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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20138G3821985-12-12012 December 1985 Order Denying Utils 851029 Request for NRC to Reconsider 850918 Denial of Fee Exemption Request.Situation Does Not Merit Special Treatment.Final Action Will Be Taken After Fee Correctness Matters Resolved.Served on 851212 ML20138K0661985-12-12012 December 1985 Transcript of 851212 Affirmation/Discussion & Vote in Washington,Dc Re SECY-85-367A on Palo Verde 1 Leaseback & SECY-85-371 on Refund on Black Fox License Fee.Pp 1-4 ML20127B0071985-06-14014 June 1985 Application for Waiver of Withdrawal Fees Under 10CFR170.12 for Plant.Assessment of Fees Would Violate Fairness, Public Policy & Value to Applicant Principles.Cancellation of Project Due to NRC Actions.Certificate of Filing Encl ML20127B0221985-06-12012 June 1985 Brief in Support of Application for Waiver of Withdrawal Fees Under 10CFR170.12.Unique Circumstances Described. Informal Hearing Requested.Certificate of Filing Encl ML20132B4341985-06-12012 June 1985 Application for Waiver of Withdrawal Fees Under 10CFR170.12(b).Assessment of Fees Violates Fairness,Public Policy & value-to-applicant Principles of Independent Ofcs Appropriation Act of 1952.Supporting Brief Encl.W/O Encl ML20073B9761983-04-0707 April 1983 Motion to Dismiss Remaining Environ Issue.Aslb 830307 Order Revoked Plant LWA & Published Notice of Withdrawal of Application for Cps.Certificate of Svc Encl ML20071B8151983-02-25025 February 1983 Response to Applicant Motion for Termination of Proceeding & Withdrawal of Application.State of Ok Does Not Intend to File Objections to Motion.Certificate of Svc Encl ML20064N5181983-02-0707 February 1983 Motion for Extension Until 830223 to Respond to Util 830123 Motion for Termination of Proceeding & Withdrawal of Application.W/Certificate of Svc ML20028F1971983-01-24024 January 1983 Notice of Substitution of ML Bardrick for Sj Drake as State of Ok Representative.Certificate of Svc Encl ML20070N7831983-01-23023 January 1983 Motion for 2-day Extension to Respond to ASLB 830107 Order Until 830123.Certificate of Svc Encl ML20070N8211983-01-23023 January 1983 Motion for Termination of Proceeding & Withdrawal of Application.Site Will Be Used for Alternative Power Generation Facility.Site Redress Plan Will Address Return of Site to Undisturbed Condition.Certificate of Svc Encl ML20028C3361983-01-0404 January 1983 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054J8331982-06-23023 June 1982 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20054G1811982-06-18018 June 1982 Memorandum & Order Denying W/O Prejudice,Applicant 820406 Motion for Termination of Proceeding & Withdrawal of Application.Insufficient Info Exists to Grant Motion Since Util Undecided on Future Plans for Site ML20053D1951982-05-24024 May 1982 Affidavit of JB West on NRC Concerns Expressed During 820517 Site Visit Re Potential Offsite Environ Impact of Erosion & Siltation in Area of Inclined Reactor Pressure Vessel Haul Road Leading from Barge Slip Facilities ML20052G8341982-05-14014 May 1982 Response to ASLB 820429 Order Re Site Redress.Final Decision on Site Redress Should Be Deferred Until Decision Made by End of 1982 on Future Power Projects.Certificate of Svc Encl ML20052G8381982-05-13013 May 1982 Affidavit of JB West Describing Preliminary Site Const Activities Undertaken & Current Plans for Site Redress ML20050E2821982-04-0606 April 1982 Motion for Termination of Proceeding & Withdrawal of Application W/O Prejudice.Util on 820216 Decided to Cancel Plants.Certificate of Svc Encl ML20040H4671982-02-12012 February 1982 Response to NRC & Applicant Opposition to Intervenor Motion to Reopen Record on ECCS Matters ML20040H4741982-02-11011 February 1982 Affidavit of Gc Minor Re ECCS Issues.Results of Tests or Analyses Which Erode Basis for Assumed Adequacy Must Be Resolved or Possible