|
---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196G4021999-06-18018 June 1999 Comment on FRN Re Rev of NRC Enforcement Policy NUREG-1600, Rev 1 & Amend of 10CFR55.49.Concurs with Need to Provide Examples That May Be Used as Guidance in Determining Appropriate Severity Level for Violations as Listed ML20206H1881999-05-0606 May 1999 Exemption from Requirements of 10CFR50,App K Re ECCS Evaluation Models. Commission Grants Licensee Exemption ML20206M5111999-04-30030 April 1999 Comment Supporting Draft RG DG-1083 Re Content of UFSAR IAW 10CFR50.71(e). Recommends That Listed Approach Be Adopted for Changes to Documents Incorporated by Ref CY-99-007, Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-0071999-02-22022 February 1999 Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-007 TXX-9825, Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps1998-12-14014 December 1998 Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps ML20154C4101998-09-30030 September 1998 Comment Re Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Comanche Peak Electric Station Endorses NEI Comment Ltr & Agrees with NEI Recommendations & Rationale ML20216E1051998-04-0707 April 1998 Comment Supporting Draft RG DG-1029 Titled Guidelines for Evaluating Electromagnetic & Radio-Frequency Interference in Safety-related Instrumentation & Control Sys ML20217H3611998-03-26026 March 1998 Comment Opposing Draft GL 97-XX, Lab Testing of Nuclear Grade Charcoal, Issued on 980225.Advises That There Will Be Addl Implementation Costs ML20198Q4851998-01-16016 January 1998 Comment Opposing PRM 50-63A by P Crane That Requests NRC Amend Regulations Re Emergency Planning to Require Consideration of Sheltering,Evacuation & Prophylactic Use of Potassium Iodide for General Public ML20211A4871997-09-12012 September 1997 Changes Submittal Date of Response to NRC RAI Re Proposed CPSES risk-informed Inservice Testing Program & Comments on NRC Draft PRA Documents ML20149L0311997-07-21021 July 1997 Comment on Draft Guides DG-1048,DG-1049 & DG-1050.Error Identified in Last Line of DG-1050,item 1.3 of Section Value/Impact Statement.Rev 30 Should Be Rev 11 ML20140A4871997-05-27027 May 1997 Comment Opposing Proposed Rule Re Safety Conscious Work Environ.Util Agrees W/Nuclear Energy Inst Comment Ltr ML20133G5411996-12-0505 December 1996 Transcript of 961205 Meeting in Arlington,Tx Re Comanche Peak Thermo-Lag Fire Barriers. Pp 1-111 ML20135B7881996-11-29029 November 1996 Order Approving Corporate Restructuring of TU to Facilitate Acquistion of Enserch Corp ML20128M8011996-10-0303 October 1996 Comment Opposing Proposed NRC Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20097D7321996-02-0909 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Re CPSES Request for Amend to Its Regulations Dealing W/Emergency Planning to Include Requirement That Emergency Planning Protective Actions for General Public Include Listed Info ML20094Q6421995-11-28028 November 1995 Comment Supporting Petition for RM PRM-50-62 Re Amend to Regulation Re QAPs Permitting NPP Licensees to Change Quality Program Described in SAR W/O NRC Prior Approval If Changes Do Not Potentially Degrade Safety or Change TSs ML20094H4801995-11-0808 November 1995 Comment Supporting Nuclear Energy Inst Comments on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel or high-level Radwaste ML20091M6441995-08-25025 August 1995 Comment Opposing Proposed Rule Re Review of Revised NRC SALP Program.Believes That NRC Should Reconsider Need for Ipap or SALP in Light of Redundancy ML20086M7921995-07-0707 July 1995 Comment Supporting Proposed GL Process for Changes to Security Plan Without Prior NRC Approval ML20084A0181995-05-19019 May 1995 Comment Suporting Proposed Rule 10CFR50 Re Containment Leakage Testing.Supports NEI Comments ML20077M7311994-12-30030 December 1994 Comments Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20077L8711994-12-22022 December 1994 Comment Supporting Proposed Rule 10CFR50,55 & 73 Re Reduction of Reporting Requirements Imposed on NRC Licensees ML20073B6731994-09-19019 September 1994 Affidavit of Cl Terry Re License Amend Request 94-015 ML20073B6951994-09-19019 September 1994 Affidavit of Cl Terry Authorizing Signing & Filing W/Nrc OL Amend Request 94-016 ML20058E0561993-11-10010 November 1993 Comment on Proposed Rule Re Staff Meetings Open to Public. Believes That NRC Has Done Well in Commitment to Provide Public W/Fullest Practical Access to Its Activities ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20045D8321993-06-11011 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54, FSAR Update Submittals. ML20044F3271993-05-21021 May 1993 Comments on Draft NRC Insp Procedure 38703, Commercial Grade Procurement Insp, Fr Vol 58,Number 52.NRC Should Use EPRI Definitions for Critical Characteristics ML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20056C1881993-03-17017 March 1993 Order.