ML19210C295

Suggests Hearing Schedule.Supports NRC 791109 Response to Applicants' Request for Hearing & to Intervenors' & Atty General Supplemental Answers.Suggests Prehearing Conference to Establish Procedures.W/Excerpt of 791004 Transcript

ML19210C295
Person / Time
Site:	Black Fox
Issue date:	10/15/1979
From:	Gallo J ISHAM, LINCOLN & BEALE, PUBLIC SERVICE CO. OF OKLAHOMA
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911140042
Download: ML19210C295 (3)

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NRC PUBLIC DOCUMDTI RCOM October 15, 1979 ~

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,M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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& _.V .' b dii Before the Atomic Safety and Licensina Board In the Matter of the Application of )

Public Service Company of Oklahoma, )

Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )

(Black Fox Station, Units 1 and 2)

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Suagestion of Fearina Schedule Cn October 9, 1970, the NF.C Staff filed its response to Applicants' request for a herring and surplemental answers cf the Intervenors and the Attorney General. The response of the NRC Staff was based on the Comissioners' October 4 Interim Statement of Policy and Procedure, and it supported the position of imediately reopening the hearing record to explore Three Mile Island issues as they mty be applicable to this proceeding. The Commissioners' policy statement and its " legislative history" moot the controversy before this Licensing Board concerning the need to await the recommendations of Kemeny and Rogovin, / and it clearly indicates that this Licensing Board should immediately resume the licensing process.,_f '

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1. The positions of the Intervenors, Attorney General and the Applicants on this issue were considered by the Commission as a result of Applicants' Motion for Commission action filed on September 5,1979.

2. See transcript of Public Meeting - Discussion of Procedures for Comission Review of License Applications and Interim Statement on Licensing, pp2-9, dated October 4,1979, (attachef. as Exhibit A).

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The purpose of this document is to lend assistance to the suggestion of the NRC Staff that the Licensing Board order the parties to confer regarding a resumed hearing schedule. The " Suggestion of a Hearing Schedule" is timely because the NRC Staff issued its " generic letter" on 3

Three Mile Island issues to Applicants on October 10, 1979. _/ Ap licants responded to that letter October 12, and we assume that Supplement No. 3 to the Black Fox SER will issue shortly.

The following schedule is suggested for the consideration of the Licensing Board and parties:

1. Within 3-weeks after the issuance of Supplement No. 3 by the NRC ctaff, discovery will be completed based on the TMI issues as identified ir Supplement No. 3.

2. Witnin one-week af ter the close of discovery, additional TMI issues, if any, will be identified by the parties and Licensing Board.

3. Within two-weeks following the identification of any additional issues, written testimony will be filed.

4. Hearings will commence one-week following tne filing of testimony.

The foregoing schedule could be considered by the Licensing Board and the partiet during either a conference call or a prehearing conference. Applicants prefer a prehenring conference because the subject matter, including issue identification, is best explored in the prehearing conference format. Telephone conference calls are unsatisfactory because of (i) difficulty in contacting and gathering the right people for the call,

3. See NRC Staff's answer, p.3.

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(ii) difficulty in hearing because of poor connections and (iii) inadequate preparation among the participar.ts because of the inherent short notice of conference calls. Finally, the NRC Staff suggests that ti a parties confer regarding schedule before involdng the Licensing Board. Applicants strongly believe that such efforts will be nonproductive, and that these discussions must be held under the direct supervision of the Licensing Board.

In conclusion, Applicants suggest that the foregoing schedule be used as a basis for establishing procedures for resumed hearinge, and that such consideration be conducted at a prehearing conference to be held in Tulsa during the week of October 29.

Respectfully subaitted,

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Josep Gallo One of the Attorneys for the Applican:s Ish;m, Lincoln & Beala 1050 17th Street, N.W.

Suite 701

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Washington, D.C. 20036 1 180 October 15, 1979

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EXHIBIT A

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NUCLE AR REGUL ATORY COMMISSION

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IN THE MATTER OF:

PUBLIC .EE*ING I. e~

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LICINSING (See 9/24 & 9/26 CGC ?.e=0s)

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Place -Washington. D. C.

