ML20203L958

Memorandum & Order Directing NRC to Advise ASLB & Parties by 860829 of When Herrick Will Be Replaced & Parties to Complete Discovery & File Motions for Summary Disposition.W/ Transcript Corrections of 860822 Telcon.Served on 860829

ML20203L958
Person / Time
Site:	Diablo Canyon
Issue date:	08/28/1986
From:	Bright G, Cotter B, Harbour J Atomic Safety and Licensing Board Panel
To:	JOINT INTERVENORS - DIABLO CANYON, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PACIFIC GAS & ELECTRIC CO.
References
CON-#386-519 86-523-03-LA, 86-523-3-LA, OLA, NUDOCS 8609020099
Download: ML20203L958 (8)

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f/[ SERVED AUG 29 d UNITED STATES OF AMERICA UYNRC NUCLEAR REGULATORY COMISSION ATOMIC SAFETY AND LICENSING BOARD '86 E 29 P3 :47 Before Administrative Judges: 0FFICE Cr k ;q.; L .

GCCHLiiss e s': n B. Paul Cotter, Jr. , Chairman afu e Glenn 0. Bright Dr. Jerry Harbour

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In the Matter of: ) Docket Nos. 50-275-0LA

) and 50-323-OLA PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1 and 2) August 28, 1986 MEMORANDUM AND ORDER On August 22, 1986, pursuant to 10 C.F.R. s 2.718 (1986), the Board held a telephone conference to discuss scheduling the steps necessary to reach hearing in this proceeding. Participating in the conference ,

were: Bruce Norton and Philip A. Crane, Jr. for the Applicant, Pacific Gas and Electric Company (PG&E); Nancy Culver for the Mothers for Peace;

- Richard B. Ferguson for the Sierra Club; Dian M. Grueneich for both the Mothers for Peace and the Sierra Club; Lauric McDermott for Consumers Organized for Defense of Environmental Safety (C0 DES); and Lawrence J.

Judges Cotter and Bright constituted a quorum of the Board in the absence of Judge Harbour who was in hearing in another proceeding. 10 C.F.R. 6 2.721(d)(1986).

8609020099 PDR 860828ADOCK PDR 05000275

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4 Chandler and Henry J. McGurren far the Nuclear Regulatory Comission Staff.

Petitioners Mothers for Peace, CODES, and the Sitrra Club were admitted as parties to the proceeding by memorandum and order dated June 27, 1986. It appears that no discovery has been initiated since then with one exception.

That exception is the information exchanged, pursuant to the Board's direction, between PG&E and the Sierra Club in connection with the latter's Contention (I)(A). By a report served August 15, 1986, Dr.

Ferguson stated on behalf of the Sierra Club that he considered Contentions (I)(A)(1), (2), (5), and (6) resolved as a result of the information he had obtained. See Tr. 227. The Board noted in its June 27, 1986 Memorandum and Order at page 20 that " ... the contention, as worded, goes to the availability of the data cited, not its accuracy or adequacy." Accordingly, the Board finds (1), (2), (5), and (6) of

~ Contention (I)(A) to be resolved and withdrawn from this proceeding.

Contention (I)(A) now consists of subparts (3) and (4) only. Any ,

petition for reconsideration of this' ruling shall be received by the Board on or before September 12, 1986.

The Board proposed a schedule for completing discovery, filing motions for Sumary Disposition, and commencing hearing (Tr. 235-236) that was discussed by the parties. The Board proposal would have l

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. allowed seven and a half weeks to complete discovery (fifteen and a half weeks since the parties were admitted). Alternate schedules and proposals were suggested. Tr. 244-246, 250-254. Counsel for the NRC Staff, Mr. Chandler, reported that Dr. Herrick, the principal author of the structural analysis underlying a significant portion of the Staff's Safety Evaluation Report for the spent fuel pools, had died recently.

Staff counsel was requested to report to the Board on or before August 29, 1986, the Staff's best estimate of how soon a replacement for Dr. Herrick would be obtained for purposes of discovery. Tr. 247, 253-254.

