|
---|
Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML19351E3971980-11-26026 November 1980 Motion in Opposition to Dakota Commission'S Petition for Reconsideration of 801103 Order Denying Dakota Request for Hearing & Refusing to Defer Revocation of CP ML19339C2711980-11-13013 November 1980 Petition for Reconsideration of Commission 801103 Order Denying Nd & SD Commissions' Request for Deferral of CP Revocation.Urges Intervention & Hearing Based on Restatement of Interest,Injury in Fact & Standing.W/Certificate of Svc ML19344A7621980-08-18018 August 1980 Response in Opposition to NRC Reply to Nd & SD Commissions' 800711 Petition to Intervene & Request for Hearing. Ascertains Interests & Standing as Matter of Right.Enormous Costs May Be Avoided If Action Delayed.W/Certificate of Svc ML19271A9991980-08-0303 August 1980 Preliminary Response to PSC of Nd & SD Public Utils Commission Motion to Defer NRC Action & Petition for Late Intervention.Counsel Will Ascertain Opposition After Returning from Vacation.W/Certificate of Svc ML19330A8901980-07-23023 July 1980 Comments in Opposition to Dakota Commissions' 800711 Untimely Motion to Intervene.Petitioners Failed to Assert Interest.Nrc Has No Jurisdiction.Cp Should Be Revoked.W/ Certification of Svc ML19321B0421980-07-22022 July 1980 Response in Opposition to Dakota Commissions' 800711 Motion to Defer Action on Petition to Intervene Re 800616 Order to Show Cause.Commissions Did Not Actually Request Hearing & Do Not Have Requisite Interest.Certificate of Svc Encl ML19320B8951980-07-11011 July 1980 Petition for Late Intervention & Motion to Defer Revocation of Cp.Cancellation of Unit Will Have Substantial & Negative Impact on Present & Future Electric Interstate Market Due to Being Integral Part of Development.Certificate of Svc Encl ML19318D0841980-07-0101 July 1980 Response Stating No Objection to 800616 to Order to Show Cause Why License CPPR-157 Should Not Be Revoked ML19249A8501979-08-15015 August 1979 Request by Badger Safe Energy Alliance for Revocation of CP Granted to Applicants on 771223.Alliance Will Be Adversely Affected by Const Since All Members Live within 50 Miles of Site ML19276G8061979-06-25025 June 1979 Response Submitted by Intervenor Northern Thunder,Inc to Licensees & NRC Joint Motion for Summary Disposition of Radon Issue.Adopts Filings Made in Response to Ecology Action of Oswego & Intervenors Opposition to TMI ML19282B5631979-02-19019 February 1979 Objection of Intervenors Ecology Action of Oswego & Northern Thunder to ALAB-509 Because De Minimus Theory Re Radon Emission Is Absurd.Requests Hearing to Consider Evidence of Other Approaches to Cost Benefit Analysis ML19263B5551978-12-19019 December 1978 Permittee'S Motion to Dismiss Petitioner to Intervene, Northern Thunder Contention on Technical Qualifications. Asserts Nothern Thunder'S Failure to Reply to ASLB 781117 Directive Is Cause for Dismissal.Certificate of Svc Encl ML19289A0521978-12-0707 December 1978 Motion by Intervenor Northern Thunder for Extension Until 790219 to Submit the 2 Filings Required by Aslab in ALAB-509 Re Radon Issue.Certificate of Svc Encl ML20062D7281978-11-20020 November 1978 Aslb'S Memorandum & Order Ruling on Motions to Compel Discovery of 781117 Shows Incorrect Docket & Svc Dates.The Memorandum & Order Should Have Shown Docket & Svc Dates of 781117 ML20062D8121978-11-17017 November 1978 Memorandum & Order by ASLB on Motions by Intervenor N Thunder Permittee NSP & NRC Staff Re Compelling of Discovery.Denies Motions of N Thunder to Compel Discovery; Directs N Thunder to Answer Permittee'S Interrogatories ML20148H4281978-10-24024 October 1978 NRC Staff'S Response to Motion to Consolidate Hearings on Radon. Ecology Action,Intervenor in One of the Proc & Representing Intervenors in 4 Other Proc Filed 781003 to Consolidate.Nrc Requests Expeditious Ruling by Appeals Bd ML20062B5321978-10-18018 October 1978 Response to Motion to Consolidate Hearings on Radon Issue, Submitted by Intervenor Ecology Action of Oswego.Util Asserts That Stds of 10CFR2.716 Re Consolidation Not Met by Motion.Certificate of Svc Encl ML20062B8091978-10-18018 October 1978 Response to Northern Thunder,Inc Motion to Compel Discovery. Interrogatories 2,3,4 & 5 Related to Contentions Explicitly Rejected as Issues in Controversy in Proceeding & Are Irrelevant.Denial Requested.Certificate of Svc Encl ML20062B7521978-10-13013 October 1978 Util Response to Intervenor,Northern Thunder,Inc,Motion to Compel Discovery.Opposes Motion.Certificate of Svc Encl ML20148A2451978-10-13013 October 1978 Motion for Aslab to Consolidate Cases Into Single Hearing in Answer to ALAB-480 Re Radon Issue.Evidence Is Generic & Will Apply to All Nuclear Reactors ML20062B0511978-10-10010 October 1978 Order Granting Motion to Postpone Date for Filing Written Direct Testimony ML20062B0011978-10-0606 October 1978 Motion to Postpone Filing of Direct Testimony Due to Extra Time Needed for Discovery Re Recent Motions & Ruling.Filing Should Be Delayed Until Facility in Operation & Decision for Hearing Prior to EIS Reached ML20197B2061978-10-0303 October 1978 Intervenor Motion to Consolidate Hearings on Radon Issue. Proposes Joint Representation of Intervenors,Applicants & Staff at Aslab Hearings & Compilation of Generic Proposed Findings ML20062A5741978-10-0303 October 1978 Motion for ASLB to Compel Intervenor,Northern Thunder,To Respond to Applicant 780825 Interrogatories.Responses Received Evasive & Incomplete & Amount to Failure to Respond ML20147F4371978-09-28028 September 1978 Motion by Northern Thunder,Inc to Comple Discovery.Motion Constitutes Request for ASLB to Issue Order Compelling Applicant & Staff to Respond to Interrogatories & Request for Production of Documents ML20062B2341978-09-22022 September 1978 Staff Status Rept & Motion for Further Expansion of Time to Present Stipulation Re Procedures & Schedules for Compilation of Record on Radon Issue.Motion for Further Time Granted 1980-08-03
[Table view] Category:PLEADINGS
MONTHYEARML19351E3971980-11-26026 November 1980 Motion in Opposition to Dakota Commission'S Petition for Reconsideration of 801103 Order Denying Dakota Request for Hearing & Refusing to Defer Revocation of CP ML19339C2711980-11-13013 November 1980 Petition for Reconsideration of Commission 801103 Order Denying Nd & SD Commissions' Request for Deferral of CP Revocation.Urges Intervention & Hearing Based on Restatement of Interest,Injury in Fact & Standing.W/Certificate of Svc ML19318D0841980-07-0101 July 1980 Response Stating No Objection to 800616 to Order to Show Cause Why License CPPR-157 Should Not Be Revoked ML19249A8501979-08-15015 August 1979 Request by Badger Safe Energy Alliance for Revocation of CP Granted to Applicants on 771223.Alliance Will Be Adversely Affected by Const Since All