Date - Thursday, 4 Cctober 1979 Pages 1-65 OW Mo CD

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l 5 DISCUSSION OF PROCEDU?2S FOR COMMISSION PSVIEN

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OF LICENSE APPLICATIONS & INTERIM STATEMENT ON '

6 LICENSING (See 9/24 & 9/26 OGC Memes)

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Room 1130 i

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1i Thursday, 4 Oc cher 1979 11 i The Cc=issien met, pursuant.: notice, at 2:27 p.r.

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Ilj VICTOR GILINSKY, Cc=issioner 15 0

!' RICHARD T. KENNEDY, Cc=issioner 16 ','

g PETER A. BRADFORD, Cc=issioner 17 'l! JOE'; F. AHEARNE, C==issioner ii i

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3 71.01.1 4 .gsh I CHAIRMAN HENDRIE If we can turn to the ite m ' 2 whien was originally laceled for the first item for this 3 af ternoon, ciscussion of procedures f or commission review

     4      of license application and interim statement on licensing.

5 We are joined by representatives of assorted boards, panels, 6 and so on. I welcome you all. 4 Ine general counsel's office has a general lead on :nis 3 sucject and I think, lest I create navoc by trying to outline v it for you, I tnink I will ask the general counsel to ta<e 10 over. And in those capaole hands, it will all ce much 11 :learer. 1: MR. EICKMITs The firs: or:s r cf =usine ss :s :: 13 cetermine wnich of these memoranda we take up first. la Our suggestien would te that we go first to the i.. erin 7 V The reason for that is that, as es 15 s ta t e me n: On licensing. l$ have seen in :nese cast se ssions, as we consicer th7 varicus li options f or commission participation in license issuan:e, 15 :ne matter is not only extre=ely important, cut extremely 17 complicate . 2 Tne fact tna; the commission has taken ouite some time t: 21 resolve tnis is perf ectly understanca:le , if our visa. 22 In view of those f actors, we have to acknowlecge tne 23 possicility that another meeting will go :y without r es:. ;;ien. 24 Even if :ne commission is a:le o resolve it, as a genere.

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25 ma ter, these options do call f or p:licy sta ements ini:r rill

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     .gsn I     have to be craf ted and circulated so that tnere will be

' ' 2 application of ' this interim statement , even if things move 3 as quickly as we can imagine that they will.

        4         Ine other point in f avor of going forwarc first with :nis 3     interim statement on licensing is that, as was pointed out 5    in ne last se ssion on this general subject, all of tne 4

options that are ceing considered by the commission f or its 6 own participation, increase the participation in tne licensing i proce ss, have one tning in common, whicn is tha: :ne proce ss 10 cefore the licensing boards goes f orward, 11 In light of tnet, in lignt of our unoerstanding :ne; il staff is awaiting :ne commission's le ad on :nis particular 13 question cf what to do next, we would. suggest that we go la cire:tly to tne interim statement en licensing.

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\b 13        Inis statement was -- cef ore I go further, is tha 16    a cc ep tacle ?

I, CHAIRI/AN K5h'DRIE: Yes, le t's do it. I5 M2. BICKdIT This statement was put together n :r 19 the assistance of tne executive legal director. I shoul: 20 acd tna; tne executive legal director's hel; was instrumentai, 21 except witn respect to the last paragra:n, which was no: 22 a matter which we sought his advice on. 23 00MMI55 !0 DER AHEARN5: That was one thing I wen;eo 24 to question aoout.

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22 M9. BICKAIT: Basically, the statement provices One:

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    'gsh i         no new licenses will issue without commission action. No new

- 2 decisions authorizing license issuance will ce issued alone. 3 P arti al , initial and appellate cecisions may continue. Tne

  'N     4         staff should in those cases, it feels, ce prepared to proceed 5         witn licensing reviews and the presentation of evidence 6        cefore coar s and licensing hearings, and that petitions I        received from various applicants requesting their proceecin s 5        to resume are controlled by this statement.

9 Then in tne final paragraph, it specifies the two o:si icns 10 we were referring to, which is that we nave petitions for ll

ne c ommission requesting issuance cf directives On the And Onis state:en is 12 f utur e conca :s of these proc eecings.

13 intended to serve as the interim response to those requests la for Black .ox and Ekagit. s'e 15 00 TAI SSITIEP. AMEA?.NE: I am not sure if I shou;; as% 10 you or 500, wna do you intend the ::ar:s in 61ack ?cx en: le 5kagit to do af ter receivin: this, since this is viewe: as an 13 interim response? li 'G.

