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6/n./1rl      -
BEFORE THE PUBLIC SERVICE COMMISSION OF O                                      S "'" '^" ''"^
Docket No. 81-72-E                          ,
In Re:                                    }
                                                  }
MOTION Application of South Carolina-FOR Electric and Gas Company for Adjustments in the Company's              )          CONTINUANCE Electric Rate Schedules                    )
                                                  )
                                                  )
Fairfield United Action and John C. Ruoff, on his own behalf, Intervenors in the above-captioned procceding, hereby move for a continu '
ance of the hearing in the above-captioned proceeding until after July 24, 1981. This Motion is based on the pleadings and the record in this proceeding and on the grounds that the current scheduling would work a hardship on the Intervenors, would preiudice their effective representa-s tion of their interests, and that the orders of the United States Nuclear Regulatory Commission take precedence over those of this Commission under the provisions of the Supremacy Clause of the United States Constitur'on.
In support thereof, the Movants would show:
: 1. That South Caroliva Electric and Gas Company (hereinafter "SCE&G")
L l      came before this Commission on February 27, 1981, seeking approval of I      certain adjustments in SCE&G's rate schedules and tariffs.        Fairfield United Action, by its Authorized Representative John C. Ruoff, filed a i
j      Petition to Intervene and Request for Hearings (and Supplement) with the Atomic Safety and Licensing Board of the United States Nuclear Regulatory Commission seeking admission as an Intervenor in the Operating License proceedings regarding the Virgil C. Summer Nuclear Station, Unit 1, which is jointly owned by SCE&G and the South Carolina Public Servica Authority (USNRC Docket No. 50-395 OL), on March 23, 1981.
8105go 7B"J
 
s
    .                                                            2. During the Final Prehearing Conference held on April 7 and 8,1981, the Atomic Safety and Licensing Board indicated that Fairfield United Action (hereinafter "FUA") would be admitted as an Intervenor in that caso and established a hearing schedule whicn called for the evi-dentiary hearings in that proceeding to comen::e on June 22, 1981, to run until July 3, 1981. Should further time.bt required.to complete those evidentiary hearings, those hearings would recommence on July 13 to continue through July 24, 1981, under the Board's announced schedule.
By Partial Order Following Prehearing Conference issued on April 30, 1981, the Atomic Safety and Licensing Board admitted FUA as an Intervenor.
: 3. On April 21, 1981, John C. Ruoff, on his own behalf, Petitioned to Intervene in the instant proceeding. On April 24, 1981, Fairfield United Action Petitioned to Intervene in the instant proceedings. This Commission granted both Petitions.
: 4. Apparently without written motion by any party, this Commission entered Order No. 81-331 Requiriag Prefiling of Testimony and Setting Hearing and Ccnference, issued May 8,1981, in which the Commission estab-l          lished July 13, 1981, for the cceencement of hearings in the instant proce'ed ng. Mo/ ants have no knowledge whether SCE&G had any communications with the Commission or its Staff regarding the scheduling of these hearings, although Movants know that no such communications were had with them.
Clearly, the simultaneous scheduling of litigation in two cases involving SCE&G and Intervencrs FUA and John C. Ruoff works to the advantage of SCE&G which, at ratepayer expense, has the resources to engage and has en-gaged separate counsel to litigate the respective proceedings.
 
i l
    .                                                                                  l
: 5. In both the instant proceeding and the Orarating License pro-ceeding before the Atomic Safety and Licensing Board, Intervenor FUA peti-tioned to intervene in order to protect the vital interests of its members upon information and belief that adverse actions in either of these pro-ceedings would result in direct and personal injury to i'ts members. The only suitable means to protect those vital irterests lay in full partici-pation in those hearings with all procedural rights of a full party of record. In grantings its petitions to intervene, the Commission and the Atomic Safety and Licensing Board ruled that those interests ex -ted and recognized the right of FUA to protect those interests through full parti-cipation in the hearings before them.          FUA is a community organization.re-quired to place most of the burden of its participation in the Operating License proceeding on its members', especially its Authorized Representative Dr. John C. Ruoff.      Dr. Ruoff cannot be in two places simultaneously. To represent.his own interests before this Commission would require Dr..Ruoff.
to surrender protection of his own and FUA's interests before the Atomic Safety and Licensing Board.        Like rate hearings before the Commission, Operating License hearings are all day affairs stretching over some weeks.
* 6. SCE&G filed its Application in this docket on February 27', 1981, so that no deadline to issue its final Order so presses on this Commission which would require a quick hearing in the matter. Since SCE&G placed the proposed rates into effect under bond, no revenues would be lost to the Company as a result of a modest continuance in the hearings.
THEREFORE, for the reasons set forth above and because simultananeous litigation of both the instant proceeding and the Operating License pro-l
 
