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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20116G9431996-08-0707 August 1996 Comment Supporting Proposed Rule 10CFR26 Re, Mods to Fitness-For-Duty Program Requirements TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20086D8841995-06-29029 June 1995 Comments on Proposed Rule Re, Review of NRC Insp Rept Content,Format & Style ML20085E5891995-06-0909 June 1995 Comment Supporting Proposed Rule 10CFR73 Re Changes to NPP Security Requirements Associated W/Containment Access Control ML20080A1331994-10-21021 October 1994 Comment Supporting Proposed Rule 10CFR2 Re Reexamination of NRC Enforcement Policy.Advises That Util of Belief That NRC Focus on Safety Significance in Insps & Enforcement Policy Can Be Achieved by Utilization of Risk Based Techniques ML20073M3261994-10-0303 October 1994 Comment on Pilot Program for NRC Recognition of Good Performance by Nuclear Power Plants ML20072B8521994-08-0505 August 1994 Comment Opposing Proposed Rule 10CFR26 Re Consideration of Changes to FFD Requirements.Licensee Believes Reduction in Amount of FFD Testing Warranted & Can Best Be Achieved in Manner Already Adopted by Commission ML20065P4121994-04-25025 April 1994 Comment on Proposed Rule 10CFR50 Rule Re Code & Stds Re Subsections IWE & Iwl.Expresses Deep Concern About Ramifications of Implementing Proposed Rule ML20058G6211993-12-0606 December 1993 Comment on Draft NUREG/BR-0058, Regulatory Analysis Guidelines,Rev 2. Concurs W/Numarc & Nubarg Comments ML20056F3481993-08-23023 August 1993 Comment Opposing NRC Draft GL 89-10,suppl 6 ML20058B6891993-05-0707 May 1993 Affidavit of RP Barkhurst to File W/Nrc Encl TS Change Request NPF-38-135 ML20058E0251990-10-12012 October 1990 Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS ML20055E9871990-06-29029 June 1990 Comment Opposing Proposed Rule 10CFR55 Re Mod for fitness-for-duty Programs & Licensed Operators.Util Believes That High Stds of Conduct Will Continue to Be Best Achieved & Maintained by Program That Addresses Integrity ML19353B2241989-12-0101 December 1989 Comments on Draft Reg Guide,Task DG-1001, Maint Programs for Nuclear Power Plants. Util Endorses NUMARC Comments W3P89-0196, Comment Opposing Proposed Rule 10CFR50 Re Maint Programs at Nuclear Plants.Proposed Rule Would Require Establishment of Maint Programs Based on Reg Guides That Have Not Been Developed,Proposed or Approved1989-02-28028 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Maint Programs at Nuclear Plants.Proposed Rule Would Require Establishment of Maint Programs Based on Reg Guides That Have Not Been Developed,Proposed or Approved ML20235V4571989-02-27027 February 1989 Comment Supporting Proposed Chapter 1 Re Policy Statement on Exemption from Regulatory Control.Agrees W/Recommendations & Limits Proposed by Health Physics Society in L Taylor Ltr to Commission ML20205P9691988-10-26026 October 1988 Comment Supporting Proposed Rule 10CFR50 Re NUREG-1317, Regulatory Options for Nuclear License Renewal. Supports Contents of NUREG-1317 & Endorses NUMARC Comments on Rulemaking & Position Paper by NUMARC Nuplex Working Group W3P88-1366, Comment Supporting Proposed Rule 10CFR50 Conserning Policy Statement Re Cooperation W/States at Commercial Nuclear Power Plants or Utilization Facilities1988-07-13013 July 1988 Comment Supporting Proposed Rule 10CFR50 Conserning Policy Statement Re Cooperation W/States