ML20216E204

Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730

ML20216E204
Person / Time
Site:	Harris
Issue date:	07/29/1999
From:	Bollwerk G Atomic Safety and Licensing Board Panel
To:	CAROLINA POWER & LIGHT CO.
References
CON-#399-20692 99-762-02-LA, LA, NUDOCS 9908020101
Download: ML20216E204 (7)

Text

'. 206?7_.

i UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USSEC ATOMIC SAFETY AND LICENSING BOARD -

9 P3'.M Before Administrative Judges:

G. Paul Bollwerk, III, Chairman Frederick J. Shon 0]{

g).jti .J Dr. Peter S. Lam

~

In the Matter of SERVED JUL 3 0199 Docket No. 50-400-LA CAROLINA POWER & LIGHT COMPANY ASLBP No. 99-762-02-LA (Shearon Harris Nuclear July 29, 1999 Power Plant)

MEMORANDUM AND ORDER (Granting Request to Invoke 10 C.F.R. Part 2, Subpart K Procedures and Establishing Schedule)

In response to the Licensing Board's July 12, 1999 memorandum and order admitting petitioner Board of Commissioners of Orange County, North Carolina, (BCOC) as a party to this proceeding, see LBP-99-25, 50 NRC (July 12, 1999), in a filing dated July 21, 1999, applicant Carolina Power and Light Company (CP&L) has requested that this proceeding be conducted in accordance with the hybrid hearing procedures of 10 C.F.R. Part 2, Subpart K. In addition, CP&L has proposed a schedule for the ninety-day discovery period permitted under 10 C.F.R. S 2.1111, submitting the written summaries provided for under section 2.1113(a), and holding the oral argument mandated by section 2.1113(a) concerning whether there are disputed 9900020101 990729 PDR Q

ADOCK 05000400 PDR ]p $

O i

I issues of law or fact that require resolution in an I

l evidentiary hearing. In its request, CP&L also indicated i

l that while the staff agrees with this schedule, which would culminate in an oral argument in mid-December 1999, intervenor BCOC was unable to agree or disagree because of i the unavailability of one of its experts.

To obtain more information regarding BCOC's position, on July 27, 1999, we conducted a telephone conference with the parties. Citing scheduling problems regarding the availability of its experts and its counsel, BCOC suggested a schedule under which the oral argument be held in i mid-January 2000. Both CP&L and the staff objected to this i

request, asserting the BCOC had failed to demonstrate  !

l sufficient grounds for its alternative schedule. l I

Under section 2.1109 (a) (1) , a timely request by any party to a spent fuel storage expansion proceeding to invoke I the Subpart K hybrid hearing procedures must be approved.

Accordingly, we arant the July 21, 1999 CP&L request to proceed under Subpart-K. Further, bearing in mind the various parties' concerns about scheduling as expressed during the July 27 telephone conference, we establish the following timetable for utilizing the Subpart K procedures:

Discovery Begins Monday, August 2, 1999 Discovery Ends Sunday, October 31, 1999 Written Summaries Filed Monday, December 20, 1999 L

J 8

Oral Argument Tuesday, January 4, 2000

~

Relative to.this schedule, we make the following additional observations. Although we explored with the

. parties the utility of using informal discovery methods (e.g., document' exchanges and witness interviews) during the first portion of the discovery period, CP&L suggested that given the limited time period involved, this would not result in any significant time or resource savings. Neither BCOC nor the staff voiced strong objections to this position. Accordingly, we will permit the ab initio use of

- the formal discovery techniques set forth in 10 C.F.R.

SS 2.740 .744. As we noted during the telephone conference, however, we expect that all the parties will attempt to be

- as specific as possible in their information requests and provide access to requested documents and knowledgeable a individuals-to the maximum degree possible.

