ML20236N804
| ML20236N804 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/09/1987 |
| From: | Johari Moore NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#487-4818 OL, NUDOCS 8711170014 | |
| Download: ML20236N804 (5) | |
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,N 00CKETED USNRC-r November 9,jy98g g :
. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 0FFICE 0; ggggg 74gy.
00CXC11No4-stgyggp' BRANCH
.BEFORE THE ATOMIC SAFETY AND LICENSING BOARD.
v In-the Matter of
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-TEXAS UTILITIES ELECTRIC
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. Docket Nos. 50-445-OL COMPANY, ET 'AL.
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50-446-OL l
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(Comanche Peak Steam Electric
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Station, Units 1-and 2)
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NRC-STAFF COMMENTS ON THE LICENSING BOARD'S PROPOSED SCHEDULE l.
INTRODUCTION
.i At.the prehearing. conference which took place on November 2-3, 1987, the Licensing Board in the above-captioned proceeding. orally presented its ideas concerning the schedule to be adopted for this proceeding. Tr. 25142.
The Board requested comments from the parties concerning the schedule it proposed.
Id.
The Staff's comments are set forth below.
II.
DISCUSSION The Staff has two comments it wishes to make with regard to the Board's scheduling proposals.
First, the Staff wishes to reiterate its position that even if the schedule concerning a particular Project Status Report (PSR) has progressed to the point where the issues are ready for hearing, the hearings should not start until the Collective Significance Report has been issued, and a reasonable time has been allowed for the 8711170014 BN 45 y[
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Staff to review ;the report.
The Staff wishes the Board to make-this ~
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L point ' in 'Its order, In case the issuance of.the Collective Significance Report. Is delayed beyond the time when the schedule with respect to the-
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first PSRs E to be issued would provide for the commencement of the hearing. O The Staff does not mean that the Staff's evaluation of the Collective.
Significance Report must be issued and the issues with respect to that report must be identified before the hearings start.
Rather, the Staff' i
submits that a period of ' 30 days after the report is issued should be allotted for the Staff's review before the hearings would commence. While the Staff might not hrve issued a written evaluation of the report by that time, our review would be sufficiently complete to determine whether the a
s report affects any of the conclusions expressed in the Staff's evaluations of the PSRs.
In addition, during that time the Staff and the other parties can determine whether there are issues relating to individual PSRs which would be more appropriate for litigation as part of the issues relating to the Collective Significance Report.
The Sta ff's second comment on the Board's scheduling proposals concerns the discovery to be afforded to the parties after the identification of issues by Intervenor.
The schedule does not provide either for the identification of witnesses by CASE, or for time to engage in discovery of CASE.
The Staff submits that the Board's order should require CASE as part of its identification of issues to identify the
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It is the Staff's understanding that the first two PSRs were issued on November 2,1987.
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- i m witnesses, 'if any, CASE Intends to offer on the issues. The Staff and/or i
the Applicant should then be given a limited time for discovery of CASE.
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CONCLUSION With the two suggestions set forth by the Staff herein, the Board should ' adopt the schedule it proposed on November 3,1987.
R*spectfully submitted, dM bd Janice E. Moore i
Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of November,1987 5
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.i bI DOWETED USNRC j
UNITED STATES' OF AMERICA
. NUCLEAR REGULATORY COMMISSION
. '87 _ NOV 13 P3 J46 i
BEFORE THE ATOMIC SAFETY AND LICENSING BOARQ rice Of.5MiETMy F
00CKEitNG A scpyle;'
BRANC6i in the Matter of
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.. TEXAS UTILITIES ELECTRIC
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Docket Nos. 50-445-OL '
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50-446-O L.
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.,(Comanche Peak Steam Electric
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, Station, Units 1 and 2)
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t-CERTIFIC ATE - OF -SERVICE I hereby certify' that copies-of "NRC STAFF COMMENTS ON ?THE i
LICENSING B OA R D'S - PROPOSED SCHEDULE" in the above-captioned proceeding' have ~ been = served on the following 'by deposit in. the' United
. States mail, first class, :or, as indicated by an asterisk, through. deposit '
in the Nuclear Regulatory Commission's internal mail system, this 10th day of -November, 1987; or as indicated by double asterisks, by use of l
' express mail, the 9th day of November,1987:
Peter B. Bloch, Esq., Chairman
- Mrs. Juanita Ellis Administrative Judge President, CASE E
Atomic Safety and Licensing Board 1426 South Polk Street U.S. Nuclear Regulatory Commission Dallas, TX 75224 Washington, DC 20555-Renea Hicks, Esq.
Dr. Kenneth A. McCollom**
Assistant Attorney General Administrative Judge Environmental Protection Division 1107 West Knapp P.O. Box 12548, Capital Station Stillwater, OK 74075 Austin, TX 78711 Elizabeth B. Johnson Robert A. Wooldridge, Esq.
Administrative Judge Worsham, Forsythe, Samples Oak. Ridge National Laboratory
& Wooldridge P.O. Box X, Building 3500 2001 Bryan Tower, Suite 3200-Oak Ridge, TN 37830 Da!'as, TX 75201 Dr. Walter H. Jordan **
Joseph Gallo, Esq.
l Administrative Judge Isham, Lincoln s Beale 881 W. Outer Drive Suite 1100
. Oak Ridge, TN 37830 1150 Connecticut Avenue, N.W.
J Washington, DC 20036 l
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L Billie Pirner Garde Mr. W.' G. Counsli
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GAP - Midwest Office -
Executive Vice President
.104 E. Wisconsin Avenue - B Texas Utilities Generating Company Appleton,. WI 54911-4897 400 North Oilve Street, L.B.- 81 Dallas, TX 75201 L
William ' L. Brown, Esq.*
Anthony Z. Roisman, Esq.
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LU.S. Nuclear Regulatory Commission Suite 600 611 Ryan Plaza Drive,. Suite 1000 1401 New York Avenue,. NW q
Arlington, TX 76011 Washington, DC 20005-
' Asst. Director for inspec. Programs William H. Burchette, Esq..
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~ Comanche Peak Project Division Mark D. Nozette, Esq.
l U.S. Nuclear Regulatory Commission Heron, Burchette, Ruckert.
P. O. Box 1029
& Rothwell, Suite 700 Granbury, TX 76048 1025' Thomas Jefferson Street, N.W.
Washington, DC 20007-Lanny Alan Sinkin James M. McGaughy Christic institute GDS Assoc. Inc.
1324 North Capitol Street 1850 Parkway Pl., Suite 720
' Washington, DC 20002 Marietta, GA 30067
. Robert D. Martin
- Atomic' Safety and Licensing Board U.S. Nuclear Regulatory Commission Board Panel
- 611 Ryan Plaza Drive, Suite 1000 U.S Nuclear Regulatory Commission l
Arlington, TX 76011 Washington, DC 20555 Robert A. Jablon, Esq.
Atomic Safety and Licensing Appeal Spiegel S McDiarmid Board Panel
- 1350 New York Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20005-4798 Washington, DC 20555 Thomas G. Dignan, Esq.
Docketing and Service Section*
Ropes 1, Gray Office of the -Secretary 225 Frank!!n Street U.S. Nuclear Regulatory Commission
. Boston, MA 02110 Washington, DC 20555 Jack R. Newman, Esq.
Newman & Holtzinger, P.C.
Suite - 1000 1615. L' Street, N.W.
- Washington, D.C.
20036 3
Janice E. Moore Counsel for NRC Staff
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