      .                                                      ceeding before the Atomic Safety and Licensing Board of the United States Nuclear Rigulatory Comission could only prejudice the interests of Inter-venors FUA and John C. Ruoff, Movants request this Comission:
: 1. To . require that Applicant SCE&G choose to go forward with either this proceeding or with the Operating License proceeding before the Atomic Safety and Licensing Board on July 13, 1981; or,
: 2. To continue hearings in the instant proceedings until after July 24,.1981.
mi          -    ,w / c.r Douglas R. Rogers For Fairfield United Action P.O. Box 96
                                              .        Jenkinsville, SC 29065 0.
dohnC.Ruoff,Prhhe P.O. Box 96 Jenkinsville, SC 29065 DONE this / 2. day of May 1981.
a I
 
UNITED STATES OF AMERT.JA NUCLEAR REGULATORY COMMISSION In the Matter of:                          )
SOUTH CAROLINA ELECTRIC AND GAS COMPANY, ET AL.
Docket N. 50-395 OL (Virgil C. Summer Nuclear Station,          )
Unit 1)                                  )
                                                          )
AFFADAVIT OF SERVICE PERSONALLY appeared before me, Jahr. C. Ruoff, who duly affirmed and says that copies of the attached " Motion for Continuance" in the above-captioned proceeding were served upon the following persons by deposit in the United States mail, first-class postage prepaid, this 12th day of May 1981.
Herbert Grossman, Esq.                          Chair, Atomic Safety and Licensing Chair, Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission              U.S. Nuclear Regulatory Commission Washington, DC 20555                            Washington, DC 20555 Dr. Frank F. Hooper                              George Fisher, Esq.
Atomic Safety and Licensing Board                Vice-President & General Counsel Panel                                          South Carolina Electric & Gas Company U.S. Nuclear Regulatory Commission              P.O. Box 764 Washington, DC 20555                            Columbia, SC 29202 Mr. Gustave A. Linenberger                      Steven C. Goldberg, Esq.
Member, Atomic Safety and Licensing              Office of the Executive Legal Director l
Board Panel                                    U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission              Washington, DC 20555 Washington, DC 20555 l            Chair, Atomic Safety and Licensing              Mr. Brett Allen Bursey
[
Appeal Board Panel                            Rt. 1, Box 93-C U.S. Nuclear Regulatory Commission              Little Mountain, SC 29075 Washington, DC 20555 Mr Chase R. Stevens                              Joseph B. Knotts, Jr.
Docketing and Service Section                    Debevoise & Liberman l            Office of the Secretary                          1200 17th Street
;            U.S. Nuclear Regulatory Commission              Washington, DC 20036
;            Washington, DC 20555 t
l
 
Samuel J. Chilk                          Richard P. Wilson, Esq.
Secretary of the Comission                Assistant Attorney General U.S. Nuclear Regulatory Commission        South Carolin Attorney General's Washington, DC 20555                          Office P.O. Bor 11549 Charles McGlothlin, Esq.                  Columbia, SC 29211 General Counsel South Carolina Public Service Authority P.O. Box 398 Moncks Corner, SC 29461 NhnC.Ruoff          dM AFFIRMED and subscribed before me this M . Sday of May 1981.
lC At        b.~7        di NOTARY PUBLIC FOR SOUTH CAROLINA (L.S.)
My Commission Expires:  /'  c **2- 8 [
                                              - . .        -  ._        ..}}