Members Live within 50 Miles of Site ML19276G8061979-06-25025 June 1979 Response Submitted by Intervenor Northern Thunder,Inc to Licensees & NRC Joint Motion for Summary Disposition of Radon Issue.Adopts Filings Made in Response to Ecology Action of Oswego & Intervenors Opposition to TMI ML19282B5631979-02-19019 February 1979 Objection of Intervenors Ecology Action of Oswego & Northern Thunder to ALAB-509 Because De Minimus Theory Re Radon Emission Is Absurd.Requests Hearing to Consider Evidence of Other Approaches to Cost Benefit Analysis ML19263B5551978-12-19019 December 1978 Permittee'S Motion to Dismiss Petitioner to Intervene, Northern Thunder Contention on Technical Qualifications. Asserts Nothern Thunder'S Failure to Reply to ASLB 781117 Directive Is Cause for Dismissal.Certificate of Svc Encl ML19289A0521978-12-0707 December 1978 Motion by Intervenor Northern Thunder for Extension Until 790219 to Submit the 2 Filings Required by Aslab in ALAB-509 Re Radon Issue.Certificate of Svc Encl ML20148H4281978-10-24024 October 1978 NRC Staff'S Response to Motion to Consolidate Hearings on Radon. Ecology Action,Intervenor in One of the Proc & Representing Intervenors in 4 Other Proc Filed 781003 to Consolidate.Nrc Requests Expeditious Ruling by Appeals Bd ML20062B5321978-10-18018 October 1978 Response to Motion to Consolidate Hearings on Radon Issue, Submitted by Intervenor Ecology Action of Oswego.Util Asserts That Stds of 10CFR2.716 Re Consolidation Not Met by Motion.Certificate of Svc Encl ML20062B8091978-10-18018 October 1978 Response to Northern Thunder,Inc Motion to Compel Discovery. Interrogatories 2,3,4 & 5 Related to Contentions Explicitly Rejected as Issues in Controversy in Proceeding & Are Irrelevant.Denial Requested.Certificate of Svc Encl ML20148A2451978-10-13013 October 1978 Motion for Aslab to Consolidate Cases Into Single Hearing in Answer to ALAB-480 Re Radon Issue.Evidence Is Generic & Will Apply to All Nuclear Reactors ML20062B7521978-10-13013 October 1978 Util Response to Intervenor,Northern Thunder,Inc,Motion to Compel Discovery.Opposes Motion.Certificate of Svc Encl ML20062B0011978-10-0606 October 1978 Motion to Postpone Filing of Direct Testimony Due to Extra Time Needed for Discovery Re Recent Motions & Ruling.Filing Should Be Delayed Until Facility in Operation & Decision for Hearing Prior to EIS Reached ML20062A5741978-10-0303 October 1978 Motion for ASLB to Compel Intervenor,Northern Thunder,To Respond to Applicant 780825 Interrogatories.Responses Received Evasive & Incomplete & Amount to Failure to Respond ML20197B2061978-10-0303 October 1978 Intervenor Motion to Consolidate Hearings on Radon Issue. Proposes Joint Representation of Intervenors,Applicants & Staff at Aslab Hearings & Compilation of Generic Proposed Findings ML20147F4371978-09-28028 September 1978 Motion by Northern Thunder,Inc to Comple Discovery.Motion Constitutes Request for ASLB to Issue Order Compelling Applicant & Staff to Respond to Interrogatories & Request for Production of Documents ML20062B2341978-09-22022 September 1978 Staff Status Rept & Motion for Further Expansion of Time to Present Stipulation Re Procedures & Schedules for Compilation of Record on Radon Issue.Motion for Further Time Granted 1980-07-01
[Table view] |
Text
.
O WD1 ;
T NRC PUBLTC DOCDENT ROOM w#71 -
ll -
-5, N
UNITED STATES OF AMERICA *j NUCLEAR REGULATORY COMMISSION 6 gy gj 6 l.