Eight contentions have been admitted to the proceeding, one infonnational in nature and four with multiple subparts. In light of the parties' concerns, the Board has concluded that a longer period of discovery would be beneficial and has expanded its initial proposed discovery period by eight weeks. Accordingly, the Board sets the following schedule for completing discovery and proceeding to hearing:

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DATE EVENT Septenter 16, 1986 First round of interrogatories and requests for production of documents filed by all parties.

! October 3, 1986 All answers to first round of l

interrogatories and requests for ,

i production of documents filed.

October 20, 1986 Last round of interrogatories (if needed) l t -

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and requests for production of documents filed by all parties.

November 6, 1986 All answers to last round of interrogatories and requests for production of documents filed.

December 8, 1986 All depositions scheduled and completed.

December 29, 1986 All motions for Summary Disposition filed.

January 23, 1987 All answers to motions for Summary Disposition filed.

February 18, 1987 Board issues ruling on motions for Summary Disposition.

Marr.h 11, 1987 All prefiled testimony filed.

March 26, 1987 Hearing begins.

In the event no motions for Summary Disposition are filed, the schedule will remain the same for completing interrogatories, production of documents, and depositions with the remaining steps to be completed as folicws:

DATE EVENT Deccaber 29, 1986 All prefiled testimony filed.

January 15, 1987 Hearing begins.

The foregoing schedule sets dates as maximums. The parties are enco eaged to engage in prompt, voluntary discovery.

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Appended to this memorandum and order is a list of transcript corrections, most of which relate to misidentified speakers. Any additional corrections should be submitted to the Board on or before September 16, 1986.

ORDER For all the foregoing reasons and in consideration of the entire record in this matter, it is this 28th day of August,1986 ORDERED

1. That the NRC Staff shall advise the Board and parties promptly, on or before August 29, 1986 if possible, as to when Dr. Herrick can be expected to be replaced;

2. That the parties shall complete discovery and file motions for Summary Disposition and prefiled testimony in accordance with the schedule prescribed in the foregoing memorandum; and

3. That the hearing in this proceeding is scheduled to commence on March.26, 1987 if Summary Disposition motions are filed or i

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on January 15, 1987 if no such motions are filed.

4 THE ATOMIC SAFETY AND LICENSING S0ARD fd B. Padl Cotter, Jr. , irman ADMINISTRATIVE JUDGE i

!), / . lf Glenn 0. Brigh?

ADMINISTRATIVE UUDGE

/kl $

'Jerfy Harbour /'

ADMINISTRATIVE JUDGE i

Dated at Bethesda, Maryland, this 28th day of August, 1986.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

B. Paul Cotter, Jr., Chairman Glenn 0. Bright Dr. Jerry Harbour In the Matter of: Docket Nos. 50-275-OLA

) and 50-323-OLA PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, )

Units 1 and 2) ) August 28, 1986

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TRANSCRIPT CORRECTIONS Listed below are corrections to the telephone prehearing conference held Friday, August 22, 1986 in the captioned proceeding. The parties are requested to submit to the Board any corrections or additions on or before September 16, 1986.

Transcript Page and Line Correction

1. 226; 3: PHIL GRANT, ESQ. 1. PHILIP A. CRANE, JR., ESQ.

2. 226; 7: NANCY CULZER 2. NANCY CULVER

3. 226; 11: DIANNE GRUENEICH 3. DIAN M. GRUENEICH

4. 226; 14: [ BLANK] 4. On behalf of the NRC Staff:

LAWRENCE J. CHANDLER, ESQ.

HENRY J. McGURREN, ESQ.

5. 227; 11: Laurel 5. Laurie

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6. 228; 5, 15, 22, 25: 6. MS. McDERM0TT MS. CULZER

7. 229; 4: MS. CULZER 7. MS. McDERM0TT j l

8. 229; 9: MR. GRUENEICH 8. MS. GRUENEICH

9. 230; 11: Laurel 9. Laurie

10. 233; 12: MS. CULZER 10. MR. CHANDLER

11. 242; 22: MR. FERGUSON 11. MR. CHANDLER

12. 248; 7: MS. CULZER 12. MS. CULVER

13. 249; 7: MS. CULZER 13. MS. CULVER

14. 249; 14: Laurel 14. Laurie

15. 249; 15: Culzer 15. Culver

16. 261; 18, 23: MS. CULIER 16. MS. CULVER

17. 262; 3: to the party - 17 . to the parties o

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