Latest revision as of 09:53, 21 February 2020

Motion for Continuance of Hearing Until After 810724. Simultaneous Scheduling of ASLB & PSC of Sc Hearings Would Be Prejudicial to Intervenors.Aslb Orders Take Precedence Over PSC of Sc Under Supremacy Clause.W/Certificate of Svc
ML19345H364
Person / Time
Site: Summer South Carolina Electric & Gas Company icon.png
Issue date: 05/12/1981
From: Rogers D, Ruoff R
FAIRFIELD UNITED ACTION
To:
SOUTH CAROLINA, STATE OF
Shared Package
ML19345H361 List:
References
NUDOCS 8105200207
Download: ML19345H364 (6)
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Text

gykla,'1-- 6

' ' ' ^

6/n./1rl -

BEFORE THE PUBLIC SERVICE COMMISSION OF O S "'" '^" "^

Docket No. 81-72-E ,

In Re: }

}

MOTION Application of South Carolina-FOR Electric and Gas Company for Adjustments in the Company's ) CONTINUANCE Electric Rate Schedules )

)

)

Fairfield United Action and John C. Ruoff, on his own behalf, Intervenors in the above-captioned procceding, hereby move for a continu '

ance of the hearing in the above-captioned proceeding until after July 24, 1981. This Motion is based on the pleadings and the record in this proceeding and on the grounds that the current scheduling would work a hardship on the Intervenors, would preiudice their effective representa-s tion of their interests, and that the orders of the United States Nuclear Regulatory Commission take precedence over those of this Commission under the provisions of the Supremacy Clause of the United States Constitur'on.

In support thereof, the Movants would show:

1. That South Caroliva Electric and Gas Company (hereinafter "SCE&G")

L l came before this Commission on February 27, 1981, seeking approval of I certain adjustments in SCE&G's rate schedules and tariffs. Fairfield United Action, by its Authorized Representative John C. Ruoff, filed a i

j Petition to Intervene and Request for Hearings (and Supplement) with the Atomic Safety and Licensing Board of the United States Nuclear Regulatory Commission seeking admission as an Intervenor in the Operating License proceedings regarding the Virgil C. Summer Nuclear Station, Unit 1, which is jointly owned by SCE&G and the South Carolina Public Servica Authority (USNRC Docket No. 50-395 OL), on March 23, 1981.

8105go 7B"J

s

. 2. During the Final Prehearing Conference held on April 7 and 8,1981, the Atomic Safety and Licensing Board indicated that Fairfield United Action (hereinafter "FUA") would be admitted as an Intervenor in that caso and established a hearing schedule whicn called for the evi-dentiary hearings in that proceeding to comen::e on June 22, 1981, to run until July 3, 1981. Should further time.bt required.to complete those evidentiary hearings, those hearings would recommence on July 13 to continue through July 24, 1981, under the Board's announced schedule.

By Partial Order Following Prehearing Conference issued on April 30, 1981, the Atomic Safety and Licensing Board admitted FUA as an Intervenor.

3. On April 21, 1981, John C. Ruoff, on his own behalf, Petitioned to Intervene in the instant proceeding. On April 24, 1981, Fairfield United Action Petitioned to Intervene in the instant proceedings. This Commission granted both Petitions.
4. Apparently without written motion by any party, this Commission entered Order No.81-331 Requiriag Prefiling of Testimony and Setting Hearing and Ccnference, issued May 8,1981, in which the Commission estab-l lished July 13, 1981, for the cceencement of hearings in the instant proce'ed ng. Mo/ ants have no knowledge whether SCE&G had any communications with the Commission or its Staff regarding the scheduling of these hearings, although Movants know that no such communications were had with them.