Design Deficiencies Corrected to Assure Safe Operation.Certificate of Svc Encl ML20040G6171982-02-10010 February 1982 Response to Citizens Action for Safe Energy,Younghein & Burrell 820201 Reworded Contention on Financial Qualifications.Contention Should Be Admitted.Certificate of Svc Encl ML20040F3641982-02-0101 February 1982 Proposed Contentions in Light of SER Suppl 3 ML20040F3741982-02-0101 February 1982 Reworded Contention Re Financial Qualifications Per ASLB 811217 Order.Certificate of Svc Encl ML20040D5691982-01-25025 January 1982 Interrogatories & Request for Production of Documents,Per ASLB 811014 & 1217 Orders.Certificate of Svc Encl ML20040D5711982-01-25025 January 1982 Interrogatories & Request for Production of Documents,Per ASLB 811014 & 1217 Orders.Certificate of Svc Encl ML20040D8371982-01-25025 January 1982 Reply Opposing Citizens Action for Safe Energy,L Burrell & I Younghein 820120 Motion to Abate Proceedings.Ok Corporation Commission Opinion Only Advisory & Alternatives to Cancellation Are Viable.Certificate of Svc Encl ML20040C0801982-01-21021 January 1982 Motion for Extension of Time Until 820102 to Respond to Intervenors' Motion to Reopen Record Re ECCS Models Deficiencies.Licensee Affiant Seriously Ill & No Other Affiant Available.Certificate of Svc Encl ML20040C0591982-01-20020 January 1982 Motion to Abate Proceedings Until 820125.OK Corp Commission 820115 Order Directed Applicants to Advise Commission of Decision on Whether to Proceed W/Const within 30 Days. Certificate of Svc Encl ML20040A9641982-01-15015 January 1982 Decision of Ok Corporation Commission Denying Util Request for Rate Base Treatment of Const Investment for Facility. Proposes Facility Be Converted to Coal.Nrc Dilatory Actions Re TMI Accident Cited as Influencing Factors ML20040A8221982-01-11011 January 1982 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20039G1041982-01-0707 January 1982 Motion for Extension of Time Until 810122 to Reply to Intervenor Motion to Reopen Record Re ECCS Model Deficiencies.Info Supporting Motion to Reopen Record within GE Custody So GE Must Review Matl.Certificate of Svc Encl ML20039E8671982-01-0505 January 1982 Affidavit That Neither Interim Containment Loads Rept, Mark III Containment, Revisions 3 or 4 or Info in Mb Fields Dec 1981 Memo Have Any Significant Effect on Preliminary Mark III Containment Design of Facility ML20039E1111981-12-29029 December 1981 Motion to Reopen Record Re ECCS Model Deficiencies.Board Notification 81-49 Indicates Discovery of Info of Matters of Serious Safety Significance & Warrants Reopening of Record. Certificate of Svc Encl ML20039C2351981-12-22022 December 1981 Response to NRC & Applicant Responses to Contentions Re Hydrogen Control Issues.Contention Should Be Accepted by Aslb.Certificate of Svc ML20039B0841981-12-14014 December 1981 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20062M3441981-12-0808 December 1981 Response to Citizens Action for Safe Energy,L Burrell & I Younghein 811120 Proposed Contentions.Opposes Hydrogen Control Contention as No Issue of Fact Suitable for Resolution Stated & Contention Lacks Reasonable Specificity ML20039A1791981-12-0808 December 1981 Notice of Appearance in Proceeding ML20005C0661981-11-10010 November 1981 Reply to Intervenors 811105 Motion for Extension Until 811121 to File Addl Contentions.Util Does Not Opppose Motion.Response Date of 811208 Should Be Established. Certificate of Svc Encl ML20005C1051981-11-0505 November 1981 Motion to Modify ASLB 811014 Order by Extending Until 811121,time within Which to Identify & Propose Contentions Re Hydrogen Control.J Callo 811021 Ltr & Certificate of Svc Encl ML20005C0201981-11-0505 November 1981 Proposed Contentions for Continued Radiological & Safety Hearings ML20010D1671981-08-18018 August 1981 Notice of Change of Svc List.Ja Basile Should Replace Vl Conrad ML19345A7161980-10-31031 October 1980 Order