ML20148B215

Response to Applicant Addendum to Motion for Dismissal. Intervenor Asserts That Stephens & Pohl Regarded by Intervenor as Experts on Issue of Decommissioning. Certificate of Svc Encl

ML20148B215
Person / Time
Site:	Summer
Issue date:	09/30/1978
From:	Bursey B AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7810310118
Download: ML20148B215 (3)

Text

-g qq-e ' . '. ' - ' UNITED STATES OF AMERICA'

,[ - NUCLEAR. REGULATORY COMMISSIONNRC PUBLTC DOCMTENT R l I -In-the Matter'of , ((

South Carolina Electric & u l

Gas-Company, Et A1.. ) Docket No. 50-395 '

) @ g i- '(Virgil C. Summer Nuclear ) At Station) ) If p7 .A ~ l 6h 5 --

• s l INTERVENER'S RESPONSE T0 '

APPLICANT'.S ADDENDUM TO MOTION to y FOR DISMISSAL g i .

l The record clearly shows that Mr. Stephens and Mr. Pohl

are regarded'by the intervener as experts whose position on j l

I decommissioning are a matter of public record. The intervener clearly stated during his deposition ( August 2,1978), in response to a question by staff council (page 45 line 23), H "Have you contacted each of the individuals identified in i

} your responses as witnesses that you would like to call as -l witnesses in this proceeding?"; Answer,"... Pohl and Stephens.

Those are the only two that myself or my wife have.not talked l

, to." Intervenor then added the names of Jenkins, Summer,_Gotchy 1

• '! and Radford as prospective witnesses not contacted. l I

! The intervenor again must assert that Dr. Pohl's paper on 1

. decommissioning ( Stephens assisted Pohl as a graduate student I at Cornell)- which is'a matter of record- establishes the per- 1 i

ameters of Dr. Pohl's testimony.+

Mr Henery Eckhart told the intervenor on October 3, that council for the applicant asked if he had been retained by the intervenor to appear before the N.R.C. to which he anwsered no.

Mr Eckhart did not profess the total ignorance of the matter the applicant asserts. Mr Eckhart told the intervenor he d'id indeed recall conversations about the relationship of his prior

')' testimony to the V.C. Summer plant durring his 1977 trip to S.C.

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Mr Eckhart further stated his willingr.ess to appear on behalf of the intervenor pending financial arrancjements.

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The intervenor' wishes to.reserveLthe'right to subpoena Mr.

t Eckhart,Jand maintain'his.. standing-as a " prospective" wittness.  ;

-The-intervenor' emphatically asserts'that the comp 1aint h

' contained within-the' applicant's supplementary motion are  ;

j- without substance, and totally contridicted by the record.

-The applicant.'s motion for dismillal is without merit and'should l not be granted.

1 Respectfully sutmitted, -1

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Brett Bursey a l 4 il September 30, 1978 q

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UNITED STATES OF AMERICA - -4 NUCLEAR REGULATORY COMMISSION b qu(fp gy,,n,a, q, 09 #

-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD gg 4 c.

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In the Matter of )

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SOUTH CAROLINA ELECTRIC & GAS ) Docket No 50-395 COMPANY )

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Virgil C. Summer Station, Unit 1)

CERTIFICATE OF SERVICE

. 1 I hereby certify that copies of " INTERVENER'S RESPONSE TO APPLICANT'S ADDENDUM TO MOTION FOR DISMISSAL" in the above captioned proceeding j have-been served on the following deposit in the United States mail, first class, this 30th day of September, 1978 l Ivan W. Smith, Esq. Rich'ard P. Wilson Esq. ,

Atomic Safety and Licensing Board Assistant Attorney General l U.S. Nuclear Regulatory Commission S.C. Attorney General's Office I Washington, D.C. 20555 P.O. B0X 11549 i Columbia, South Carolina 29211  !

! Dr. Frank F. Hooper

! University of Michigan Troy B. Conner, Jr., Esq.

Camp Filibert Roth Conner, More&Corber l

! Lron River, Michigan 49935 1747 Pennsylvania Avenue, N.W.

t Washington, D.C. 2000$

Mr. Gustave A. Lineberger  :

Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel '

Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George Fischer. Esq.

Vice President and General Councel Atomic Safety and Licensing South Carolina Electric and Gas Appeal Panel (5)

Company U.S. Nuclear Regulatory Commission Post Office Box 764 Washington, D.C. 20555

Columbia, South Carolina 29202

! Docketing and Service Section (31 i

Office of the Secretary U.S. Nuclear Regulatory Commissi3n l

Washington, D.C. 20555 i

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