Clearly, the simultaneous scheduling of litigation in two cases involving SCE&G and Intervencrs FUA and John C. Ruoff works to the advantage of SCE&G which, at ratepayer expense, has the resources to engage and has en-gaged separate counsel to litigate the respective proceedings.

i l

. l

5. In both the instant proceeding and the Orarating License pro-ceeding before the Atomic Safety and Licensing Board, Intervenor FUA peti-tioned to intervene in order to protect the vital interests of its members upon information and belief that adverse actions in either of these pro-ceedings would result in direct and personal injury to i'ts members. The only suitable means to protect those vital irterests lay in full partici-pation in those hearings with all procedural rights of a full party of record. In grantings its petitions to intervene, the Commission and the Atomic Safety and Licensing Board ruled that those interests ex -ted and recognized the right of FUA to protect those interests through full parti-cipation in the hearings before them. FUA is a community organization.re-quired to place most of the burden of its participation in the Operating License proceeding on its members', especially its Authorized Representative Dr. John C. Ruoff. Dr. Ruoff cannot be in two places simultaneously. To represent.his own interests before this Commission would require Dr..Ruoff.

to surrender protection of his own and FUA's interests before the Atomic Safety and Licensing Board. Like rate hearings before the Commission, Operating License hearings are all day affairs stretching over some weeks.

  • 6. SCE&G filed its Application in this docket on February 27', 1981, so that no deadline to issue its final Order so presses on this Commission which would require a quick hearing in the matter. Since SCE&G placed the proposed rates into effect under bond, no revenues would be lost to the Company as a result of a modest continuance in the hearings.

THEREFORE, for the reasons set forth above and because simultananeous litigation of both the instant proceeding and the Operating License pro-l

. ceeding before the Atomic Safety and Licensing Board of the United States Nuclear Rigulatory Comission could only prejudice the interests of Inter-venors FUA and John C. Ruoff, Movants request this Comission:

1. To . require that Applicant SCE&G choose to go forward with either this proceeding or with the Operating License proceeding before the Atomic Safety and Licensing Board on July 13, 1981; or,
2. To continue hearings in the instant proceedings until after July 24,.1981.

mi - ,w / c.r Douglas R. Rogers For Fairfield United Action P.O. Box 96

. Jenkinsville, SC 29065 0.

dohnC.Ruoff,Prhhe P.O. Box 96 Jenkinsville, SC 29065 DONE this / 2. day of May 1981.

a I

UNITED STATES OF AMERT.JA NUCLEAR REGULATORY COMMISSION In the Matter of: )

SOUTH CAROLINA ELECTRIC AND GAS COMPANY, ET AL.

Docket N. 50-395 OL (Virgil C. Summer Nuclear Station, )

Unit 1) )

)

AFFADAVIT OF SERVICE PERSONALLY appeared before me, Jahr. C. Ruoff, who duly affirmed and says that copies of the attached " Motion for Continuance" in the above-captioned proceeding were served upon the following persons by deposit in the United States mail, first-class postage prepaid, this 12th day of May 1981.

Herbert Grossman, Esq. Chair, Atomic Safety and Licensing Chair, Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Frank F. Hooper George Fisher, Esq.

Atomic Safety and Licensing Board Vice-President & General Counsel Panel South Carolina Electric & Gas Company U.S. Nuclear Regulatory Commission P.O. Box 764 Washington, DC 20555 Columbia, SC 29202 Mr. Gustave A. Linenberger Steven C. Goldberg, Esq.

Member, Atomic Safety and Licensing Office of the Executive Legal Director l

Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l Chair, Atomic Safety and Licensing Mr. Brett Allen Bursey

[

Appeal Board Panel Rt. 1, Box 93-C U.S. Nuclear Regulatory Commission Little Mountain, SC 29075 Washington, DC 20555 Mr Chase R. Stevens Joseph B. Knotts, Jr.

Docketing and Service Section Debevoise & Liberman l Office of the Secretary 1200 17th Street

U.S. Nuclear Regulatory Commission Washington, DC 20036
Washington, DC 20555 t

l

Samuel J. Chilk Richard P. Wilson, Esq.

Secretary of the Comission Assistant Attorney General U.S. Nuclear Regulatory Commission South Carolin Attorney General's Washington, DC 20555 Office P.O. Bor 11549 Charles McGlothlin, Esq. Columbia, SC 29211 General Counsel South Carolina Public Service Authority P.O. Box 398 Moncks Corner, SC 29461 NhnC.Ruoff dM AFFIRMED and subscribed before me this M . Sday of May 1981.

lC At b.~7 di NOTARY PUBLIC FOR SOUTH CAROLINA (L.S.)

My Commission Expires: /' c **2- 8 [

- . . - ._ ..

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