ML20062D410

Applicant Dpc'S Motion to Establish a Hearing Sched in Proceedings Re Subj Facil.Dpc Maintains That Since All Evidence Has Now Been Taken & NRC Staff Analysis Issued, Matter Is Now Ripe for ASLB Consideration.Cert of Svc Encl

ML20062D410
Person / Time
Site:	Perkins
Issue date:	11/07/1978
From:	Mcgarry J DUKE POWER CO.
To:
References
NUDOCS 7811220231
Download: ML20062D410 (6)

Text

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Y6D UNITED STATES OF AMERICA

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DUKE pCWER CCMPANY ) Cccket Nos. STN 50-433

) SOI 50-489 (Perkins Nuclear Station, ) SOT 50-490 Units 1, 2 and 3) 4 APPLICAN"'S MOTICN TO ESTABLISH  ;

A HEARING SCEEDULE On July 14, 1978 this Scard, pursuant to a request frc=

the NRC Staff, recpened the record "for new evidence regard-ing the Staff's analysis of sites alternate to the Perkins site". Since that date, the Staff has been engaged in pre-paring such "new evidence". This effort entailed chtaining informaticn fr:= the ' Applicant, which infor=aticn was served upcn the 3 card and parties. See Applicant's letters of August 3 and 31, 1978. By teday's date, Staff ce=pleted its re-analysis of alternate sites and issued its " Supple =entary NRC Staff Testi=cny Regarding the Criteria Used to Select Site Alternatives to the Perkins Site a.d to Examination cf Site Alternatives to Perkins". So postured, Applicant sain-

ains that the matter is new ripe for this Scard's censidera-1/

tien.- Accc:dingly, Applicant =cves pursuant to 10 CFR

-1/ This scard has stated tha: *it ex ects to receive -

l addi icnal testineny en generic safety issues in the I recpened hearings". Scard Crder of Cc:cher 13, 1973.

• =-a = e nc cuestanding satters in -his regard with respec :: prepara:icn of dccuments by the varicus parties, and acecrdingly, this natter shculd he suhject

discussien and resciuticn a. the same time as the l 3 card addresses .he alternate site satter.

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Section 2.730 for the establish =ent of a hearing schedule. l Specifically, Applicant requests the following:  ;

November 30, 1973 Ccmpletien of Discovery December 7, 1978 Submittal of Prefiled Testimeny by all parties December 12-15, 1978 Hearing December 22, 1978 Submittal of preposed Findings of Fact.

Applicant would make several ccements regarding the schedule.

First, the above schedule presumes a hearing. Such presumption stems from the Scard's Crder of Octcher 13, 1978 which makes reference to reopened hearings. Applicant submits that this Board may well wish to consider treating this =atter as well as that cf the generic safety issue by affidavit. In this regard see Texas Generatine Ccmpany, et al., (Ccmanche Peak i

Steam Electric Station, Units 1 & 2) , ALA3 260, 1 NRC 51,56 ,

l (1975); see also Duquesne Light Cc=pany, et al. (Perrf Nuclear Plant, Units 1 & 2) L3P-75-73, 2 NRC 946, 953 (1975), Aif'd ALA3 449, 6 NRC S84 (1977). Such a course is particularly appropriate in that no party has placed in issue the matter of alternative sites; rather the staff, with Scard Approval,

. re-analyced alternative sites.

In the event a hearing is held, Applican submits that the abcve schedule is clearly warranted. Perkins is -he seccnd c1 des: case under continucus Ccesissien construction termi: review, the applica:icn havine. been activel.r r.endine.

i fer ever fcur and a half years. 10 CFR Section 2.713 instructs i

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the presiding officer "to take appropriate action to avoid delay". The Cenmission in expcunding upon Section 2.713 in Acc.endix A to 10 CFR Part 2 states in Section V that:

"The Board should use its powers under SS2.718 and -

2.757 to assure that the hearing is fccused upon che matters in centroversy among. the parties and that the hearing process for the resolution of centroverted

=atters is cenducted as expediticusly as possible, censistent with the development of an adequate de-cisional , record."