Transferring Civil Action 80-2659 to Us District Court for Central District of Il.Reed Rept May Not Be Released Pending Disposition ML19344E2531980-08-25025 August 1980 Motion for Appearance of FW Taylor & Withdrawal of Rf Berger in Civil Action 80-1566 Before Us Court of Appeals for DC Circuit ML19344B3121980-08-18018 August 1980 Notice of Withdrawal in Proceeding.Certificate of Mailing Encl ML19344B3131980-08-18018 August 1980 Notice of Appearance in Proceeding.Certificate of Mailing Encl ML19330B2201980-06-30030 June 1980 Notices of Jg Thomas & CS Rogers Withdrawal & Rf Berger Appearance in Proceeding.Certificate of Svc Encl ML19320A7861980-06-24024 June 1980 Motion to Intervene as Interested State in Case 80-1566 Before Us Court of Appeals for DC Circuit.Nrc Regulations Grant States Legal Right to Intervene at Appeal Stage. Certificate of Svc Encl.Related Correspondence ML19344D7871980-04-0707 April 1980 Brief Amicus Curiae Re Certified Question of Whether Litigation of Health Effects of Normal Radioactive Releases Is Barred as Matter of Law.Issue Is Precluded in Absence of Special Circumstances.W/Certificate of Svc ML19305E0841980-04-0707 April 1980 Memorandum Stating Views Re Question Certified in ALAB-573. Consideration of Health Effects from Emission within App 1 Limits Is Central & Controlling Factor.Certificate of Svc Encl ML19305E1741980-04-0101 April 1980 Statements of Position Re Certified Question of App 1 of 10CFR50 Concerning Litigation of Health Effects of Routine Radioactive Emissions.Urges Dismissal of Inquiry.Certificate of Svc Encl 1985-06-14
[Table view] Category:PLEADINGS
MONTHYEARML20073B9761983-04-0707 April 1983 Motion to Dismiss Remaining Environ Issue.Aslb 830307 Order Revoked Plant LWA & Published Notice of Withdrawal of Application for Cps.Certificate of Svc Encl ML20071B8151983-02-25025 February 1983 Response to Applicant Motion for Termination of Proceeding & Withdrawal of Application.State of Ok Does Not Intend to File Objections to Motion.Certificate of Svc Encl ML20064N5181983-02-0707 February 1983 Motion for Extension Until 830223 to Respond to Util 830123 Motion for Termination of Proceeding & Withdrawal of Application.W/Certificate of Svc ML20070N8211983-01-23023 January 1983 Motion for Termination of Proceeding & Withdrawal of Application.Site Will Be Used for Alternative Power Generation Facility.Site Redress Plan Will Address Return of Site to Undisturbed Condition.Certificate of Svc Encl ML20070N7831983-01-23023 January 1983 Motion for 2-day Extension to Respond to ASLB 830107 Order Until 830123.Certificate of Svc Encl ML20050E2821982-04-0606 April 1982 Motion for Termination of Proceeding & Withdrawal of Application W/O Prejudice.Util on 820216 Decided to Cancel Plants.Certificate of Svc Encl ML20040H4671982-02-12012 February 1982 Response to NRC & Applicant Opposition to Intervenor Motion to Reopen Record on ECCS Matters ML20040D8371982-01-25025 January 1982 Reply Opposing Citizens Action for Safe Energy,L Burrell & I Younghein 820120 Motion to Abate Proceedings.Ok Corporation Commission Opinion Only Advisory & Alternatives to Cancellation Are Viable.Certificate of Svc Encl ML20040C0801982-01-21021 January 1982 Motion for Extension of Time Until 820102 to Respond to Intervenors' Motion to Reopen Record Re ECCS Models Deficiencies.Licensee Affiant Seriously Ill & No Other Affiant Available.Certificate of Svc Encl ML20040C0591982-01-20020 January 1982 Motion to Abate Proceedings Until 820125.OK Corp Commission 820115 Order Directed Applicants to Advise Commission of Decision on Whether to Proceed W/Const within 30 Days. Certificate of Svc Encl ML20039G1041982-01-0707 January 1982 Motion for Extension of Time Until 810122 to Reply to Intervenor Motion to Reopen Record Re ECCS Model Deficiencies.Info Supporting Motion to Reopen Record within GE Custody So GE Must Review Matl.Certificate of Svc Encl ML20039E1111981-12-29029 