In connection with the discovery process, the parties <

also-are advised of the following limitations and j guidelines:

.l. Absent prior leave of the Board or written stipulation, relative to each admitted contention each party may serve'on theLother two parties not more than fifteen

' interrogatories per party, including all discrete subparts, and not'more than three deposition notices per party.

l L.

IL 1

! )

i 3

l l

2. .To be timely, a discovery request must permit a 1

timely response on or before the day the discovery period l

! closes.2 Likewise,: depositions should be scheduled to conclude on or before the date discovery closes.

i'

3. . Absent some'other agreement of the parties, discovery requests and responses (including requests for j admissions) should be served on the Board (if required by

( -agency. rules) and the other parties by e-mail, facsimile l transmission, or other means that will ensure receipt on the day of filing, with conforming paper copies to follow.

4. As part of any motion to compel / motion for H protective order, counsel for the moving party shall provide i l

a certification that he:or she previously has (a) provided the opposing party to whom'the motion is directed.a clear and concise written statement of the asserted deficiencies i

or. objections and'the requested action relative to the {

. discovery request; and (b) after providing this statement, consulted with that party's counsel in an attempt to resolve ;

i all the disputed matters without Board action.

Finally, for planning purposes, the parties should be aware-that the Board intends to conduct the Subpart K oral 2

The. filing deadlines specified for interrogatory, l admission, and document production responses can be extended 1 by agreement of the parties involved so long as the response ,

does not run beyond the scheduled discovery cut-off date. i The filing deadline for motions to compel can be extended only.by leave of the Board. i l

I-c 4

.g argument'in the Atomic Safety and Licensing Board Panel Hearing Room at NRC Headquarters.in.Rockville, Maryland. In l

)

addition, the parties ~are' advised that the Board intends to i conduct one.or.more sessions to receive 10 C.F.R. S 2.715(a) limited appearance statements in the vicinity of the Shearon. .

Harris facility during the first half of December 1999.2 Additional details on these sessions will be provided at a clater time.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 3

. 1 be G. Paul Bollwerk, III ADMINISTRATIVE JUDGE Rockville,LMaryland July 29, 1999 ,

l

• If the parties have any suggestions regarding

! potential appropriate venues for limited appearance sessions, they should contact Licensing Board Panel ,

administrative director Jack Whetstine at (301) 415-7319 on L or before Fridav, Aucust 13, 1999.

Copies'of this memorandum and order were sent this  !

date by Internetfe-mail transmission to counsel for (1) i applicant CP&L; (2) petitioner BCOC; and (3) the staff.

l 4 1

{ :-

t UNITED STATES OF AMERICA ,

~

NUCLEAR REGULATORY COMMISSION In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket No. 50-400-LA

)

(Shearon Harris Nuclear Power Plant) )

CERTIFICATE OF SERVICE l hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (GRANTING REQUEST TO INVOKE 10 C.F.R. PART 2, SUBPART K PROCEDURES AND ESTABLISHING SCHEDULE) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

1 Office of Commission Appellate Administrative Judge Adjudication G. Paul Bollwerk, Ill, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555

]

i Administrative Judge Administrative Judge

' rederick J. Shon Peter S. Lam

]

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission ' U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Richard G. Bachmann, Esq. Diane Curran, Esq.

Susan L. Uttal, Esq. Harmon, Curran, Spielberg Office of the General Counsel & Eisenberg, L.L.P.

Mail Stop - O-4 F20 1726 M Street, NW, Suite 600 U.S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 William D. Johnson John H. O'Neill, Jr., Esq.

Vice President and Senior Counsel William R. Hollaway, Esq.  !

Carolina Power & Light Company Shaw, Pittman, Potts & Trowbridge P.O. Box 1551 2300 N Street, NW Raleigh, NC 27602 Washington, DC 20037 l

l l

f;i.

4 i.

2 g Docket No. 50-400-LA YK4tbre Office of the Secretary ofthe Comrr(s'sion 1

Dated at Rockville, Maryland, this 3Q* day of July 1999

(

I I

1 l

l

)