* Directs Util to Respond to Motion by COB 930319 & NRC to Respond by COB 930322.W/Certificate of Svc.Served on 930317 ML20128D9651993-02-0303 February 1993 Memorandum & Order.* Stay Request Filed by Petitioners Denied.W/Certificate of Svc.Served on 930203 ML20128F6221993-02-0303 February 1993 Transcript of 930203 Affirmation/Discussion & Vote Public Meeting in Rockville,Md.Pp 1-2.Related Info Encl ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D3461993-01-29029 January 1993 NRC Staff Notification of Issuance of OL for Facility.* Low Power License May Be Issued by 930201.W/Certificate of Svc ML20128D6321993-01-29029 January 1993 Memorandum & Order.* Denies Citizens for Fair Util Regulation for Fr Notice Hearing on Proposed Issuance of OL for Facility.W/Certificate of Svc.Served on 930129 ML20127L9321993-01-26026 January 1993 Affidavit of Re Architzel Re Thermo-Lag Installation at Testing for Unit 2.* Statement of Prof Qualifications Encl ML20128D6111993-01-26026 January 1993 Joint Affidavit of I Barnes & Ft Grubelich Re Borg-Warner Check Valves.* Discusses Issues Re Borg-Warner Check Valves Raised by Cfur & Adequacy of Actions Taken by TU Electric ML20127L9181993-01-26026 January 1993 NRC Staff Reply to Cfur Request for Publication of Proposed Action Re Licensing of Unit 2.* Cfur Request That Notice Re Licensing of Unit 2 Be Published Permitting Parties to Request Hearings Should Be Denied ML20127L9661993-01-26026 January 1993 Affidavit of Rl Pettis Re Borg-Warner Check Valves.* Statement of Prof Qualifications & Certificate of Svc Encl ML20127L9091993-01-25025 January 1993 Tx Util Electric Response to Citizens for Fair Util Regulation Request of 930113.* Request Fails to Raise Worthy Issue & Should Be Denied.W/Certificate of Svc ML20127L8891993-01-21021 January 1993 Order.* License Should File Response to Citizens for Fair Util Regulation Ltr Requesting That Commission Issue Fr Notice Providing for Opportunity for Hearing Re Issuance of OL by 930125.W/Certificate of Svc.Served on 930122 ML20127G9191993-01-19019 January 1993 Order.* Grants Petitioners Extension of Time Until 930122 to File Brief.Replies to Petitioners Brief Shall Be Filed on or Before 930208.W/Certificate of Svc.Served on 930119 ML20127G9441993-01-19019 January 1993 TU Electric Brief in Opposition to Petitioners Appeal of ASLB Memorandum & Order.* Requests That Petitioners Appeal Be Denied & Licensing Board 921215 Memorandum & Order Be Affirmed.W/Certificate of Svc ML20127G8041993-01-15015 January 1993 NRC Staff Response to Appeal of Licensing Board Decision Denying Petition for Leave to Intervene & Request for Hearing Filed by Bi & Di Orr.* Board 921215 Decision Should Be Upheld.Certificate of Svc Encl ML20127G7451993-01-14014 January 1993 NRC Staff Response to Motion of Petitioners RM Dow & SL Dow, (Disposable Workers of Comanche Peak Steam Electric Station),For Leave to File Out of Time & Request for Extension of Time to File Brief.* W/Certificate of Svc ML20127G7941993-01-12012 January 1993 Opposition of TU Electric to Motion for Leave to File Out of Time & Request for Extension of Time to File Brief by SL Dow (Disposable Workers of Comanche Peak Steam Electric Station) & RM Dow.* W/Certificate of Svc ML20127A5931993-01-0808 January 1993 Brief in Support of Petitioner Notice of Appeal.Aslb Erred by Not Admitting Petitioner Contention & Action Should Be Reversed.W/Certificate of Svc ML20127A6371993-01-0707 January 1993 Notice of Appeal.* Appeal Submitted Due to 921215 Memo Denying Petitioner Motion for Rehearing & Petition for Intervention & Request for Hearings.Proceedings Were Terminated by Aslb.W/Certificate of Svc 1999-06-18
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20128D3461993-01-29029 January 1993 NRC Staff Notification of Issuance of OL for Facility.* Low Power License May Be Issued by 930201.W/Certificate of Svc ML20127A5931993-01-0808 January 1993 Brief in Support of Petitioner Notice of Appeal.Aslb Erred by Not Admitting Petitioner Contention & Action Should Be Reversed.W/Certificate of Svc ML20127A6371993-01-0707 January 1993 Notice of Appeal.* Appeal Submitted Due to 921215 Memo Denying Petitioner Motion for Rehearing & Petition for Intervention & Request for Hearings.Proceedings Were Terminated by Aslb.W/Certificate of Svc ML20127A7461992-12-30030 December 1992 Appeal of ASLB Memorandum & Order.