December 1981 Motion to Reopen Record Re ECCS Model Deficiencies.Board Notification 81-49 Indicates Discovery of Info of Matters of Serious Safety Significance & Warrants Reopening of Record. Certificate of Svc Encl ML20005C0661981-11-10010 November 1981 Reply to Intervenors 811105 Motion for Extension Until 811121 to File Addl Contentions.Util Does Not Opppose Motion.Response Date of 811208 Should Be Established. Certificate of Svc Encl ML20005C1051981-11-0505 November 1981 Motion to Modify ASLB 811014 Order by Extending Until 811121,time within Which to Identify & Propose Contentions Re Hydrogen Control.J Callo 811021 Ltr & Certificate of Svc Encl ML19344E2531980-08-25025 August 1980 Motion for Appearance of FW Taylor & Withdrawal of Rf Berger in Civil Action 80-1566 Before Us Court of Appeals for DC Circuit ML19305E0841980-04-0707 April 1980 Memorandum Stating Views Re Question Certified in ALAB-573. Consideration of Health Effects from Emission within App 1 Limits Is Central & Controlling Factor.Certificate of Svc Encl ML19305E1741980-04-0101 April 1980 Statements of Position Re Certified Question of App 1 of 10CFR50 Concerning Litigation of Health Effects of Routine Radioactive Emissions.Urges Dismissal of Inquiry.Certificate of Svc Encl ML19290F1831980-03-0404 March 1980 Response in Opposition to Citizen'S Action for Safe Energy,L Burrell & I Youngheim 800226 Motion to Strike Applicants' Class 9 Accident Pleadings Alleging Lateness.Five Addl Days Granted by Rules When Svc Is by Mail.W/Certificate of Svc ML19305C9251980-02-26026 February 1980 Intervenor Response to Applicant Motion to Strike Response of Ok Attorney General to ASLAB-573.State of Ok Response Contains Important & Substantive Comments & Should Be Adopted to ALAB-573.Certificate of Svc Encl ML19305C9321980-02-26026 February 1980 Intervenor Motion to Strike Applicant Motion to Dismiss Class 9 Accident Inquiry & Motion to Strike Response of Ok Attorney General to ALAB-573.Proceeding Should Be Judged on Merits & Not Technicalities.Certificate of Svc Encl ML19290F1291980-02-26026 February 1980 Response in Opposition to Applicant'S 800211 Pleadings to Strike State of Ok Response to ALAB-573.Urges Commission to Reject Applicants Late Responses Re Need to Consider Class 9 Accident Consequences ML19290F1321980-02-26026 February 1980 Motion to Strike Applicant'S 800211 Motion to Dismiss Class 9 Accident Inquiry,Applicants' 800211 Motion to Delete State of Ok Response to ALAB-573 & Applicants 800211 Response to Aslab Inquiry Re Need to Consider Class 9 Consequences ML19290F1351980-02-26026 February 1980 Response in Opposition in Applicants 800211 Motion to Strike State of Ok Response to ALAB-573.Although Not Participating Party,State of Ok May Give Advice to Commission W/O Taking Position on Issues Per 10CFR2.715(c) ML19290F1371980-02-26026 February 1980 Response in Opposition to Applicant'S 800211 Motion to Dismiss Class 9 inquiry.Safety-related Class 9 Issues Differ from Question of Timely Class 9 Environ Impact Analysis ML19211C8701980-01-0404 January 1980 Motion to File Brief If Commission Accepts Review of Certified Issue Re Litigation of Radioactive Effects. Significant Interest by Tx Utils Generating Co Justifies Filing as Amicus Curiae.W/Certificate of Svc ML19260A6101979-11-16016 November 1979 Motion for Clarification of Commission 791105 Final Statement Modifying Adjudicatory Procedures.Questions Whether Final Statement Supersedes or Supplements Commission 791005 Interim Statement.Certificate of Svc Encl ML19276H4861979-10-30030 October 1979 Response in Opposition to Applicants' 791015 Suggestion of Hearing Schedule.Applicant Failed to Show That near-term Hearings Should Be Held.If Schedule accepted,long-term TMI-2 Issues Should Be Heard.Certificate of Svc Encl ML19210C2951979-10-15015 October 1979 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 ML19254E4111979-09-20020 September 