830,respectively.Cert of Svc Encl ML20148T1871978-11-0707 November 1978 Intervenor'S Discovery Status Rept.Lists Correspondence Sent & Received Since Last Status Rept ML20148D1101978-10-24024 October 1978 Order Denying GE cross-motion for Imposition of Sanctions on Intervenors,Dellums & Burton,For Failure to Respond to GE Discovery Requests.Referral of 780814 Ruling to NRC Also Denied ML20148G7491978-10-23023 October 1978 Intervenor R Dellums'Discovery Status Rept,Listing Documents Received & Sent Re Proc Re Subj Facil Since 780922.Cert of Svc Encl ML20197B1111978-10-11011 October 1978 Response to Friends of the Earth Interrogatories Served on 780925.DL Gilliland,Rw Darmitzel & Rl Sharpe Affidavits & Certificate of Svc Encl ML20148A6551978-10-0505 October 1978 NRC Answer to Intervenors,Friends of the Earth & R Dellums 780913 Motion for Ref of Questions.Opposes Motion. Certificate of Svc Encl ML20147C9281978-10-0505 October 1978 Order Re Intervenors' Motion for Order Suspending Preparation of SER Pending Results of Hearing.Nrc Will Show Neither the SER Nor Any Contributing Staff Member Was Biased by Ex Parte Communications ML20147F3691978-09-27027 September 1978 Discovery Status Rept,Listing Documents That Friends of the Earth Have Received to Date ML20147C0721978-09-22022 September 1978 Intervenors' Discovery Status Rept Listing All Documents Received & Sent Out Since 780816 in Getr Show Cause Proceedings ML20147C9981977-10-24024 October 1977 Show Cause Order Requiring That,Upon Completion of Present Operating Cycle on 771027,GETR Should Be Placed & Maintained Safely in Cold Shutdown Condition.Comments for Getr 771202 Meeting Encl ML20141C8601977-01-21021 January 1977 Memorandum & Order Denying NRDC 760202 Petition for Immediate Dispatch of Federal Guards or Similar Emergency Measures,Or Revocation of SSNM Licenses.Existing Safeguards Programs Adequate ML20151P4921976-02-0404 February 1976 Notice of NRDC 760202 Petition Per 10CFR2.206 Requesting Implementation of Emergency Safeguard Measures to Protect from Theft Strategic Quantities of SNM Now Held or Transported by Licensees ML20141G8581976-02-0404 February 1976 Notice of Filing of Encl Petition by Nrdc,Requesting Emergency Safeguard Measures Be Implemented to Protect Strategic Quantities of SNM Now Held or Transported by Licensees ML20151P4961976-02-0202 February 1976 Petition Requesting Implementation of Emergency Safeguard Measures to Assure Protection of Strategic Quantities of SNM Currently Held or Transported by Licensees Or,Alternatively, for Revocation of Licenses ML20141G8641976-02-0202 February 1976 Petition for Adoption of Emergency Safeguards Measures or for Revocation of Licenses to Assure That Strategic Quantities of SNM Currently Held or Transported by Licensees Protected 1981-02-25
[Table view] Category:ORDERS
MONTHYEARML20148D1101978-10-24024 October 1978 Order Denying GE cross-motion for Imposition of Sanctions on Intervenors,Dellums & Burton,For Failure to Respond to GE Discovery Requests.Referral of 780814 Ruling to NRC Also Denied ML20147C9281978-10-0505 October 1978 Order Re Intervenors' Motion for Order Suspending Preparation of SER Pending Results of Hearing.Nrc Will Show Neither the SER Nor Any Contributing Staff Member Was Biased by Ex Parte Communications ML20147C9981977-10-24024 October 1977 Show Cause Order Requiring That,Upon Completion of Present Operating Cycle on 771027,GETR Should Be Placed & Maintained Safely in Cold Shutdown Condition.Comments for Getr 771202 Meeting Encl ML20141C8601977-01-21021 January 1977 Memorandum & Order Denying NRDC 760202 Petition for Immediate Dispatch of Federal Guards or Similar Emergency Measures,Or Revocation of SSNM Licenses.Existing Safeguards Programs Adequate 1978-10-05
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, .NRC PUBLTC DOCMENT ROOV INITED STATES OF AMRICA NUCLEAR REGULA10RY CO W SSION g :::
6 4
BEFORE THE A7mIC SAFETY AND LICENSING BOARD
<!A, 18-
- \f,"s In the Matter of )
7 g@ 6 gd I
\(. p GE4ERAL ELECIRIC C04 PRE Docket Nos. 50-70 ' N2
