ML20070H412

Motion for Reconsideration of ASLB 821213 Memorandum & Order.Due to Ill Health of E Duncan,30-day Extension Requested in Which to File Direct Testimony & Commence Hearings

ML20070H412
Person / Time
Site:	Waterford
Issue date:	12/17/1982
From:	Groesch G JOINT INTERVENORS - WATERFORD
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8212230361
Download: ML20070H412 (4)

Text

i p .

q;

?. i. '. ,

December 17, 1982 00t[t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION *82 03 BeforetheAtomicSafetyandLicensingBoardggghg , ,

DCCA!j$kCS 3

In the Matter of ) ,

LOUISIANA POWER AND LIGHT ) Docket No. 50-382 ,

e -

(Waterford Steam Electric Station, )

J Unit 3) )

i MOTION OF PARTIAL RECONSIDERATTON OF BOARD ORDER OF DECEMBER 13.

1982 BASED ON PREVIOUSLY UNAVAILABLE INFORMATION s

Joint Intervenors request a reconsideration of the Board Order and Memorandum,of December 13, 1982 based on information unavailable at the time the Joint Intervenors filed a. motion I for an indefinite extension of the time to file direct testimony and to hold hearings. Joint Intervenors are calling this a I

' partial' reconsideration because it deals only with one of the reasons for indefinite extension i.e. the health of Mr.

Earl Duncan.

l

• The previously unavailable information is that Mr. Duncan will undergo a surgical procedure on January 4 and be unavailable

~

for travel until (at least) January 17. The exact nature of this procedure and prognosis for work and travel will arrive to the Board under separate cover. This will include (1) a doctor's report and (2) an affidavit from Mr. Duncan. Joint Intervenors were told of this new development on the evening of December 12, 1982 - one day before the conference call of December 13, 1982. ,

The deteriorating health of Mr. Duncan would make resched-uling and travel a risky business.

In the conference call of December 13, Staff counsel questioned the need for Mr. Duncan to appear. On the contrary, Joint Intervenors feel that if Mr. Duncan were not to appear, i

the Joint Intervenors would be severely prejudiced. Mr. Duncan "I

j is the only evacuation expert that Joint Intervenors have 8212230361 B21217 PDR ADOCK 05000382 i

a_______-__

G PDR 3 "-l

.o . - ,.

available. He also has enormous experience at drafting and reviewing documents for the military. Finally, he has helped design evacuation plans in the military that include the possibility of nuclear attack.

4 The Joint Intervenors' other experts have little experience in evacuation. Therefore, Mr. Duncan is necessary to make the critique of others (along with'his own critiques) into a unified whole document capable of being distributed into the real world environment of St. John the Baptist parish f

and St. Charles parish.

Joint Intervenors could'possibly lose one of their other ,

experts without being severely prejudiced - but not Earl Duncan. Unfortunately, enormous experience [see his curriculum vitae] denotes the passage of time which has its own well-known problems.

In retrospect, it may have been a mistake for the Joint Intervenors to make an open-ended request for an indefinite extension. However, his pain and discomfort were of an unknown origin on November 30 and it did not seem possible to predict at that point when his condition would alleviate.

Joint Intervenors are now confident enough to feel a 30 day extension on the date of filing direct testimony and for the commencement of,the re-opened hearings would be sufficient.

1, ,

&/

Join [Intervenors Gary L. Groesch s

0 6

a i , ,' {?

y:

e

1

.,  ; L:s,.. .

\

W' ? * ., . '

.. .; ,, .' .,..,._.& ~ , c J:r + .?M. . ' . . r , , p.

,; &.;;ag. ~. p

~'~~w_ -

j

,' t '*

- - ' ~3* , e. . _ . ~ - . v .~ n . -

q m urrwUu m go.,3 Q L PA00.& UflL.FAC ..,

• n.

. lI

fi " * " OMIM )

)

2 arrzmvzrW.tn i.. .

( cacterr w

(': Azza, )

i 2.' '82 EC 21 40.'27 .

,' .f . IEE: D00ET: 50-382, IsmR T IA. PCIER & I.IGEr CD. m j e '.