1979 Response in Opposition to Applicant Motion for Commission Hearings.Urges ASLB Forestall Issues Concerning TMI-2, Publication of Results of Kemeny Commission & Rogovin Special Inquiry.Certificate of Svc Encl ML19250B7901979-09-20020 September 1979 Response to Applicants' Motion for Commission Action.Issues Raised by TMI-2 Accident Should Be Addressed in Applications for CP.Long-term Lessons Learned Recommendations & Kemeny Commission Rept Should Be Incorporated.W/Certificate of Svc ML19259D6641979-08-27027 August 1979 Response by Intervenors to Util 790811 Request for Hearing & Motion Establish Hearing Schedule.Hearings Should Be Held After Study of TMI Repts.Operating Data Should Be Available Certificate of Svc Encl ML19209B0851979-08-27027 August 1979 Response Submitted by Intervenor State of Ok to Util 790811 Request That ASLB Reopen Record for Hearings.Public Interest Requires Reopening Record for Litigation of TMI-related Issues.Supporting Documentation & Certificate of Svc Encl ML19249F0181979-08-11011 August 1979 Requests That ASLB Deny State of Ok 790419 Motion for Indefinite Stay.Seeks Reopening of Hearings to Explore Aspects of TMI Pertinent to Proceedings.Aslb Should Reopen Record & Establish Hearing Schedule ML19224C8171979-05-31031 May 1979 Seeks Denial of NRC 790518 Request for Deferral of Decision on Question of Opening Record.If Any Pending Motion Is Decided Adversely to Util,Ruling Should Be Referred to Aslab.Certificate of Svc Encl ML19224D6941979-05-21021 May 1979 Requests That ASLB Allow Ps of Ok to Responds to NRC 790518 Answer to State of Ok Motion for Indefinite Stay.Parties Request Various Forms of Relief.Parties Have No Objection to Motion.Certificate of Svc Encl ML19261E3701979-05-18018 May 1979 Request by Util Re Intervenors 790427 Motion to Reopen Record.Seeks Denial of Request Re Financial Qualification, Tmi,Class 9 Accidents & Emergency Planning & post-accident Monitoring.Certificate of Svc Encl ML19224C8291979-05-17017 May 1979 Answer by Util to NRC 790509 Finding of Facts Re Eccs. Requests That ASLB Treat Findings as Final & Make Record Ready for Decisions.Nrc Is Not Following Rules of Practice. Certificate of Svc Encl ML19261D8331979-05-11011 May 1979 Response by Applicants to State of Ok Motion for Indefinite Stay in Issuance of Initial Decision.State Lacks Standing to File Motion W/Aslb;Legal Requirements for Obtaining Stay Have Not Been Met.W/Supporting Ltr & Certificate of Svc ML19224C8251979-05-10010 May 1979 Notifies ASLB of Participation of County of Columbia,Ny & Town of Stuyvesant,Ny,Per 10CFR2.715(c).Contentions of Concerned Citizens for Safe Energy,Inc Will Be Adopted If Necessary ML19224C8191979-05-10010 May 1979 Forwards & Adopts Contentions of Concerned Citizens for Safe Energy.Contentions Supplement Petition to Intervene ML19224C8241979-05-10010 May 1979 Contentions of Concerned Citizens for Safe Energy,Inc & Town of Stuyvesan,Ny,In Response to NRC 790205 Notice.Submits Contentions Re Choice of Stuyvesant as Alternate Site & Cost & Benefit of Facility.Reserves Right to Amend Contentions ML19263E6631979-05-0404 May 1979 Requests ASLB Grant Extension Until 790518 for Util to File Answer to Intervenors 790419 Motion for Indefinite Stay of Initial Decision.Motion Seeks Addl Relief,Reply Is Warranted.Certificate of Svc Encl ML19263E3031979-04-30030 April 1979 Util Request That ASLB Grant Extension Until 790501,to Permit Util to File Answer to State of Ok 790419 Motion for Indefinite Stay in Issuance of Initial Decision. Certificate of Svc Encl ML19269D4181979-04-26026 April 1979 Response by Util to Proposed Findings of Fact & Conclusions of Law from NRC & Joint Intervenors Citizens Action for Safe Energy,I Younghein & L Burrell.Limited to Findings Where Clarification of Record Is Required ML19289E8781979-04-0303 April 1979 Requests Extension Until 790412 to File Proposed Findings of Facts & Conclusions of