)70-754 m 1 (Vallecitos Nuclear Center - )
(Sh m Cause)
General Electric Test Reactor) )
ORIER Intervenors Dellums and Friends of the Earth have alleged violations of the cmmission's die' against g parte cornuunications (10 CFR 92.780) by both the Licensee and the Regulatory Staff on the basis of 1) a July 11, 1978 meeting between representativcsof the Licensee and the Staff;
- 2) the minutes of that nueting indicating certain telephone calls between the Licensee and the Staff; and 3) a July 10,1978 letter from the Licensee to the Acting Director of Nuclear Reactor Regulation. Because of these alleged improprietics, we are asked to issue an order suspending the l Staff's preparation of its SER pending a shwing, at a hearing specially called for the purpose, "that neither the document itself nor any of its I
ccntributing staff members has been biased by g parte camunications."
Having considered the submissions of all the parties on this matter, we find no violation of the Cmmission's rule regarding g parte camuni-cations. As we understand it, 10 CFR S2.780 prohibits g parte contacts with the Camitssioners, members of their imnediate staffs, or other agency q 91013 0lU
( - - - - - - - - - - - - - - - - - - - - - . l ' _
4 cuployees who advise the Cmmissimers in the exercise 'of their quasi-judicial functions. Nothing before us indicates that any of the cmnunications emplained of was with Conmissioners, nonbers of their .
inmediate staffs, or with any persons who advise the Conmissioners in the exercise of their quasi-judicial ftuctions. It appears to us that all of these contacts have been between the Licensee and the Cmmtssion's Regulatory Staff (a party to this proceeding, and in no way involved in advising the Cmmissioners "in the exercise of their quasi-judicial functions"). That the Regulatory Staff is authorized to have such contacts with one or more of the parties to a proceeding during the Staff's review is made explicit in 10 CFR 2.102(a) :
"During rcview of an applicatica by the Staff, an applicant may be required to supply additional information. The staff may request any one party to the proceeding to confer with the staff informally." (anphasis supplied) l On the papers before us, we find no breach of the Cmmissioner's Rules of Practice. , ,
I
'lhe July 11, 1978 meeting took place without prior notice to these Intervenors. However, Intervenors can hardly make a significant claim of prejudice to their interests in this regard. According to Staff Counsel:
. . . Staff ccunsel did not have sufficient time after being infonned of the nueting to provide Intervenors with effective advance notice of the i
[ ._ _ _ _ _ _- - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ W_
s meeting. Staff counsel was informed of the nceting only shortly before it was to take place, but was
- t assured that minutes would be taken of the meeting /
l and muld be provided for distribution to the parties to this proceeding. Copies of the minutes, including copies of all subnittals that GE gave to the Staff at the meeting, were transmitted to the parties on July' 25, 1978, the day following preparation of the minutes.
Thus, all of the information exchanged at the July 11 meeting has been made available to the Intervencrs. Additionally, the failure of the Staff to give prior notice does not violate any Comnission rule. Even
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so, the Staff has given assurance that prior notice of any such meeting to be held in the future vill be given to the Intervenors. We are satisfied that the Staff will endeavor to meet this connitment. ,
For the reasons stated, the Intervenors' notion for an order suspending preparation of the SER pending the results of a hearing on the matters asserted is hereby denied.
SO ORDERED.
THE ATQ41C SATETY AND U CENSING BOARD
/
Db (MS
\ f eard Luton, Chairman l{.hA Dated at Bethesda, Maryland this 5th day of October 1978.
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