a/
l* t ' ~'
BEFORE THE ATCMIC SAFETY AND LICENSING APPEAL BOARD
)
/ i
/ /
-O In the Matter or ' -
s ) g' NORTHERN STATES POWER COMPANY, ET AL. ) Docket No. STN 50-484
) /
(Tyrone Energy Park, Unit 1) ) /
s PERMITTEES' ANSWER TO MOTION '
TO CONSOLIDATE HEARINGS ON RADON On October 3, 1978, Sue Reinert on behalf of Ecology Action of Oswego filed a motion to consolidate five licensing proceedings on the radon issue. Those proceedings are Tyrone, Wolf Creek (Docket No. STN 50-482), Marble Hill (Docket Nos. STN 50-546 and 547), Sterlinc (Docket No. STN 50-485) , and Seabrook (Docket Nos.30-443 and 444). The motion has apparently been filed in each of these cases and claims to be submitted en behalf of " inter-venors in the dockets listed above". While the motion neither identifies nor contains an authori::ation for any intervenor in the Tyrone proceeding, Northern Thunder's counsel by letter dated d October 10, 1978, stated that for the purposes of filing its motion, Ecology Action was acting with the permission of Northern Thunder.
The notien proposes that a record supplementing that estab-lished on the raden issue in Perkins be developed in a consoli-dated proceeding. Ecology Action proposes certain " ground rules" for such a proceed Q :
s N/05/C072 Gl
- 1. evidentiary hearings to ta.ke place before the Appeal Board;
- 2. applicants, intervenors and NRC Staff to be
" jointly represented";
- 3. witnesses presented and cross-examination con-ducted by a single representative for each side;
- 4. site specific information could be presented by ,
1 individual parties;
- 5. " generic proposed findings" on all co= mon matters;
- 6. opportunity for " specific findings" on site .
i specific matters;
- 7. scope of hearing to cover " issues raised by parties answering ALAB 480".
Pemmittees strongly oppose Ecology Action's motion. Its su= mary denial is warranted by any one of its many defects described below.
We would first point out come apparent inconsistencies in Northern Thunder's position. The Ecology Action motion urges con-solidation, a single hearing presumably at.one location, cross-examination and witness presentation by a single representative for all consolidated intervenors. Northern Thunder's position as previously expressed to the Appeal Board opposed consolidation unless certain conditions were meet. These conditions included Northern Thunder's right to cross examine and/or present witnesses, and the payment of expenses to Northern Thunder associated with ,
consolidation. See NT Reply to Staff Motion to Consolidate Raden t
Proceedings, dated May 19, 1978. Subsequently, Northern Thunder requested that any hearing on the raden issue be held in the vicinity of the Tyrone site. See Ncrthern Thunder's Requests Concerning Completing and Supplementing the Perkins Record, dated August 4, 1978, p. 3. Given the inconsistent positions in the Ecology Action motion and Northern Thunder's prior statements, it is hardly clear what Northern Thunder really wants. On this record, granting the motion would not be justified.
Apart from these problems with Ecology Action's motion, the substance of the proposal also warrants its denial. Consolidation of radon proceedings has already been rejected by ALAB-480. Con-solidation is now, as it was when the Staff first proposed it, inconsistent with the Ccemission's directive not to consider the radon issue generically. Northern Thunder opposed consolidation whe'n the Staff initially proposed it; it continued to oppose con-solidation in later pleadings.. Ecology Action's motion is little more than a very belated attempt to reconsider ALAB-480, and to rewrite the procedures established by the Appeal Board. Other
- than' alleging without support or explanation that there would be "an automatic-disadvantage to the parties first in line for a h6aring" (Motion, p.2), a disadvantage we fail to perceive, Ecology Action gives no justification for reconsidering ALAB-480.
A consolidated hearing along the lines proposed by Ecology
!- ' Action would be unmanageable. At least five Appeal Board members would be needed to encompass the Boards frem each cf the five L .<
e cases. The single record would incorporate site specific infor-
[
mation from five separate proceedings, as well as " generic" infor-1 A i' I
l
l
[ ...
mation. This would make the hearing both inefficient and cumber-some, and would further delay the resolution of Lhe radon issue in some or all of these cases. The parties opposed to consolida-tion would be compelled to choose a single witness panel, a single representative to present direct testimony, and a single cross-examiner. The scope of the hearing as framed by Ecology Action would combine in one hearing " issues raised by parties answering ALAB-480." What that is meant to encompass is unclear (i.e., does it include parties in all proceedings or only in the five iden-tified in the motion) . Ecology Action makes no attempt to show that the issues raised by various intervenors on the Perkins record are similar enough for consolidation to be meaningful.
