ML19310A009

Views by Porter County Chapter Intervenors in Response to ASLB 800328 Order Re Prehearing Conference Transcript. Preparation of New Transcript by Same Reporters Advisable.No Decision Should Be Made in Absence of Accurate Transcript

ML19310A009
Person / Time
Site:	Bailly
Issue date:	04/10/1980
From:	Vollen R VOLLEN, R.J. & WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19310A004	List: ML19310A003 ML19310A007 ML19310A009 ML19310A012
References
NUDOCS 8005210016
Download: ML19310A009 (3)

Text

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PORTER COUNTY CHAPTER INTERVENORS ' VIEWS CONCERNING PREHEARING CONFERENCE TRANSCRIPT Porter County Chapter Intervenors, by their attorneys, hereby respond to the Order Requesting Views Concerr.ing Prehearing Conference Transcript, dated March 28, 1980.

The specific questions posed in that Order and our responser.

are as follows:

1.,

What was your opinion r,f the quality of the transcript?

. Undersigned counsel has never seen a less accurate transcript of a judicial or administrative proceeding.

It is in many respects incomprehensible.

Among other things, it omits things that were said; it attributes statements to persons other than those who made them; and it is garbled.

We do not believe that the transcrint as it presently exists can be used as a fair, reliable or accurate report of what was said at the prehearing conference.

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2.

Can you suggest any method for correcting the transcript so that the positions of the parties as stated at the conference can be fairly reflected?

Because of the possibility that much of the inaccuracy and inadequacy in the transcript is attributable to its having been prepared in great haste, one possible method to obtain a better transcript is to request the reporters d

to prepare another transcript, more slowly and carefully than the existing one was prepared.

There are other methods theoretically available to attempt to correct the transcript, including that described in 10 CFR 52.750(b).

However, in view of the enormity of the' l

required corrections, any such method is likely to be over-whelmingly time-consuming and is not likely to produce a transcript which is correct to the satisfaction of all interested parties.

3.

What would you propose that the Board do with respect to the soecial prehearing conference already held and the transcript of that conference, in view of the apparent deficiencies in the transcript?

Because of the unprecedented nature of this situation and because of the potential significance to the rights of the parties of whatever course is followed, we believe that no decision should be made with respect to the conference already held unless and until a decision is unavoidable.

Until all possible avenues I

to obtain an accurate and reliable transcriot afe exhausted, we believe the Board should make no decision as to what should be i -_.

t done in the absence of such a transcript.

If it develops that it is impossible to obtain an accurate transcript, we believe that will be the time to deal with the issue of what should be done with respect to the conference already held.

DATED:

April 10, 19 80 Respectfully submitted, Robert J. VoMen, one of the Attorneys for Porter County Chapter Intervenors Robert J. Vollen 109 N. Dearborn St.

Chicago, IL 60602 (312) 641-5570

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