at Commercial Nuclear Power Plants or Utilization Facilities ML20135F0931987-04-0909 April 1987 Testimony of Bb Hayes Before Senate Government Governmental Affairs Committee on 870326 Re Discovery of Sensitive NRC Document in Files of Senior Official of Louisiana Power & Light Co ML20212N5781986-08-27027 August 1986 Order Imposing Civil Monetary Penalty in Amount of $50,000 Based on Violations Noted in Insp Conducted on 860101-31. Violation Noted:Plant Entered Mode 3 While Relying on Action Requirements of Tech Spec 3.6.2.1 ML20202G3811986-04-10010 April 1986 Order Imposing Civil Penalties in Amount of $130,000,based on Safety Insps of Licensee Activities Under CPPR-103 Conducted from June 1983 - Sept 1985.Supporting Documentation Encl ML20210B9141986-02-0505 February 1986 Notice of Publication of Encl 841219 Order.Served on 860206 ML20198H4461986-01-30030 January 1986 Memorandum & Order CLI-86-01 Denying Remaining Portion of Joint Intervenors 841108 Fifth & Final Motion to Reopen Record Re Character & Competence of Util Per 850711 Decision ALAB-812.Dissenting View of Palladino Encl.Served on 860130 ML20137J3531986-01-17017 January 1986 Order Extending Time Until 860214 for Commission to Act to Review ALAB-812.Served on 860117 ML20138P5301985-12-20020 December 1985 Order Extending Time Until 860117 for Commission to Review ALAB-812.Served on 851220 ML20137U4821985-12-0505 December 1985 Order Extending Time Until 851220 for Commission to Act to Review ALAB-812.Served on 851205 ML20138S0051985-11-15015 November 1985 Order Extending Time Until 851206 for Commission to Review ALAB-812.Served on 851115 ML20138H2451985-10-24024 October 1985 Order Extending Time Until 851115 for Commission to Act to Review ALAB-812.Served on 851024 ML20133F2711985-10-0404 October 1985 Order Extending Time Until 851025 for Commission to Act to Review ALAB-812 .Served on 851007 ML20134L5981985-08-28028 August 1985 Notice of Appearance of R Guild & Withdrawal of Appearance by L Bernabei & G Shohet for Joint Intervenors.Certificate of Svc Encl ML20137J2801985-08-26026 August 1985 Answer in Opposition to Joint Intervenors 850809 Petition for Commission Review of Aslab 850711 Decision ALAB-812, Which Denied Joint Intervenors 841108 Motion to Reopen Record.Kw Cook 850821 Affidavit Encl ML20137J2941985-08-21021 August 1985 Affidavit of Kw Cook Re Recent Equipment Failures Discussed in Joint Intervenors 850809 Petition for Review.Certificate of Svc Encl ML20136J1961985-08-19019 August 1985 Answer Requesting That Commission Deny Joint Intervenors 850809 Petition for Review of ALAB-812 Denying Motion to Reopen QA & Character Competence Issues.Certificate of Svc Encl ML20133L8901985-08-0909 August 1985 Petition for Review of ALAB-812,denying Joint Intervenor Motion to Reopen Record of OL Hearing to Litigate Util Lack of Character & Inability to Assure Safe Operation in Light of Const QA Breakdown.Certificate of Svc Encl ML20133L0421985-08-0808 August 1985 Order Extending Time Until 850920 for Commission to Act to Review ALAB-812.Served on 850808 ML20128Q1861985-07-23023 July 1985 Request for Extension of Time Until 850809 to File Appeal to 850711 ALAB-812 Denying Joint Intervenors Motion to Reopen Record.Certificate of Svc Encl ML20209F1921985-07-11011 July 1985 Decision ALAB-812 Denying Joint Intervenors 841108 Motion to Reopen Record on Const QA & Mgt Character & Competence, Except Insofar as Issues Re