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EICKWIT: I think it is aporopriete to as'.. .e 20 that they woul: go forwarc witn nearings on tne TMI-re;e:e 21 i ssue s. 22 Presently, the pearcs are not going forwerd witn nearin s 23 on tnose que stions. 24 00 T415510.;EP. AHEAR N E: I know. 23 fG . BICKWIT* Ths; they woulc attemp: to de: ice :nese b

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    ,gsh   i    issues with the guidance that is availacle, recognizing that

' 2 it is s:ot total anc that the boards would not issue initiel 3 decisions authorizing license i ssuan c e.

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      '    4                COMMISSIONER AHEARNE: So you would see tnis as 5    ceing guicance to tnose two boarcs to go through with tneir 6   proceedings out stop short of actually reaching a de:ision?

i MR. SICKdIT: Exactly. 3 COMMISS IONER AHEARNE: Oc.til tne final generi: 2 9011cy. MR. SHAP AR The statement says that no licenses 10 11 will ce issued. Is it clear that no initial dec isions nave 12 ceen reached as well? MR. SICKNIT It was intence d to say that. 13 14 CHAIRMAN HENDRIE It says --

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15 MR. EICKdIT: Ne full decisi:n whi:n authorizes 16 issuance of such a permit. 1, Partial oecisions would ce a:propriate. 13 CHAIRMAN HENDRIE: The language is neant t0 avoid 1/ triggering i=meciate effect on a construct 10n permit. 20 COMMI SSIONER AHEARNE: It coes say that partiel 21 initial decisions may continue. 22 CHAIRMAN HENDRIEt As well as aopellate cecisi:ns. 23 MR. SHAPARt There is one other point tnat I san t a correct un=erstencing accut. It says tnat the 007-15si0-24

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• 1.01.5 1 gsh I autnorizations or operating license f or any nuclear power

' 2 plants shall be issued only af ter action of the commission 3 itself.

   ^'     4        I understand that to mean not necessarily action on the o    merits because if you look at the 7 options, I take it tna:

6 one of the options that the commission has, cepending on which I option is selecteo, is to go ahead and issue an initial 3 decis ion. And the commission chooses to allow it to be 9 immediately eff ective . 10 It would take commission action, but not on the merits. Il That is the way that I construe it. MR. SI2KdIT: That is correct. These opticas vary 12 13 one to the next on what kind of commission action is

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to vJMMISS IONER KENNEDY: Is this language to ce 16 construed in that light - 14 MR. 5HA?AR: Not on the merits, cepending on wnicn 13 oction you take. I/ 00MMI55IONER XENNEDY: In that case, we ou;n: :o 23 specify. MR. SHAPAR: I ca n' t :nink so. I think :ne ;eneral 21 counsel has it just rignt. He is anxious to get tnis interim 22 colicy statement out. And I think it shoulo get out, ano in 23 2? this form witneut any comment on :ne last peragrapn.

      -     23       fnat leaves you the more cif ficult question of :ne 7 3;; ions
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8 1.~01.6 gsh I whicn I think you are going to have to have time to f ocus on. ' 2 CHAIRMAN HENDRIE: At least it provides guidance It is, in part, going , 3 whica allows the proce ss to go forward.

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4 forward now. But this would allow dealing with TMI-related 5 issue s wnere the staf f f <rcis that they are in appropriat: 6 shape and of such a nature in a given proceeding to De 7 introduced and dealt with in the proceeding. which I applaud. 3 That seems to me a step f orward, MR. SHAPAR: And with the meaning given to the acti:n 9 This is 10 of the commission, not necessarily on the merits. 11 consistent with whatever option you pick. 12 COMMISSIONER GILINSKY: Also recognizing tna; some 13 of what is done may have to get redene. la MR. EICKWIT: That is undouotedly c orre ct. , I t 15 CHAIRMAN HENDRIE: I think it is a goed i:s a. 15 recommeno it witn my colleagues. l/ MR. SICKdIT: It was tne iaea of :ne acting chairmen. IS CO MMI55IO.NER GILINSKY: I agree. 19 CHAIRMAN HENDRIE: Peter? COMMI55 IO.iER BR AD?ORD: It's all right witn me. 20 CHAIRMAN MENDRIE: Very well . The c ommission has n:w 21 in the 2e adoptec the interim statement policy as laic cut 23 counsel's memorandum by unanimous vote. Le t's ge t 1: Out pos haste, Mr. Secretary. 24 25 MR. CASE: I would like to Ocint cut ancther :..i r.: :: 0