Merely lumping together four or five separate groups of issues and convening a single proceeding to deal with all of them makes little sense, even in the abstract.
For consolidation to be appropriate, the Appeal Board must find that the action will be " conducive to the proper dispatch of its business and to tne ends of justice . . ." 10 CFR 52.716.
Permittees respectfully submit that the considerations discussed above show that Ecology Action's motion does not meet these tests and should therefore be denied.
Respectfully submitted, SHAW, PITTMAN, PCTTS & TROWBRIDGE
'N g By <_.4
'\- !. W Jay-E. Silberg Counsel: for Permittees Northern States Pcwer Ccmpany, et al.
1800 M Street, North West Washington, D. C. 20036 (202)331-4100 Dated: October 18, 1978
UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD, In the Matter of )
)
NORTHERN STATES POWER COMPANY, ET AL. ) Docket No. STN 50-484
)
(Tyrone Energy Park, Unit 1) )
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Permittees' Answer to Motion to Consolidate Hearings on Radon" were serve (. by deposit in the U. S. mail, first class, postage prepaid, this 18th day of October, 1978, to all those on the attached Service List.
\ L [f-i _ .
Jay'E. Silberg Dated: October 18, 1978 l
J UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i i
I In the Matter of )
)
NORTHERN STATES POWER COMPANY, )
ET AL. ) Docket No. STN 50-484
)
~
(Tyrone Energy Park, Unit 1) )
SERVICE LIST Richard S. Sa1==3, Esqua.re, Chaiman James P. Altman, Esquire Atmic Safety and Licensing Appeal Board Assistant Attorney General U.S. Nuclear Regulatory Com.ission Department of Justice Washington, D.C. 20555 State Capitol
- ~ 53702 Madien, Wismnsin Michael C. Farrar, Esquire Atmic Safety and Licensing Appeal Board Mr. T!nnas Galazen U.S. Nuclear Regulatory O = i aicn Route 2, Box 64 Washington, D.C. 20555 Turtle Lake, Wisconsin 54889
! Dr. W. Reed Jconsm Jomlyn Furtwangler Olson, Es@
Atmic Safety and Licensing Agaal Board Spar-4 al Assistant Ai.L.u.Tsy General
! U.S. Nuclear Regulatcry Ca mission Minnesota Pollution Control Agerrf I Washington, D.C. 20555 1935 W. Country Road B2 Roseville, Minnescta 55113-Ivan W. Smith, Esquim , Chair. nan Atmic Safety and Licensing Board Richard Ihrig, Esquire 400 Exchange B'fiding U.S. Nur-laar Pagulatcry Ca mission Washington, D.C. 20555 4th and Center i
Winona, Minnesota 55987 j Dr. George C. Anderscn Ocean Vraphy Department, KB-10 Michael J. Cain, Esquire
! University of Washingten Bureau of Legal Services Seattle, Washingt::n 98195 Department of Natural Rescurces Box 7921 Mr. 'Iaster Kornblith, Jr. Mad.isen, Wisconsin 53707
' Atmic Safety. and Licensing Board U.S. Nuclear Regulat=ry Ccmnission Steven M. Schur, Es @
i Washington, D.C. 20555 Chief Counsel
~
Public Service Camission of Wisconsin Stephen H. Iawls, Esquire 9411 Farms State Office milding Office of the Executive Iagal Director 4802 She% san Avt.:nue U.S. Nuclear Regulatcry Ca missicn Madiscn, Wiscensin 53702 i Washi. W , D.C. 20555 i
Mr. Stanley Cider Dccheting and Service Secticn c/o Durand Pcstmaster
-Office of the Secretary Tyrene, Wiscensin 54736 U.S. Nuclear regulatcry Ccmnissicn Washingcen, D.C. 20555 Ecolccy Acti.cn cf Cswego l c/o Ms. Sharen Merey P. O. Ecx 94 Cswego, New Ycrk 13126
, , - - - ,,- m,-
w w . , - , - - - - ye---