Matters Under Investigation by Ofc of Investigation Are Raised.Served on 850711 ML20116P1931985-05-0606 May 1985 Response to NRC & Util Responses to Aslab 850322 Memorandum & Order ALAB-801.Motion to Reopen Record of Licensing Proceedings for Litigation of Util Competence Should Be Granted.Supporting Documentation & Svc List Encl ML20116H3341985-04-30030 April 1985 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20100K3221985-04-10010 April 1985 Supplementary Comments Attesting to Validity of Statements of Fact in Sser 9 & Clarifying & Explaining Current Position on Resolution of Allegation A-48.Util Can Safely Operate & Manage Facility.Certificate of Svc Encl ML20111C7021985-03-14014 March 1985 Affidavit of RP Barkhurst Re Power Ascension Testing Program to Be Performed at Levels Above 5% of Rated Power.Facility & Operating Staff in Excellent State of Readiness to Proceed W/Power Ascension ML20112A9381985-03-14014 March 1985 Affidavit of RP Barkhurst Re Power Ascension Testing Program Performed at Levels Above 5% Rated Power & Delay in Issuance of Full Power Operating Authority.Related Correspondence ML20111B6541985-03-12012 March 1985 Motion for Leave to File Reply to Applicant Answer to Joint Intervenors Motion for Leave to File Supplemental Memorandum & Applicant Response to Supplemental Memorandum.Svc List Encl ML20102C1351985-02-28028 February 1985 Response Opposing Joint Intervenors 850225 Motion for Leave to File Supplemental Memorandum & Response to Suppl.Suppl Untimely Filed.Allegations Unsupported.Certificate of Svc Encl ML20195F5871985-02-25025 February 1985 Affidavit of Rk Kerr Re 841120 Meeting W/Cain,Dd Driskill, R Barkhurst,Admiral Williams & Rs Leddick to Discuss Licensee 1983 Drug Investigation 05-001-83(966) & 841206 Meeting Between Licensee & NRC in Arlington,Tx ML20107M7461985-02-25025 February 1985 Supplemental Memorandum in Support of Joint Intervenors Motion to Reopen.Determination by Aslab That Joint Intervenors Met Burden to Reopen Record for Litigation of Contention That Util Mgt Lacks Competence Requested ML20107M7321985-02-25025 February 1985 Motion for Leave to File Supplemental Memorandum in Support of Motions to Reopen.Request Based on Recent Public Repts Re Instability & Lack of Independence of Mgt of Applicant & Lack of Respect for NRC ML20101T3701985-02-0101 February 1985 Answer Opposing Joint Intervenors 850125 Motion for Leave to File Reply to Applicant 841130 & Staff 841221 Answers.Motion Should Be Denied & Reply Brief Rejected.Certificate of Svc Encl ML20101U3411985-01-25025 January 1985 Joint Intervenors Motion for Leave to File Reply to Applicant & NRC 841221 Responses to Joint Intervenors 841108 Motion to Reopen Three QA & Mgt Integrity Contentions for Litigation ML20101U3511985-01-25025 January 1985 Joint Intervenors Reply to Applicant & NRC 841221 Responses to Joint Intervenors 841108 Motion to Reopen Three QA & Mgt Integrity Contentions for Litigation.Certificate of Svc Encl 1996-08-07