Also found in the intreduction to Appendix A is the Cc= mission's .

stacement of its incent that:

"preceedings be conducted expediticusly and its concern that its precedures maintain sufficient flexibility to acccm=cdate that objective. This e esitien is founded upon the recognition that fair-ness to all the parties in such cases and the obli-gation of administrative agencies to conduct their functions with ef ficiency and ecenemy, recuire that Cc=missien adjudicaticns he ccnducted without un-necessary delays. These facters take on added im-pertance in nuclear pcwer reactor licensing proceed-ings where the growing national need for electric pcwer and the ccmpanica need for protecting the quality of the environment call for decisien making which it both sound and timely. The Cc==issicn expects that its respcnsibilities under the At:mic Energy Act of 1954, the National Environmental Policy Act of 1969 and other applicable statuces, as set cut in the statement which follows, will be carried out in a manner cen-sistent with this position in the overall public interest."

See also the Statement of Ccnsideratiens pertaining te Appen"-

dix A wherein the Ccemissien stated:

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- - . .". a C m-missicn expressly recognices the positive necessity for expediting the decisicnmaking prececs and avoid-ing undue delays. It expects that its respcnsibilities

J as amended, the under the Atemic Energy Act of 1954, and other National Envrionmental Policy Act of 1969, applicable statutes, will be carried out in a manner consistent with this policy in the overall public in-terest.

4" "*e "The dimensions of the problem are reflec'ad i increasingly lengthy p cceedings in f acility licens ng.

In scme cases, hearing times are beginning to be =ea-sured in years.

Parenthetically, the time interval between the filing of an application and the granting '

of a construction permit or operating license for a nuclear pcwer reactor has been increasing in recent Addi-years on the average of 20 percent annually.

tienal responsibilities stemming from recent statutesand 37 Fed. Reg. 15127 (1972).

sericusness of the problem."

Units See also Illinois ?cwer Ccmpany (Clinton ?cwer Station, Nos. 1 & 2) , ALA3-340, 4 NRC 27, 33 (1976).

Applicant wculd 'pcint out that the Intervenors have al-ready conducted extensive discovery of the Applicant and all i of that remains is discovery of the Staff and the preparat en ,

testimony. Clearly, in light of the f act that all parties ,

1973 have been aware of this matter since the Board's July 14, ruling and have been furnished ccpies of pertinent docu=ents relating to this =atter, it is clearly reasonable to preceed c hearing in early December. '

For the aheve stated reascas, Applicant respectfully requests that its =otien establishing a hearing schedule be app:cved.

Respectfully submitted, .

Y i fi. Macnael ncG t:1, .(/

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Cf ccunsel:

William 1. Porter, Isq.

AsscJ i ate General Ccunsel Duke ?cwer Ccmpany Neve=he: 7, 1973 4

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• UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

In the Matter of )

)

DUKE PCWER CCMPANY ) Docket Nos. STN 50-488

) STN 50-489 (Perkins Nuclear Station ) STN 50-490 Units 1, 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Motion to Es- ,

tablish a Hearing Schedule", dated November 7, 1978 in the captioned =atter, have been served upon the following by deposit in the United States mail this 7th day of November,  !

1978.

Elizabeth S. Ecwers Charles A. Barth, Esq.

Chairman, Atomic Safety Counsel for'NRC Regulatory and Licensing Board Staff U. S. Nuclear Regulatory Office of the Executive '

Cc= mission Legal Director "

Washington, D. C. 20555 U. S. Nuclear Regulatcry Commission Dr. Donald P. deSylva Washington, D. C. 20555  :

Associate Professor of Marine Science Willimm A. Raney, Jr., Esq.

Rosenstiel Schcol of Marine Special Deputy Attorney .

and Atmospheric Science General  !

University of Miami State of North Carolina Miami, Florida 33149 Department of Justice ,

Posn Office Box 629 Dr. Walter E. Jordan Rs.leigh, North Carolina 881 West Cuter Drive 27602 -

Oak Ridge, Tennessee 37830  ;

William G. Pfefferkorn, Esq.

William L. Porter, Esq. 2124 Wachovia Suilding  !

Associate General Counsel Winston-Salem, North Carolina Duke Power Company 27101 i Post Office Sox 2173 Charlotte, North Carolina i

, 23242 ,

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e Mary Apperson Davis Mr. Chase R. Stephens Route 4 Docketing and Service Station Box 261 office of the Secretary Mcckeville, North Carolina U. S. Nuclear Regulatory 27028 Comission Washington, D. C. 20555 Chairman, Atemic Safety and Licensing Board Panel U. S. Nuclear Regulatory Ccmission Washington, D. C. 20535 Chairman, Atemic Safety and Licensing Appeal Scarf U. S. Nuclear Regulatcry Ccmmission Washington, D. C. 20555 I

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S. Michael McGarry, III

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