* Bi Orr & Di Orr Filed Notice of Appeal of Subj Memorandum & Order Issued by Board on 921215 ML20126F7241992-12-26026 December 1992 Petitioner Notice of Change of Address & Telephone Number.* W/Certificate of Svc ML20127M4341992-11-17017 November 1992 Notification of Addl Evidence Supporting Petition to Intervene Filed by B Orr,D Orr,J Macktal & Hasan.* Submits Newly Obtained Evidence Not Available to Petitioners as of 921005.Certificate of Svc Encl ML20101R3371992-07-13013 July 1992 Response to Tuec to Comments of Cajun Electric Power Cooperative,Inc ML20141M1031992-03-25025 March 1992 Comments of Cap Rock Electric Cooperative,Inc Re Significant Changes in Activity of Licensee Texas Utilities Electric Co That Warrant Antritrust Review Before Issuance of Ol ML20091D5351992-03-25025 March 1992 Comments of Cajun Electric Power Cooperative,Inc on Antitrust Info Filed by Texas Utilities Electric Co Per Reg Guide 9.3 ML20090C8711992-02-27027 February 1992 Change of Address & Telephone Number.* Informs All Parties to Action That Address & Telephone Number of Disposable Workers of Comanche Peak Steam Electric Station Has Been Changed as Listed ML20099E4851990-01-30030 January 1990 Amended Agreement Between Tex-LA Electric Cooperative of Tx, Inc & Texas Utils Electric Co ML20248J3801989-10-15015 October 1989 Declaration of L Burnam.* Discusses Settlement Awarded to Whistleblower Witnesses for Case ML20248J3471989-10-15015 October 1989 Declaration of B Brink.* Discusses Settlement Awarded to Whistleblower Witnesses for Case ML20248D5831989-08-0202 August 1989 Praecipe.* Notifies of New Address for Kohn,Kohn & Colapinto in Washington,Dc ML20236B7741989-03-10010 March 1989 Suppl to Comments & Reply Comments of Cap Rock Electric Cooperative,Inc.Info Re Util Need for Antitrust Review at OL Stage Encl ML20207C8021988-08-0909 August 1988 Comments of Cap Rock Electric Cooperative,Inc Re Significant Changes in Licensee Activity That Warrant Antitrust Review at OL Stage ML20151A5921988-07-12012 July 1988 Notice of Withdrawal.* Withdrawal as Attys of Record for Petitioners Citizens for Fair Util Regulation,Greater Fort Worth Sierra Club & Comanche Peak Citizens Audit Noted. Search for Replacement Counsel Unsuccessful ML20150E3051988-07-11011 July 1988 Notice of Withdrawal W/O Prejudice.* Withdraws J Doe as Potential Intervenor in Proceedings.W/Certificate of Svc ML20118B1951988-07-0505 July 1988 Agreement Between Brazos Electric Power Cooperative,Inc & Texas Utilities Electric Co Dtd 880705.W/Exhibits J Through O ML20154H6391988-05-20020 May 1988 Fr Notice (880601 Prehearing Conference).* Public Prehearing Conference Previously Scheduled for 880511 Rescheduled to 880601 in Dallas,Tx.Served on 880520 ML20154E5251988-05-0303 May 1988 Applicant Eleventh Progress Rept.* Rept Covers Period Mar-Apr 1988,per ASLB 860606 Order.Next Rept Will Be Submitted by 880630.W/Certificate of Svc.Related Correspondence ML20151Y5311988-05-0202 May 1988 Fr Notice (880511 Prehearing Conference).* Public Prehearing Conference for Conducting Oral Argument for Two Proceedings Re Plant Scheduled on 880511 in Dallas,Tx.Served on 880503 ML20151Y6031988-04-28028 April 1988 Case Identification of Piping/Pipe Support Issues.* Case Intends to Litigate Inadequacy of Collective Significance Rept,Collective Evaluation Rept,Root Cause Evaluation Repts Re Piping/Pipe Support Issues.Certificate of Svc Encl ML20151T7611988-04-26026 April 1988 Answers to Board 14 Questions Re Action Plan Results Rept (Memo;Proposed Memo of 860416) Regarding Action Plan Results Rept VII.a.9.* Answers Submitted Per Board 860414 Memorandum;Proposed Memorandum & Order.W/Certificate of Svc ML20151P9341988-04-22022 April 1988 Notice of Availability of Collective Significance Rept & Working Files.* Working Files for Collective Significance Rept Available at Stated Address.Certificate of Svc Encl. Related Correspondence ML20151P8301988-04-21021 April 1988 Notice of Availability of Issue Specific Action Plan Isap VII.a.9 Results Rept Working Files.* Working Files Available for Copying at Site.Certificate of Svc Encl.Related Correspondence ML20151P3361988-04-21021 April 1988 Answers to ASLB 14 Questions (Memo;Proposed Memo of 880414) Re Action Plan Results Report I.d.1.* Action Plan Results Rept I.d.1, QC Inspector Qualifications Encl.W/Certificate of Svc ML20148K2101988-03-28028 March 1988 Answers to ASLB 14 Questions (Memo;Proposed Memo of 860414) Re Action Plan Results Rept VII.b.3.* Certificate of Svc Encl ML20148G2481988-03-24024 March 1988 NRC Staff 10th Annual Progress Rept & Annotated Bibliography.* List of NRC Documents to Applicants & Certificate of Svc Encl ML20150D0501988-03-14014 March 1988 Case Tenth Progress Rept.