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20210B9141986-02-0505 February 1986 Notice of Publication of Encl 841219 Order.Served on 860206 ML20134L5981985-08-28028 August 1985 Notice of Appearance of R Guild & Withdrawal of Appearance by L Bernabei & G Shohet for Joint Intervenors.Certificate of Svc Encl ML20116H3341985-04-30030 April 1985 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20100K3221985-04-10010 April 1985 Supplementary Comments Attesting to Validity of Statements of Fact in Sser 9 & Clarifying & Explaining Current Position on Resolution of Allegation A-48.Util Can Safely Operate & Manage Facility.Certificate of Svc Encl ML20112B3021985-01-0707 January 1985 Applicant Reply to NRC 841217 Basemat Submittal in Answer to Joint Intervenor 831212 Motion to Reopen Record in Proceeding & in Response to ALAB-786.Cracks Do Not Affect Structural Adequacy of Basemat ML20101G1461984-12-21021 December 1984 Typo Correction to Tm Devine 841105 Affidavit Attached to Joint Intervenors 831106 Motion for Protective Order. Certificate of Svc Encl ML20108B0871984-11-14014 November 1984 Comments on 841003 Order Re G Harstead Conflict of Interest W/Respect to Studies Conducted on Basemat.Truly Independent Study on Basemat Requested ML20099C1311984-11-14014 November 1984 Comments in Response to Aslab 841003 Order.Repts & Expert Analysis Given to Basemat Issues Confirm Prof Unbiased Nature of Harstead Engineering Assoc Submissions to Aslab. Certificate of Svc & Svc List Encl ML20099C5261984-11-0909 November 1984 Notice of Appearance in Proceeding ML20090J7331984-05-18018 May 1984 Certifies That Amend 36 to FSAR Served on Listed Individuals on 840518 ML20084H5911984-05-0404 May 1984 Certifies Svc of Amend 35 to FSAR to Listed Individuals on 840504 ML20079H2091984-01-17017 January 1984 Certifies Svc of Updated Amend 34 to FSAR on 840117 ML20080N9871983-10-0303 October 1983 Certifies Svc of FSAR Amend 33 on 830930 ML20085D6961983-07-22022 July 1983 Notice of Appearance in Proceeding ML20105B9371983-07-0101 July 1983 Certifies Svc of Amend 32 to FSAR on 830701 ML20073B8461983-04-0808 April 1983 Memorandum Advising That GL Groesch Will Represent Joint Intervenors at 830419 Oral Arguments ML20072R5461983-04-0101 April 1983 Certifies Svc of Updated FSAR Amend 31 on 830401 ML20070N3701983-01-21021 January 1983 Notice of Withdrawal of Exception to ASLB 821103 Partial Initial Decision Requiring Ltrs of Agreement for Drivers of Support Parish Vehicles to Be Used in Event of Evacuation. Certificate of Svc Encl ML20066L0211982-11-22022 November 1982 Notice of Substitution of Id Lindsey for LB Watkins as State of La Counsel.Certificate of Svc Encl ML20066E9651982-11-12012 November 1982 Certifies Svc of Applicant Opposition to Joint Intervenors Motion to Reconsider & Reopen Record & Opposition to State of La Petition to Intervene,On 821112 ML20027D5721982-11-0404 November 1982 Authorization for GL Groesch to Represent Joint Intervenors & Reaffirmation of Right of GL Groesch to Discharge L Jones on 820510 ML20065S1601982-10-26026 October 1982 Certifies That Updated Amend 29 to FSAR Was Served on Listed Individuals on 820930 ML20065F9131982-09-27027 September 1982 Certifies Svc on 820924 of Applicant Response to Comments of Parties on Emergency Public Info Brochure.Svc List Encl ML20069G0471982-09-23023 September 1982 Response to NRC & Joint Intervenors Comments on Emergency Public Info Brochure.Aslb Should Adopt Listed Schedule for Filing Revised Brochure & Prefiled Testimony & for Evidentiary Hearing.Certificate of Svc Encl ML20063D1161982-08-26026 August 1982 Clarification of ASLB 820817 Order & Conference Call. Discussion of Brochure Inadequate W/O Discussion of Info Distribution Sys.Contention 17/26 (I)(A) Not Limited to Brochure ML20058J6841982-08-10010 August 1982 Notice of Aslab Constitution.Sf Eilperin,Chairman & CN Kohl & Rl Gotchy,Members ML20058J6221982-08-0606 August 1982 Notice of Appeal of ASLB 820629 Denial of Petition to Participate as Interested State.Issue of Lack of Feed & Bleed Backup for Emergency Feedwater Sys Must Be Resolved Before OL Issued.Certificate of Svc Encl ML20058G5881982-07-30030 July 1982 Certifies Svc of Amend 28 to FSAR on 820730 ML20052C5621982-04-30030 April 1982 Certifies Svc of Amend 27 to FSAR on 820430 ML20054B6801982-04-15015 April 1982 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20050A5251982-03-26026 March 1982 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20050D4251982-03-26026 March 1982 Notices of Appearance in Proceeding.Certificate of Svc Encl ML20042A1141982-03-18018 March 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20042A4381982-03-17017 March 1982 Memorandum of Authorities,Briefing Admissibility of 28 Proposed Exhibits to Support Contention 8/9.List of Exhibits & Certificate of Svc Encl ML20040E0881982-01-27027 January 1982 Certifies Svc of Amend 25 to Facility FSAR on 820127 ML20039B7241981-12-17017 December 1981 Certifies Svc of Amend 24 to FSAR ML20009C7541981-07-17017 July 1981 Certificate of Svc of Amend 20 to FSAR on 810717 ML19350F0771981-06-19019 June 1981 Certifies Svc of Updated Amend 19 to FSAR on 810619 ML19350F0701981-06-19019 June 1981 Certifies Svc of Updated Amend 2 to Application Document on 810619 ML19345H5411981-05-18018 May 1981 Certifies Svc of Updated FSAR Amend 18 on 810518 ML20003H5291981-04-30030 April 1981 Certifies Svc of FSAR Amend 17 on 810430 ML20126H5231981-04-0808 April 1981 Informs of New Address & Telephone Number for Counsel for La Consumers League,Inc.Certificate of Svc Encl ML19350B5291981-03-16016 March 1981 Certificate of Svc for FSAR Amend 16 on 810316 ML20003B2061981-02-0505 February 1981 Certificate of Svc for Amend 15 to FSAR on 810205 ML19340D3621980-12-18018 December 1980 Certifies Svc of Updated Amend 14 to FSAR on 801218 ML19345A9111980-11-21021 November 1980 Certifies Svc of Updated Amend 13 to FSAR on 801121 ML19338E9691980-10-0101 October 1980 Certifies Svc of Fsar,Amend 12 on 801001 ML19330C5431980-08-0404 August 1980 Certifies Svc of Amend 11 to Fsar,On 800804 ML19320C2751980-07-10010 July 1980 Certifies Svc of Amend 10 to FSAR on 800710,upon Parties in Proceeding.Related Correspondence ML19320C2951980-07-10010 July 1980 Certifies Svc of Amend 10 to FSAR on 800710 1986-02-05
[Table view] |
Text
e 00CKETED UStlRC September 23, 1982 12 SEP 27 Al0 53 UNITED STATES OF AMERICA CFFICE CF SECat' NUCLEAR REGULATORY COMMISSION DCCHETo:G 4 ca: .
's AIL Before the Atomic _ Safety and Licensing Board In the Matter of )
)
LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382
)
(Waterford Steam Electric )
Station, Unit 3) )
APPLICANT'S RESPONSE TO COMMENTS OF PARTIES ON EMERGENCY PUBLIC INFORMATION BROCHURE I. INTRODUCTION By " Memorandum and Order (Reopening The Record -- Requesting Submissions)," dated August 17, 1982, the Board directed Appli-cant to serve copies of the Waterford 3 emergency public infor-mation brochure on the parties to this proceeding. The Board further directed the NRC Staff and FEM?., and the Joint Inter-venors, to file comments on the adequacy of the brochure no later than September 1 and September 15, respectively, with an opportunity for Applicant to reply to the comments of the other parties.
Applicant responds herein to the " Affidavit of Donald J.