Law.Certificate of Svc Encl ML19274E4051979-03-0101 March 1979 Intervenors' Motion to Suppl Record W/Tulsa Urban Study, Prepared by Us Army Corps of Engineers.Excerpt from Study & Certificate of Svc Encl ML19274E4361979-02-27027 February 1979 State of Ok'S Petition to Participate as Interested State. Notices of Appearance of Jg Thomas & CS Rogers & Certificate of Svc Encl ML19261B2691979-01-24024 January 1979 Applicants' Response to NRC Motion for Preliminary Ruling Re Initiating Causes for Design Basis Fires.Urges Denial of Motion W/O Prejudice as Untimely & Informs of Intent to Submit Addl Testimony.Certificate of Svc Encl ML19270F0601979-01-0505 January 1979 Motion by Applicant W/Suggested Schedule for Proceeding in Hearings.Counsel for All Parties Are Amenable to the Timetable.Certificate of Svc Encl ML19289C8671979-01-0404 January 1979 Request by Intervenors That Oral Argument Be Postponed for Not Less than 60 Days.Intervenors Have No Funds at the Moment to Pay for Trip to Washington,Dc.Certificate of Svc Encl 1983-04-07
[Table view] |
Text
_
T/C NRC PUBLIC DOCUMDTI RCOM October 15, 1979 ~
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,M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~
A ,R.i ;
& _.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)
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 '
l 178
- 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).
7911140 Ob G
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.
(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, Josep Gallo One of the Attorneys for the Applican:s Ish;m, Lincoln & Beala 1050 17th Street, N.W.
Suite 701 Washington, D.C. 20036 1 180 October 15, 1979
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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^ ACE FEDER.41. REPORTERS.INC.
OfficialRepor:ers m Ncrth C citol Street '
wesningten. o.C. ':CCC 1 l lg NATICNWIDE COVERAGE . D AILY
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o _, l UNITED STATES OF AM. ERICA l 1
'- 2 NUCLEAR REGULATORY COMMISSION ,
i .
3!
i I PCELIC MEETING l
4 i i
l 5 DISCUSSION OF PROCEDU?2S FOR COMMISSION PSVIEN
OF LICENSE APPLICATIONS & INTERIM STATEMENT ON '
6 LICENSING (See 9/24 & 9/26 OGC Memes)
I i ___ l 7' i i
8 Room 1130 i
9, 1717 H Street, N.W.
Washington, D. C.
10 -
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
13 .-
.i , U. t. ?..q r_ s.*m.
19 g
!- Messrs. Bickwit, Buck, Case, Farrar, Gossick, La::c , Maisch, 20 l
)Ostrach,andShapar.
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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.
25 ma ter, these options do call f or p:licy sta ements ini:r rill
4 1.01.2
.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.
\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.
22 M9. BICKAIT: Basically, the statement provices One:
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o 1.01.3
'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.
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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6 1.01.4
,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.
^
' 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 --
'/
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
.- 25 is ce termine: :nat new construction permits, limiteo -: re.
1 186
$Ek$ $
7
- 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
.14 appropriate.
d^
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.
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
~
9 71.01.s W. gsh I get this action, the 1e.tters to CP owners and CP applicants 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.
!! (Laughter.)
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
#' #' C' o
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1 189 m a - .a a
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
~'
1 190
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
.-. . . _ .}}