* Provides Tenth Progress Rept,Per Board 860606 Memorandum & Order.Certificate of Svc Encl ML20196H9561988-03-10010 March 1988 Answers to Board 14 Questions (Memo;Proposed Memo of 860414) Re Action Plan Results Rept Ii.D.* Answers to Rept Re Control Room Ceiling.Supporting Documentation & Certificate of Svc Encl ML20147H8391988-03-0404 March 1988 Applicant Tenth Progress Rept.* Progress Rept Covers Period of 871225-880229,per Board 860606 Memorandum & Order.Next Rept Will Be Issued on 880429.W/Certificate of Svc ML20196G1421988-03-0303 March 1988 Notice of Availability.* Documents Ref in Project Status Rept Available for Review & Will Be Placed in Lpdr & Computer Link Between Lpdr & Util Data Base Established. Certificate of Svc Encl.Related Correspondence ML20147D7321988-03-0101 March 1988 Answers to Board 14 Questions (Memo;Proposed Memo of 860414) Re Action Plan Results Rept Vii.C.* Responses Provided to Action Plan Vii.C Re Const Reinsp/Documentation Review Plan. Supporting Documentation & Certificate of Svc Encl ML20149L9761988-02-19019 February 1988 Notice of Availability.* Rev 0 to Project Status Rept Re Instrumentation & Controls & Documents Ref in Rept Available for Review,Per ASLB Memorandum & Order .W/Certificate of Svc.Related Correspondence ML20149L9721988-02-19019 February 1988 Notice of Availability.* Rev 0 to Listed Project Status Rept (Psr) & Documents Ref in Psr Available for Review,Per ASLB Memorandum & Order .W/Certificate of Svc.Related Correspondence ML20149L9381988-02-19019 February 1988 Notice of Availability.* Notifies That Listed Project Status Repts (Psr) & Documents Ref in Such Psrs Available for Review.Certificate of Svc Encl.Related Correspondence ML20106B1601988-02-12012 February 1988 Agreement Between Texas Municipal Power Agency & Texas Utilities Electric Co Dtd 880212.W/Exhibits E & I Through M ML20196D2361988-02-10010 February 1988 Submits Notice of Change of Address & Requests That All Mail & Svc Lists Be Revised Accordingly.Certificate of Svc Encl IR 07100101/20120311988-02-0303 February 1988 NRC Staff Ninth Progress Rept & Annotated Bibliography.* Forwards Annotated Bibliography Rept of All NRC Documents to Applicants & Intervenors Re Project Indexed During 871101-1231.W/Certificate of Svc ML20148H9291988-01-26026 January 1988 Notice of Availability of Collective Evaluation Rept & Working Files.* Per Established Procedure & ASLB 871118 Memorandum & Order,Util Makes Working Files Available for Insp.Certificate of Svc Encl.Related Correspondence ML20148C9791988-01-21021 January 1988 Notice of Availability of Results Repts & Working Files.* Advises Az Roisman That Comanche Peak Response Team Senior Review Team Approved & Published Issue Specific Action Plans I.d.1 & VII.b.3.W/Certificate of Svc.Related Correspondence ML20195J0801988-01-20020 January 1988 Answers to ASLB 14 Questions (Memo;Proposed Memo of 860414) Re Action Plan Results Rept V.B.* Answers to Questions Re Action Plan V.B, Shortening of Anchor Bolts. Certificate of Svc Encl ML20195J0661988-01-20020 January 1988 Notice of Availability.* Notice of Project Status Rept Rev 0 to Equipment Qualification & Ref Documents in Rept Available for Review.Certificate of Svc Encl.Related Correspondence ML20147D7351988-01-15015 January 1988 Notice of Appearance.* RM Fillmore Will Appear as Counsel for Util in Proceeding.Certificate of Svc Encl ML20147D6001988-01-15015 January 1988 Notice of Appearance.* RM Fillmore Entered Appearance Re Facility.Certificate of Svc Encl ML20147B8711988-01-14014 January 1988 Supplemental Notice of Availability of Results Rept & Working Files.* Working Files of Results Rept Vii.C Will Be Made Available Onsite Upon 48 H Notice of Intention to Inspect.W/Certificate of Svc.Related Correspondence ML20147D6721988-01-12012 January 1988 Case Progress Rept.* Submits Progress Rept Per Board 860606 Memorandum & Order.Case Interested in Util Filing W/Security Exchange Commission & Reported Settlement W/Gibbs & Hill. Newspaper Articles Encl.W/Certificate of Svc ML20147B9671988-01-0707 January 1988 NRC Staff Eighth Progress Rept & Annotated Bibliography.* Progress Rept in Response to ASLB 860606 Order.W/ Certificate of Svc ML20238D0741987-12-30030 December 1987 Applicant Ninth Progress Rept.* Progress Rept Covers Period of 871026-1225 Submitted Per Board 860606 Memorandum & Order (Progress Rept & Notice of Available Documents). Next Rept Will Be Issued on 880229.W/Certificate of Svc 1993-01-08
[Table view] |
Text
.-__ - _ _ - _ _ - _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _
ofjf353 ,
4' 00CKETED USNRC F i l e di 10. 1967.