Perrotti On Public Information Brochure" and the " Affidavit of John W. Benton and Albert L. Lookabaugh Concerning The Emergency Information Brochure," filed by the Staff on B209280365 820923 PDR ADOCK 05000382 4 G PDR
o 4
September 1, as well as Joint Intervenors' " Clarification -f Board Order and Conference Call of August 17, 1982" (undated),
and the " Affidavit of Earl L. Duncan Concerning The Emergency Information Brochure," the " Affidavit of Peter Winograd Concerning The Emergency Information Brochure," and the
" Affidavit of Sharon Duplessis" (all filed by Joint Interve-1/
nors on 3eptember 15, 1982).
Applicant observes that many of Joint Intervenors' com-ments are beyond the scope of the reopened record. Applicant further notes that it is in the process of editing the brochure to attain a lower readability level and to address certain of the NRC Staff / FEMA comments. In addition, Applicant requests that an evidentiary hearing be promptly scheduled to expeditiously resolve the limited issue of the adequacy of the brochure (as edited in light of the parties' comments to date, to the extent those comments are within the scope of the Board's Order). Finally, Applicant requests the issuance of a Partial Initial Decision on synergism and all emergency planning i
issues except the content of the brochure, pending litigation I
of the brochure issue.
1 i
_1/ By a filing captioned " Joint Intervenors Request The Right To Cross Examine" (dated August 10, 1982; sic; September 10, 1982), Joint Intervenors requested cross-examination on the Staff's September 1 filings.
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b II. DISCUSSION A. Many Comments Are Beyond Scope of Board Order Reopening Record The Board's August 17, 1982 Order reopening the record in this proceeding was expressly limited to a review of the content of the Waterford 3 emergency public information bro-chure.--2/ Many of Joint Intervenors' comments go beyond the limited purpose for which the record has been reopened.
A number of Joint Intervenors' comments go far beyond the Board's Order, and attack the substantive provisions of
. the emergency plans for Waterford 3 as they are reflected in the brochure, rather than commenting on the brochure itself.
For example, Joint Intervenors challenge the adequacy of the 3/
10 mile plume EPZ (Duncan Affidavit at 7-- ), assert the need for maintenance of a current list of persons needing trans-portation in an evacuation (Duncan Af fidavit at 7) , argue the i
l
_2/ See, e.g., " Memorandum and Order (Reopening The Record --
Requesting Submissions)" (August 17, 1982), at 2-3, focusing on " form and content" and criteria such as i
readability and the extent to which brochures might engender public complacency, and noting the Board's perceived obligation to "see and evaluate the provisions
! of the [Waterford 3] brochure" (emphasis supplied).
_3/ Though the pages of the affidavits submitted by Joint Intervenors were not numbered, Applicant has -- for the sake of clarity -- referred to each affidavit as though its pages were numbered separately, begining with page one.
l
importance of evacuating all persons from an area to the same location and of evacuating school children to the same location as their parents (Duncan Affidavit at 7-8) , and allege the need for a " practice evacuation" of the public (Duncan Affi-davit at 9).
Such comments are untimely. The substantive provisions for the evacuation of the population within the Waterford 3 plume EPZ were litigated nearly five months ago, and were not the subject of the Board's Order reopening the record.
Nor have Joint Intervenors made any attempt to meet the heavy burden which would be imposed on one seeking to reopen the record on such issues. See, e.g., Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and
- 2) , CLI-81-05, 13 N.R.C. 361, 362-63 (1981). Thus, the Board should disregard all Joint Intervenors' comments on the sub-stantive provisions for the evacuation of the population within the plume EPZ.
Others of Joint Intervenors' comments have some bearing ou the Waterford 3 public information/ education program, but l are nevertheless beyond the scope of the Board's order re-opening the record. For example, Joint Intervenors criticize the means of distribution of the brochure (Duncan Affidavit at 6, JI " Clarification"), and imply that the brochure should be printed in some unspecified language other than English (Duncan Affidavit at 8, JI " Clarification"). Neither comment L
is addressed to the precise content of the brochure -- the subject of the Board's August 17 Order. Moreover, again, Joint Intervenors' concerns are untimely. The mechanism for distributing the brochure actually was litigated in the early May hecrings in this proceeding, (see Applicant PF 19), and the language in which the brochure is being printed could have been litigated in those hearings had the issue been timely raised. Plainly, Joint Intervenors need not have waited to see the actual content of the brochure in English to assert that it should be printed in some other language as well. Indeed, Joint Intervenors gave no indication -- either in discovery, or in the course of the hearings, or even in their proposed findings -- that they contended that the brochure should be printed in some language other than English. Accordingly, the Board should disregard Joint Intervenors' comments on the means of distribution of the brochure and the language in which the brochure is to be printed.
