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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20056E5101993-08-11011 August 1993 Comment Opposing Proposed Rule 10CFR20 Re Radiological Criteria for Decommissioning ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal IR 05000358/19820101986-06-24024 June 1986 Applicant Exhibit A-49,consisting of Forwarding Partially Withheld Safety Insp Rept 50-358/82-10 on 820607- 0818 (Ref 10CFR2.790) & Notice of Violation ML20129A3751985-05-16016 May 1985 Order Revoking CPPR-88,based on Util 840127 Plan to Convert Facility to Coal Fuel ML20133N3621985-03-14014 March 1985 Unexecuted Amend 3 Terminating Indemnity Agreement B-85 ML20094C3571984-08-0202 August 1984 Transmittal of Info Re Util 840320 Motion for Withdrawal of OL Application.Fuel Removed from Site,Steam Supply Sys Modified & CRD Mechanisms Removed.Certificate of Svc Encl ML20087H7881984-03-20020 March 1984 Motion Requesting Issuance of Order Authorizing Withdrawal of Application.Plant Will Be Used as Part of New Fossil fuel-fired Electric Generating Plant.Certificate of Svc Encl ML20087N2281984-03-0101 March 1984 Endorsement 25 to Nelia Policy NF-249 ML20079F8181984-01-16016 January 1984 Response Opposing Miami Valley Power Project 831231 Proposed Issues & Support for Contentions Re Qa.Issues Not Specific or Litigable.Certificate of Svc Encl ML20083J5321983-12-31031 December 1983 Proposed Issues & Prospective Witnesses Supporting Miami Valley Power Project Proposed Contentions Re Qa,Character & Competence.Certificate of Svc Encl ML20079H6901983-12-14014 December 1983 Petition Per 10CFR2.206 to Defer Judgment or Decision on Proposed Course of Action for Completion of Facility Until Suppl Created for Record of J Keppler 831215 Briefing.W/O Encls ML20082P8501983-12-0606 December 1983 Response Opposing City of Mentor 831115 Memorandum in Support of NRC 831031 Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen Record.Motion W/O Merit.Certificate of Svc Encl.Related Correspondence ML20082M5791983-12-0202 December 1983 Response Opposing Applicant 831115 Answer to NRC 831031 Motion to Defer Ruling on Petition for Reconsideration & Motion for Leave to File Addl Evidence Prior to 831215 Conference of Counsel.Certificate of Svc Encl ML20082L0991983-11-30030 November 1983 Memorandum in Support of City of Mentor Motion to Further Defer Rulings Until Completion of Investigation Into Matl False Statements by NRC & Applicants.Certificate of Svc Encl ML20082D6991983-11-15015 November 1983 Memorandum in Support of NRC Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen & City of Mentor Motion to Further Defer Rulings Until Completion of Investigation.Certificate of Svc Encl ML20081M7951983-11-15015 November 1983 Answer Opposing NRC Motion to Defer Rulings on Miami Valley Power Project (MVPP) 831003 Motion to Reopen Record.Decision Should Not Be Deferred to Await Completion of Investigation. Certificate of Svc Encl ML20085K7841983-10-18018 October 1983 Answer Opposing Miami Valley Power Project 831003 Petition for Reconsideration of ASLB 830915 Memorandum & Order Denying Project Motion to Reopen Record to Admit Eight Late Filed Contentions on Qa.Certificate of Svc Encl ML20078K5621983-10-13013 October 1983 Memorandum in Support of Miami Valley Power Project (MVPP) Petition for Reconsideration of ASLB 830915 Order.Mvpp Urges ASLB to Address Stds for Reopening Record.Issues Should Be Included to Ensure Complete Record.Certificate of Svc Encl ML20078F9641983-10-0606 October 1983 Notification to Commission of Miami Valley Power Project Misrepresentation in 831003 Motion for Reconsideration of ASLB 830915 Order.No Util Counsel Communicated W/Govt Accountability Project.Certificate of Svc Encl ML20078F8891983-10-0606 October 1983 Notice of Jh Laverty Employment W/Conner & Wetterhahn,Pc. Laverty Will Not Participate in Matters Leading to OL Issuance Due to Previous Employment W/Commissioner Roberts. Certificate of Svc Encl ML20078F8751983-10-0606 October 1983 