N o_ v e e b e f Wl3 P3:03 l l
l OFrfcr c er UNITED STATES OF AMERICA 00CXf.ip;;;w(. '4 ;
.j,fy- '
uta .
NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
' )
In the Matter of ) Docket Nos. 50-445-OL
) 50-446-OL TEXAS UTILITIES GENERATING )
COMPANY et al. )
) (Application for an (Comanche Peak Steam Electric ) Operating License)
Station, Units 1 and 2) )
)
APPLICANTS' RESPONSE TO PROPOSED LITIGATION SCHEDULE At the conclusion of the Pre-Hearing Conference held in Dallas on November 2 and 3, the Board announced that it intended to enter a schedule for the completion of litigating the issues remaining in dispute in this docket. The Board further announced its plans with regard to that schedule, the I
elements of which were to be drawn from the schedule proposed j by the Staff in its Response to Applicants' Motion for Establishment of Schedule. The Board asked the parties to submit written comments on this schedule no later than Tuesday, November 10. Applicants' comments are set forth ;
herein.
8711170016 871110 PDR ADOCK 05000445 _
i _ g G PDR
E3
-n I
r.
I.
.We note first that while none of'the parties may be entirely pleased by the Board's schedule --- for example, Applicants are unsure whether it can achieve the expedition which they believe.their proposed schedule might have produced -- we did not understand the Board's invitation to
'. include the opportunity for reargument of the points and considerations debated at length during the Pre-Hearing Conference. We have therefore confined our analysis to !
possible ambiguities or inadequacies within the framework of the' schedule as proposed by the Board, and will suggest modifications only where we believe that they might increase-
.the. chances of that schedule's achieving the resolution methodology which the Board has indicateil is its* preferred approach.
II.
The Board's recognition that the issuance of a Project Status Report or the Collective Significance Report should expressly trigger commencement of discovery on all informa-tion properly grouped within the area of interest addressed by the Report is a distinct improvement on the less specific directions contained in the Applicants' schedule. While we anticipate that concerns about timing may be raised by one of the other parties, we believe that such concerns can be
. addressed easily within the framework the Board has proposed.
For example, it should be relatively easy for the parties, proceeding diligently with discovery as encouraged by the Board ~, to expeditiously identify any possible subsequent reports, (e.g., the Cygna Report or the CPRT Collective Evaluation Report), which could be said to be within the Report's area of interest, in whole or in part, and thus appropriately grouped for litigation thereunder. In the event that any party, upon motion, can demonstrate that additional time is required due to delay in obtaining such ,
report, the Board can consider appropriate relief in such circumstances. Since it would seem that no relief would be warranted unless the Staff's SER were to be issued so early that the details of the related information would be practi-cally unobtainable -- an eventuality which we believe to be unlikely -- we believe the Board.was correct in requiring that discovery be undertaken generally on all potential issues which may be within a Report's area of interest, in whole or in part, and thus appropriately grouped for litiga-tion thereunder. While such a procedure may not invariably lead to those issues being litigated to their conclusion at any particular point in the hearing process (based upon the outcome of any motions for adjustment of schedule as noted above), it will help meaningfully to ensure that any issues which may become ripe upon the issuance of a project Status
y a:
l
.j '
Report or the Collective Significance Report will thereafter be processed for prompt closure.
i III.
The procedures for responding to and disposing of any
. l motions for summary disposition were not expressly contained' in the Board's schedule. Upon consideration, we have . ,
concluded that this need not be remedied. As the Board urged, the parties should be encouraged to submit motions for summary disposition of any specific technical matters which might be most economically. processed under that format.
Presumably they should also not be discouraged from advancing any. motions for summary dispostion which they in good faith l believe are appropriate. They should thorefore not be pena-lized or discouraged from advancing (or opposing) such !
motions by an automatic rearrangement of the schedule upon such filing. It would be more approriate to require the parties, as in other similar situations, te address to the !
l l
Board any specific requests for modification of the schedule in connection with pending motions for summary disposition. 1 Not only will this remove potential incentives and disincen-tives which might be counterproductive, but the Board wili be i
much better informed by a review of the subject matter of the l 3
i motions and any renponses thereto. Thus, any schedule 1 i
i modifications which may eventually be permitted are more {
l likely to be fair and equitable to all.
