ML20206G995

Memorandum & Order (Hearing Schedule).* Hearing Shall Commence in Avila Beach,Ca on 870612.Discovery Will Be Completed on or Before 870527,per Described Procedures. Served on 870413

ML20206G995
Person / Time
Site:	Diablo Canyon
Issue date:	04/09/1987
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-#287-3085 86-523-03-LA, 86-523-3-LA, OLA, NUDOCS 8704150215
Download: ML20206G995 (5)

Text

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, 3055 DOCKETED UNITED STATES OF AMERICA U$NRC l

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Tl APR 13 P2 50 1

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Before Administrative Judges:

orrice er !Ecp)rary 00CMblNG t. SE VICj,

! B. Paul Cotter, Jr., Chairman BRANCH l Glenn 0. Bright l Dr. Jerry Harbour SERVED APR 131987 i

In the Matter of: Docket Nos. 50-275-OLA and 50-323-OLA PACIFIC GAS AND ELECTRIC COMPANY (ASLBPNo. 86-523-03-LA)

(DiabloCanyonNuclearPowerPlant, Units 1and2) April 9, 1987 1

MEMORANDUM AND ORDER (HearingSchedule)

On April 8,1987, the Board held a prehearing status conference by telephone with the parties to the captioned proceeding. Participants l

l included Bruce Norton for the Licensee Pacific Gas and Electric Company; Edwin F. Lowry for the Sierra Club; and Lawrence J. Chandler and Benjamin H. Vogler for the NRC Staff. The purpose of the conference was:

1. To determine what discovery remained to be completed; i 2. To discuss furnishing certain documents in computer readable form; and 1 sos L _ --- - - - - - - _ - - _ _ _ - - - - _ - - - - - . - - _ - _ - - - - - --____-_ ___-_

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3. To establish a date for commencing hearing.

Mr. Chandler reported that the Staff would make one of its -

witnesses, Mr. De Grassi, available to the Sierra Club for an interview and that the Staff was preparing a response to Mr. Lowry's March 25, ,

1987 letter. Mr. Chandler also stated that the Staff had received answers to all but one of several questions recently directed to the Licensee; Mr. Norton stated that the last response would be received by the Staff by April 17, 1987. Mr. Lowry stated that he also needed modeling information and copies of the Licensee's response to the Staff's questions ("the report").

Mr. Norton and Mr. Lowry agreed that Mr. Norton would send the report of its answers (described as 3/8 inch thick) together with a I nondisclosure agreement directly to Dr. Ferguson on April 8, 1987, with a copy to Mr. Lowry. Because the report includes proprietary infor- <

mation, Mr. Lowry agreed that Dr. Ferguson would sign the nondisclosure agreement before reading any part of the report. Mr. Norton stated that Dr. Ferguson could call the Licensee directly for answers to questions the report might raise in his mind, and, if Dr. Ferguson decided he needed another specialist, the report would be made available, con-tingent on the specialist also signing a nondisclosure agreement prior e

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to examining the report. In view of this limited number of discovery ,

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issues, all discovery shall be completed on or t,efore May 27, 1987.

Following a discussion of schedules, the Board concludes that the  ;

hearing will commence at 9 a.m. on June 16, 1987, in the Bay Room of the ,

dan Luis Bay Inn, Avila Beach, California. The parties had agreed to comence the hearing on June 15, 1987, but some time must be allowed for.

travel and limited appearance statements. The parties estimated that -

the hearing would take two to three days to complete.

The parties shall file with the Board and serve on each other prefiled testimony and proposed findings of fact and conclusions of law on or before June 5,1987. The profiled testimony shall state which ,

findings and conclusions it is intended to support. A simple reference to a numbered paragraph will suffice. The parties will be given an opportunity, perhaps in simultaneous filings, to revise their proposed j findings and conclusions after the close of the hearing..

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The Board reported it seeks to capture as much of the record as possible in a form readable by the Board's IBM XT personal computers and to that end will obtain computer readable diskettes of the transcript of the hearing. The Board inquired of the parties whether they could furnish the Board with computer readable diskettes of profiled testimony of their proposed findings of fact and conclusions of law. This O

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l requirement would be in addition to the normal hard copy filings required by the Board's rules of procedure in 10 C.F.R. Part 2 (1987).

j All parties reported having IBM personal computer equipment, and it was agreed that the Board would issue a proposed order for comment i

describing the computer readable filing requirement.

ORDER For all the foregoing reasons and upon consideration of the entire record in this matter, it is this 9th day of April 1987 ORDERED

1. That discovery will be completed on or before May 27, 1987 in accordance with the procedures described above;

2. That prefiled testimony and findings of fact and conclusions of law as described above shall be received by the Board and the parties on or before June 5,1987;

3. That the hearing shall commence in the Bay Room of the San l

Luis Bay Inn, Avila Beach, California, at 9 a.m. on Tuesday, June 16, 1987 and continue from day to day until completed; and  !

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> 4. That limited appearance statements will be held from 3 to 6

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p.m. at the same location on Monday, June 15, 1987. -

THE ATOMIC SAFETY AND LICENSING BOARD I B. P&ul Cotter. D7 airman ADMINISTRATIVE JUC'GE

d. b W Glenn 0~ Bright v ADMINISTRATIVE JUDGE

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N?=j:f!+f.

Dr'.'JerrfHarbour ADMINISTRATIVE JUDGE l

i Dated April 9, 1987, Bethesda, Maryland.

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