Joint Intervenors further seek to litigate the " type and content of the radio-or television broadcasts associated with the brochure" and the " type and scope of possible educational exhibits or classroom instruction associated with the brochure" (JI " Clarification"). These issues are also clearly beyond the scope of the Board's August 17 order, which focuses on the content of the brochure alone. Nor are the issues timely raised. The emergency broadcast messages were in evidence at the early May hearings, and Joint
Intervenors could have litigated the " type and content" of those messages at that time, but failed to do so.--4/
Similarly, Joint Intervenors have never before asserted a need for " educational exhibits or classroom instruction associated with the brochure." The emergency plans in evidence reflect no provisions for such exhibits or instruc-tion, nor are they required by the Commission's regulations or NUREG-0654, and it is far too late for Joint Intervenors to assert that such provisions are necessary. The Board should therefore reject Joint Intervenors' attempts to belatedly litigate the content of the emergency broadcast messages and any asserted need for " educational exhibits or
_4/ It is simply disingenous for Joint Intervenors to assert that they considered it "a fruitless endeavor to attempt to question * *
- witnesses on the relationship between the wording of a radio broadcast * * * [and] the wording of the brochure since the brochure did not [yet] exist."
In truth, Joint Intervenors did not consider cross-examination on the content of the broadcast messages l because, as their proposed findings clearly demonstrate, Joint Intervenors were so unfamiliar with the emergency plans at the time of the hearings that they did not realize that the emergency broadcast messages were
! included in the planc in evidence. See, e.g., JI PF 7; JI Memorandum at 6. Applicant, in turn, pointed out that the broadcast massages were included in the plans and could have been the subject of Joint Intervenors' cross-l examination at the hearing. See Applicant Reply PF 17.
i Particularly in this context, it would be unfair to per-I mit Joint Intervenors to now litigate the content of the broadcast messages on the pretense of relating the content of those messages to the content of the brochure. Comments l on the broadcast messages, if permitted at all, should be narrowly confined to asserted direct inconsistencies between the content of the brochure and that of the broadcast messages. See, e.g., Afridavit of Benton and Lookabaugh at 5.
6 classroom instruction."
B. Brochure Is Being Edited To Reflect valid Comments of Parties Applicant is currently in the process of editing the brochure provided to the parties (proposed Applicant Exhibits 11 and 12) as necessary to reflect the comments of the NRC Staff / FEMA as well as Joint Intervenors' concerns about the
" readability" of the brochure. See Winograd Affidavit; Duplessis Affidavit. Specifically, the brochure is being edited to a lower level of educational attainment.
j C. Hearing Should Be Promptly Convened On Adequacy of Revised Brochure Applicant does not believe that an evidentiary hearing on the brochure is required, particularly in light of the revision of the brochure to make it more " readable" and to reflect the other valid comments of the parties. Nevertheless, under the circumstances, a hearing may be the most expeditious 5/
means of resolving the brochure issue. Accordingly, Applicant requests that an evidentiary hearing be convened to resolve the limited issue of the adequacy of the brochure (as edited in light of the parties' comments to date, to the
--5/ Applicant's submittal of the revised brochure text would obviate the need for a Board ruling admitting proposed Applicant Exhibits 11 and 12 (the brochure and the color overlay for the brochure map). Similarly, the Board need not rule on the admissibility of the affidavits filed to date.
extent those comments are within the scope of the Board's order).