RIEM & EIET5 TIC tMIT SDErmi 3).

[CC2bist;hs'$vN SRANCit . %f:i ,

..,,~

$ PmmmII.Y anmazed before as Earl I., naican, tson taisag caly ,Y i

suarn, d=r=== and asys:

.g

,.,,s.

,.

f. q, .

J ',3,' .

' mist m

• 10,1982, his physkian, Dr. IAke 24. Stapaltm, r

k,f('

t

C'Ptain "=di=1 omrp U.s. Army, :=m -nded that he trxhep hospitanzation g .

i

, g, : to im'1uda a surgical proemdure to remove a polyp tmn his colcn. It +

u L.

. lI . was agreed by k. nn a t and his physician that he sculd be admittat to 1 *' ~ k'n w ., ..

. di. ,

the Eisenhower Medical canter on Jarnary 4,1933. .Y.

m ~ 5.

" lj h ;- Dr. Stapelton ip* mand Mr. Dmcast that he would not be able in c .

'f ,fp , ,,... ., , t w el kaflore % 17, 1983. Dr. Stapitan WM W. Dmcan would 7,,.m y 7!-:h i u.  ;

.a he able to travel after Janurity 17, 1983, if there wre no e=;14 =H >w f" (

. from the W - 1 W ,m , Yl b[,

. ca - u,19s2, he was ina,,, d of the hoe.,d., , ce m

• J[f,,M,!,h Pr.w

-y.

y  : .G.f a-o -N his past, presest, and %T.1ve medical ccmdition including . Y' date hospital * ==4r= roccamanded to him rn==*=r 10, 1982). '

.~

l'

(*: December 14, 1982, Mr. Dmcan requested he be furnished by Dr.

Stapelten an aMfdavit rmaming his :rr41cn1 ccmdition per the board's

! request.

I On na= *=r 16, 1982, Dr. Stapelten zeturned to him the attached I i

"t

==dir =1 zepcet instead of an aM4 A=vit as per the bcard's request.

+'

': bat he has mada, a gcod faith effort to cxzrply with the board's i

request, bLit he has rn authority to order a U.S. Army ptr.rsician to l furnish m affidavit as per the baard's request.

'Ihat he has been in substantial gain the past several :cnths and h3s sevezu of Mtrnit'/ r L Je werk requiring cental crncentraticn.

swacn to before me this the / 7 '

I day of . , 1982.

)

) [ 'k l ) j',

8 l

)  %  % A.A.Wr

) Earl L. Duncan

)

, MAW' m #14 4 / (L.S.)

Natary Pub 12c for south .a

.e My N4== fen Expires: f / g

._ . - Earl I Durcan

106 Glar:n Place

, Aiken, S.C. 29801 1 ,

t -

l  :

1 ~

, DEPARTMENT OF THE ARMY l

• ME AceU Anf tm5 Owecnf DaylO CISENuowtm Amat? AREDIC AL CEnf tm '

I romy common, otono:A sesos DOLKETED U1N90 HSHF-PAD 82 DEC 21 A10:2715 Dec E2

SUBJECT:

Medical Statement

. CFH;E OF SEtJ.tiAh -

00CKETINLi & SERVICE BRANCH TO WHOM IT MAY CONCERN:

Mr. Duncan is a patient I have followed in my Internal Medicine clinic for ever a year with several medical problems to include: hypertension, diabetes, and cirrhosis of the liver. For the past two to three months, this patient has developed symptoms of abdominal cramping and severe diarrhea with stools ing of up to ten to twelve episodes per day and very little, warntng. He has undergone several tests to determine the cause of this problen from November 1982 until the present time. The pattent continues to have styntf tcant symp, toms and is planned for admission to the hospital in early January 1983 for definitive studies. Because of his present condttien and symotoms, travel or extended trips minht prove hamfe' , his health and have been discouraged until full evaluation has bear o.r ~ lished or his condition resolves.

. T LUKE ft. STAPL ON. "D CPT, "C Internal Medicine Service

. . . . - -. . . . ..s .---.-en.-...% - -