1 1
I l
1 i
i
m ,. . .. ._ -
\ v U:. .'- '
j
^ -
3 N.'Ah ,
q r g: o e lC 4; *L -
i w 4
< -g. ,
:Wefare'a:-bit = concerned'that the~ Board's schedule; permits for1 discovery of thel"
[Apq11 cants and th'e: Staff no time y[ (Intervenor'af ter lthe ~Intervenor specifies the issues /it l
wishes"to11'itigate.. ,This sequence 1 poses'some. risk of. q
' r ,
unfairness. - For example, if the Intervenor:were to decline 74
- 'to provideLfu11' discovery offits' evidence'and witnesses until after_'it notifies the other parties?of the issues it wishes-to litigate,.the~other1 parties would obviously:be atya ..
distinct disadvantage. 'On,the other hand, providing'a specific ad'ditional time period: for focussed ' discovery by' 3; " Applicants'and Staff followi'ng the Jntervenor's specification
> ' of:its proposed:issuesEcould unduly' lengthen the schedule and-
'should'be: unnecessary, if the Intervenor provides full'
-discovery - ' including the identity of its' witnesses --
- sufficiently-prior}the time that discovery closes to permit 1
~t heir-depositions to be taken if necessary.
3 Upon. reflection, we think that it would be prefernble to avoid adding another period of possibly. unnecessary deiay and .;
j rely instead upon the presumption that the Intervenor will not use the fact that it is not required to specify the issues to be actually litigated until comparatively late in the process as a basis for avoiding or delaying discovery.
L We would expect that the Board could help insure this result, if necessary. We would also trust that, as a concomitant to 6 - I r
such:an. approach,.the. Board would. entertain requests to
- reopen discovery upon an' adequate showing that the informa-tion sought was essential.and could'not have'been obtained, .
despite due' diligence, during the period afforded. In the>
event that any such requests were determined to be merito-i-ous, the Board could consider at that time whether it was necessary or appropriate to delay the commencement of any subsequent events on the originally promulgated schedule.
The Board did not directly address the question of the format of hearings, perhaps because it properly concluded it was ltoo cerly to engage in such specification.. Applicants o remain concerned that adoption of the Staff's multiple trigger framework could later be treated as a prescription requiring piecemeal, serial litigation of issues -- an ;
exercise which might easily be unnecessarily wasteful'and i
time consuming. We therefore suggest'the Board expressly .
1 preserve its options in this regard, noting that the expected culmination of Phase III is to be the commencement of hearings on whatever issues are then still in dispute, are ripe for consideration, and can appropriately then be grouped for such resolution without causing any undue delay or violating any parties' substantive rights.
1
)
p , .,;, yg' v
1 y.
.a_
z .. ,
- - . , 3. ;
r
';'j ;
l.
+'( , _
- p 3 '
.} }
i?- ;q- i ,
k 1,
.. f 1 t..f .; .{
!e H. , , . .,
< CONCLUSIONS n ~ .y ;1 '
- In1 the expect'ation that'it might be usefu1~to us and'to the l
. Board,.and might'as-well'more clearly express Applicants' few-m mino'r' suggestions jwe'have: attempted to capture what we l , .i y . understood to be the schedule proposed.by the. Board, captur ,
ing'where appropriate quotati'ons from.the' transcript.- We ,
. - have modified .it in those few places'where we fe.el potential
~
ambiguities.or other concerns might appropriately'be' removed. .
c 1 ;i A copy'of t' hat Schedule is appended for.the~ Board's con- '
..[, -* .
~-
' 1 - sideratio'n.
l t
' TEXAS UTILITIES ELECTRIC COMPANY
' For.the Owners of CPSES-u i
" -By its. attorneys,
- n. a ,
=
'8
%- Of William-S~. Eggeling / ](
Ropes .& Gray y 225 Franklin S.reet
'[ j '
Boston,-Massachusetts'02110
'(617) 423-6100 ;
1 1
J
-1 j
)
y l
l l
1 6
GD f
t i *
~ - - - - . _ . _ . ' . ,N _1 _ - , _ . _ _
g; -- ;.,-- .
p , < q-n . ?.
s ,
lfy a k5.i i 1p_
V ,
, t .
,2
- }W;l ; c_.
>, 1 -- ,;
~
l p_ ,
i a
'I
- , , 3 i w
- , .