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9 71.01.s W. gsh I get this action, the 1e.tters to CP owners and CP applicants

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2 which I am awaiting guidance on from the commission. 3 CHAIRMAN HENDRIE: Thank you. 4 (Laughter.) 5 MR. BICKNIT: We've all been tnrough it. 6 (Laughter.) i CHAIRMAN HENDRIE: Let's move to the next item, 3 seize this unexpected mo=ent of serenity and plunge ahead.

            >                             MR. SICKWIT           I have no douct that it will 13                  deteriorate from here on in.
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12 MR. SICKWIT: In going through the options that were 13 raised at the last se ssion, I would say that there is one la gener al sta:ement that ought to pref ace discussion. We nave 15 found no option that has one, simplicity, two , spee d, and lo three, flexicility. 17 CHAIRMAN HENDRIE: To say nothing of not ceing 15 amoiq uous . 19 MR. BICKWIT Perhaps the executive legal cirector's 20 option will satisfy that test, but all of these options 21 failed tnat test. 22 CHAIRMAN HENDRIE: We then are choosing the least 23 painf ul horn of the multi-horned dile mma. MR. SICKNIT: That is the case. I will be quiosd 24 25 by yo ur wisnes here, but I assume wha t you would like is for D

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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of the Application of ) Public Service Company of Oklahoma, ) Associated Electric Cooperative, Inc. ) Docket Nos. STN50-556 and ) STN50-557 Western Fanners Electric Cooperative ) (Black Fox Station, Units 1 and 2) CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing SUGGESTICC 0F HEARING SCHEDULE has been served on each of the following persons by deposit in the United States rail, first-class postage prepaid, this 15th day of October,1979. Sheldon J. Wolfe, Esq. Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Board Panel Cormiission U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 (20 copies) Mr. Frederick J. Shon, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Corrission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Paul W. Purdom, Director Mr. Gerald F. Diddle, General Mgr. Environmental Studies Group Associated Electric Cooperative, Inc. Drexel University P.O. Box 754 32nd and Chestnut Streets Springfield, Missouri 65801 Philadephia, PA 19104

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. L. Dow Davis, Esq. Mr. Maynard Human, General Manager Western Farmers Electric Cooperative Counsel for NRC Staff U.S. Nuclear Regulatory Comm. P. O. Box 429 Washington. D.C. 20555 Andarko, Oklahoma 73005 Joseph R. Farris, Esc. Mr. Vaughn L. Conrad John R. Woodard III, Esq. Public Service Company of Oklahoma Feldman, Hall. Franden, P. O. Box 201 Reed & Woodard Tulsa, Oklahoma 74102 816 Enterprise Building Tulsa, Oklahoma 74103 Mr. T. N. Ewing, Manager Black Fox Station Nuclear Project Mr. Clyde Wisner Public Service Company of Oklahoma NRC Region 4 P. O. Box 201 Public Affairs Officer Tulsa, Oklahoma 74102 611 Ryan Plaza Drive - 1000 Arlington, Texas 76011 Mr. M. J. Robinson Black & Veatch Andrew T. Dalton, Esq. P. O. Box 8405 1437 South Main Street - 302 Kansas City, Missouri 64114 Tulsa, Oklahoma 74119 Charles S. Rogers, Esq.

    '4rs . Carrie Dickerson        Assistant Attorney General Citizens Action for Safe       112 State Capitol Building Energy, Inc.                Oklahoma City, OK. 73105 P. O. Box 924 Claremore, Oklahoma 74107      MHB Technical Associates, Inc.

1723 Hamilton Avenue - Suite K Mrs. Ilene H. Younghein San Jose, California 95125 3900 Cashion Place Oklahoma City, OK. 73112 Mr. Lawrence Burrell Route 1, 304 197 rairview, Oklahoma 73737 -_d Michael I. Miller, Esq. / / Joseph Gallo Martha E. Gibbs, Esq. Isham, Lincoln & Beale One First National Plaza Suite 4200 ' Chicago, Illinois 60603 l g

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