Applicant proposes the following schedule for a hearing on the revised brochure.
Submittal of text of revised October 15, 1982 brochure (served by Federal Express)
Submittal of prefiled testimony November 1, 1982 by all parties Commencement of evidentiary November 15, 1982 hearing Applicant does not anticipate an evidentiary hearing of longer than two or three days duration assuming that such a hearing would be of limited scope in accordance with the Board's Order and the discussion above.
D. Issuance of Decision On Other Issues Need Hot Await Resolution of Brochure Issue The issuance of a Partial Initial Decision on synergism and all emergency planning issues except the content of the brochure need not await resolution of the brochure issue.
The record on the synergism issue has long been closed, and plainly is in no way affected by the Board's August 17 order reopening the record. Similarly, as discussed above, the Board reopened the record on emergency planning matters only as to a very discrete issue. The vast majority of the record on emergency planning matters is ripe for decision. Moreover, given the breadth of the emergency planning issues before the Board, the Board's decision is of great importance to the
_9_
extensive training of large numbers of personnel on the emergency plan by Applicant, the State and the Parishes, which must be completed over the next few months. Accordingly, Applicant respectfully requests the issuance of a Partial Initial Decision on synergism and all emergency planning issues except the content of the brochure, pending litigation of the brochure issue.
III. CONCLUSION For all the reasons stated above, Applicant requests that the Board (1) adopt the schedule set forth herein for the filing of the revised brochure, the submittal of prefiled testimony, and the commencement of an evidentiary hearing and (2) further define the limited scope of the evidentiary hearing in accordance with the Board's August 17 order and l
the arguments above. In addition, Applicant respectfully requests the issuance of a Partial Initial Decision on synergism and all emergency planning issues other than the content of the brochure, pending litigation of the brochure issue.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By ofd a B'rucie W . Ch6rchill () yJ Ernest L. Blake, Jr.
James B. Hamlin Delissa A. Ridgway Counsel for Applicant Dated: September 23, 1982
September 23, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382
)
(Waterford Steam Electric )
Station, Unit 3) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response To Comments Of Parties On Emergency Public Information Brochure" were or will be served: by hand-delivery to Sheldon J. Wolfe, Administrative Judge and Sherwin E. Turk, Staff Counsel on September 24, 1982; by deposit with Federal Express to Dr. Walter H. Jordan, Administrative Judge on September 23, 1982; and by deposit with Express Mail to Dr. Harry Foreman, Administrative Judge and to Joint Intervenor Gary Groesch on September 23, 1982; and that one true and correct copy of same was served by deposit in the United States mail, First Class, postage prepaid, addressed to each of the other persons on the attached service list, this 23rd day of September, 1982.
- \
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e th*Chefchill Dated: September 23, 1982
J UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382
)
(Waterford Steam Electric )
Station, Unit 3) )
SERVICE LIST Sheldon J. Wolfe, Esquire Mr. Gary Groesch ..
Administrative Judge 2257 Bayou Road Chairman, Atomic Safety and New Orleans, LA 70119 Licensing Board U.S. Nuclear Regulatory Luke B. Fontana, Esquire Commission 824 Esplanade Avenue Washington, D.C. 20555 New Orleans, LA 70116 Dr. Harry Foreman Atomic Safety and Licensing Administrative Judge Board Panel Director, Center for U.S. Nuclear Regulatory Population Studies Commission Box 395, Mayo Washington, D.C. 20555 University of Minnesota Minneapolis, MN 55455 Atomic Safety and Licensing Appeal Board Panel Dr. Walter H. Jordan U.S. Nuclear Regulatory Administrative Judge Commission 881 West Outer Drive Washington, D.C. 20555 Oak Ridge, TN 37830 Docketing & Service Section (3)
Sherwin E. Turk, Esquire (4) Office of the Secretary
.: Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555
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