APPENDIX i
m, m e ,
' . PROPOSED:
- j a [ w i ,
- i
- '~LITIGATION' SCHEDULE'
! 4 a, ,
-l
> .' 'f
?EL1 7 I ' [~ , '
L ~ ,
-PSED., RELA ~.i, L' DAYS ' TIVE^
' ' ]
,: j ,.. .FROM: EELA-f ]
A- EVENT LAST:, -PSED NO. E8 VENT DAYS 1 DESCRIPTION 1 g~ .. I i
. Publication ~of triggering Report - : Project:
4I . . ~
i O,
l' 'O Status' Report (PSR) orl Coll'ective Sig ' j I
nificance: Report (CSR) -- - by. Applicants., .
.To be served'upon.all parties by overnight delivery, .
4
~ Discoveryf 0 pens on all matters in'thef area:
~
2 0 0
' of interest covered by or subsumed within.
__the issues addressed by the Report; viz . , -
~
d iscovery'is-to encompass.' additional-information,' documents, reports, or.
evaluations (e'g., Cygna' Reports, CPRT.
j Collective' Evaluat ton Report ,: etc . ), the; consideration of which is lo'gically grouped in wholeLor'in partewith:the. matters 9 contained within the Report.. Discovery may-be' propounded'in:accordance:with the Rules-of Practice ~as long as.the-responding t -
parties receive the-time'provided'there- .-j under to respond by the date. Discovery Closes, viz'. Event 4.
i b
3 I
i P
--t
1 PHASE II :
i 3 ?
' Staff issues its Evaluation Report (SER) on ,
the subject Report. l l
} 20 Evt 3 Discovery Closes; viz., responses to all plus proper discovery tinely requested during 20 Event 2 are to be received by propounding parties.
5 10 Evt 3 CASE's Notice of Issues to be Litigated plus (CASE Notice) to be received by Applicants 30 and Staff. The CASE Notice shall specify the area, or issues, within a Report which CASE believes are properly litigable along i with a statement of the reasons it intends to rely on and a statement of the basis for challenging that particular area, or ,
- issues.
G 20 Evt 3 Last Day for receipt of any Appositions to plus an issue advanc7d by a CASE Notice (Event 50 5). Applicants and the Staff may signal .
they do not intend to contest the specifi-cation of any issues in a' CASE Notice at any time during this event.
7 0 Evt 3 Last day for receipt of any Motions for plus Summary Disposition. Responses due per 50 Rules of Practice. Unless moved for and ordered by the Board, the filing or j pendency of Motions for Summary Disposition
~
shall not delay the seheduled commencement /
or completion of any subsequent events.
8 Evt 6 Board notifies the parties of its ruling plus ' upon any matters put in contention during l Event 6. In the event that Applicants and l' Staff signal that they do not intend to contest the specification of any issues i contained in a CASE No'tice, this event will i be complete upon the service of such !
l signals.
- 2 -
~
NO:EEgmi4 1 Ef
~~
- , :c 1cJe;
.- j i
I.
o ,. i -
r q -y ,
m 1
4 y r M
ph, N..a ;
s M3
'M l' y
'{
1
, y ?-
j PHASE 1II;
, g-Par.ti'es ' exchange and' file : Direct testimony.
f30! Evt 8 .-
[',
$9' D plus- ~ pursuant to-10..CFR:6 2.743.
- =
,30' .j
~
.f j_'
10' '215r Evt?8 ~ ; Parties' exchange and' file: Rebuttal Tes- !
j plusl -timony. pursuant't'o'10 CFR16 2.743
45 ,a l
Evt18- Hearings-commence. , l
' ' 11. 15- ,i i2 plus.
g
!60
- (" ,
y ,
g PHASE IV' 1
\
g ,
~?: Hearings End; Record Closes d
- 12. ?
- "i
- 13-
~
- 30. Evt 12 ' Applicants file.their proposed; findings of
.plus! fact and' conclusions'of. law pursuant-to 10 .
-30 + CFR 6 2.754 .
- l t L10 Evt 12 CASE' files its proposed findings of' fact d j
~ 4: plus' :and conclusions'of law pursuant to 10 CFR 6 1
' >> 40- 2.754. y 15- 20 Evt 12 ~ Staff files'its proposed; findings of-fact j plus andLconclusions of~ law pursuant to 10'CFR 6
~
60 2.754.
c,.
. GENERAL PRINCIPLES q 1
Unless otherwise expressly noted, all. dates are dates 1 0:
of receipt ~or completion of required action,-notifications,-
' filings, etc. -Parties are responsible for commencing their l actitivies or utilizing methods'of service, etc., sufficient l
to ensure that~these dates are met.
Parties requesting extensions of time shall either ;
obtain the' agreement of all parties or move'the Board for l 0- enlargement ~ based upon good cause shown and upon notice to .
all' parties. Parties are encouraged to raise any perceived- l need for additional time promptly and to be explicit about
~
a the reasons for such requests. Unless the commencement ~f o an event is specifically reflected to be dependent upon the ;
completion of a prior event, the enlargement of the time to complete a prior event shall not automatically alter the For example, an time'for completion of the later event.
enlargement'of the time to submit motions for summary :
i u
Qq ^ m; w L
& ,; e ;g o m m .
s jn:; y .,
.p. 7 r *I[
+s :s i
/ f rJ '. / ~
. dispo'si t ions j ( Even t' . 7 ) shall not,,except'upon expre'ss Board-s- Order > or agreeinent- of' the parties t enlarge . the - time ;for
* . completion of.the next' activity imposed upon the1 parties --
{ . the. preparation and -exchange of,. pre filed 'direc t' tes t imony
-(Event 8)..
~
[4 . ,
'All calculation dates are' calendar ~ days, except that'if
?:b .
~
the~end of a'~ period'Lon which action,. receipt,' notification, 1
7
- 'etc., i's required to-be completed'or
- received falls'.on a Saturdayi Sunday or. Federal Holiday, the date.shall automa-tically.be' enlarged ~to the next calendar day khich.is'not.'a Saturday,' Sunday or' Federal Holiday, and all subsequent
~
Events which are dependent upon the:.thus- automatically enlarged'date shall be ad,)usted.accordingly. '
- L >..
+
'q'
.- e 9
9 ,
I I
i .
1
'l i
l i
I 1
)
i l
1
_4_ l 1
4 1
, ., l
N.
'. T ..
LDOCKETED
.U$NRC.
=117 (NOV 13 P3.03,
~ CERTIFICATE OF SERVICE FFICE OF.5ECRElARY i
~
lifd g fVff.l I, William S.-Eggeling, hereby' certify that J1987, and-' November 10, '1987, 'I made; service. of " Applicants' Response- Tof Proposed : Litigation Schedule"
~
by ' mailing.' copies:
~
?". thereof,1 postage prepaid,fto:-
.* Peter B.zBloch, Esquire ** Asst.' Director for-Inspection Chairman Programs' , , . . . . q
. Comanche Peak Project Division _
Administrative. Judge. _ .
I Atomic Safety and Licensing U.S._ Nuclear Regulatory l Board- Commission U.S. NuclearLRegulatory. P.O.JBox 1029 L
Commission Granbury,. Texas 76048 East West-Towers' Building -
4350~ East West Highway ,
.Bethesda, MD'.20814 ni
*Dr. Walter H.-Jordan *Ms. Billie PirneriGarde-Administrative Judge GAP-Midwest Office ,
881 W. Outer Drive 104 E. Wisconsin Ave.. -B: "
Oak Ridge, Tennessee 37830- Appleton, WI 54911-4897
** Chairman ** Chairman Atomic Safety and--Licensing- Atomic Safety and Licensing Appeal _ Panel Board Panel'
'U.S. Nuclear Regulatory U.S. Nuclear Regulatory 1
~ Commission. . Commisssion East West Towers Building- . Washington, ' D.C. 20555 ]
4350' East West ~ Highway- '
.Bethesda, MD 20814
*Janica E. Moore *Mrs.'Juanitt Ellis Office of the General Counsel President, CASE U.S. Nuclear Regulatory 1426 S. Polk Street .j 1 Commission Dallas, Texas 75224 J East West Towers Building 4350 East West Highway
+
Bethesda, MD .20814
**Renea Hicks, Esquire ** Ellen Ginsburg, Esquire .
Assistant Attorney General Atomic. Safety and Licensing j Environmental Protection Division Board Panel i
~P.O. Box 12548 U.S. Nuclear Regulatory l Capital Station Commission !
Austin, Texas 78711 Washington, D.C. 20555 l 4
i
)
1 i
f
)
__=_:- _ ___ .-
7 , ]
- Anthony Roisman, Esquire **Mr. Lanny A. .Sinkin Suite ~600 Christic Institute i 1401 New York' Avenue, N.W. -1324 North Capitol Street l Washington,.D.C. 20005 Washington, D.C. - 20002- !
*Dr. Kenneth A. McCollom **Mr. Robert D. Martin ~'
-Administrative Judge Regional Administrator 1107 West Inapp Region IV
'Stillwater, Oklahoma 74075- U.S. Nuclear Regulatory. 1 Commission Suite ~1000 611 Ryan Plaza Drive .
Arlington, Texas 76011
- Elizabeth B. Johnson **Geary S. Mizuno,' Esquire !
Administrative Judge Office of the Executive Oak' Ridge National Laboratory Legal Director -;
P O.. Box X, Building 3500 U.S. Nuclear Regulatory Oak Ridge, Tennessee 37830 Commission I Washington, D.C. 20555 l
** Nancy H. Williams ** Jack R..Newman, Esquire J
2121'N. California Blvd. Newman & Holtzinger, P.C. ]
Suite 390 Suite 1000 1 Walnut Creek, CA 94596 1615 L..St., N.W. I y.
William S. E'gge hg }
( * =' overnight mail for delivery on November 10, 1987) l
(** = service made by mail on November'10, 1987) J l
1 i
1 l,
i 1
_ _ _ _ _ _ _ - . _ _ _ _ _ . _ _ _ _ a}}