Notice of Jh Laverty Employment W/Conner & Wetterhahn,Pc. Previous Employment W/Commissioner Roberts Eliminates Any Contribution to Zimmer Case ML20080P0771983-10-0303 October 1983 Motion for Extension to File Appeal Until 10 Days After Svc of ASLB Decision on Miami Valley Power Project Petition for Reconsideration.Certificate of Svc Encl ML20080P0141983-10-0303 October 1983 Petition for Reconsideration of ASLB 830915 Order Denying Miami Valley Power Project Motion to Reopen Record for Admission of Eight Proposed Contentions.Addl Info Provided Since Original Decision.Certificate of Svc Encl ML20080P0481983-09-26026 September 1983 Affidavit of T Devine Summarizing 830919 Discussion W/ C Weaver Re Summary of Interview in Torrey Pines Rept. Weaver Seriously Challenges Completeness of Interview Summary ML20080P0291983-09-26026 September 1983 Affidavit of D Jones for Govt Accountability Project Protesting Torrey Pines Rept Chapter on Cases Studies.Ref to Author Interviews Incomplete & Thus Inaccurate.Analysis of Whistleblower Missed Real Problem of Lack of Freedom ML20080P0671983-09-24024 September 1983 Affidavit of R Reiter for Govt Accountability Project Expressing Dissatisfaction of W/Summarized Interview in Torrey Pines Rept ML20080F2451983-09-13013 September 1983 Memorandum Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions. Torrey Pines Mgt Review & NRC Repts Confirm Project Substantially Correct on Qa.Certificate of Svc Encl ML20080E6921983-09-12012 September 1983 Answer Opposing Miami Valley Power Project 830826 Motion for Leave to Submit New Documents & for ASLB Review of Pending Investigations.Motion Unjustified Attempt to Bend Rules on Late Contentions.W/Certificate of Svc ML20080D2791983-08-26026 August 1983 Motion for Leave to Submit New Evidence in Support of 830603 Proposed Contentions & for ASLB Review of Significant Pending Investigations.Certificate of Svc Encl ML20080C7171983-08-25025 August 1983 Answer Opposing Miami Valley Power Project 830811 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830712 Motion to Compel Discovery.Project Had Opportunity to Brief Issue in Original Motion.Certificate of Svc Encl ML20076A6451983-08-15015 August 1983 Notice of Substitution of Counsel for Amicus Curiae Brief & Appearance Before Aslb.Certificate of Svc Encl ML20024E5591983-08-11011 August 1983 Motion for Leave to File Reply Brief to Applicant & NRC 830803 & 01,respectively,answers Opposing Miami Valley Power Project Motion to Compel Discovery.Assertion of Boundary on Discovery Should Be Briefed.Certificate of Svc Encl ML20024E3941983-08-0505 August 1983 Motion for Leave to File Reply Brief & for Clarification of Responsibility to Duplicate Previous Analysis & Evidentiary Submissions.Util Challenge Frivolous,Heavy on Chutzpah & Deficient on Common Sense.Certificate of Svc Encl ML20077L5161983-08-0303 August 1983 Response Opposing Miami Valley Power Project 830707 Reply Brief Supporting Project 830603 Motion to Reopen Record.Aslb Lacks Jurisdiction to Hear Motion to Reopen to Admit Eight late-filed Contentions.Certificate of Svc Encl ML20024D1381983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion for Protective Order to Withhold Identity of Persons Upon Whose Allegations Project Relied in Seeking to Reopen Record.Motion W/O Merit.Certificate of Svc Encl ML20024D1171983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Defer Ruling on Review of ALAB-727 Pending Ruling on Motions to Reopen.No Justification Given to Delay Review for Unrelated Matters ML20024D1261983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Actually Is Untimely Appeal from Earlier ASLB Rulings.Relief Sought Contrary to Commission Orders ML20080A2721983-07-21021 July 1983 Response to Applicant Motion for Leave to Respond to Miami Valley Power Project Reply Brief.Applicant Should Respond Only to Substance of Proposed Contentions Re QA Program Inadequacy.Certificate of Svc Encl ML20076L4691983-07-15015 July 1983 Motion for Leave to Respond by 830729 to Miami Valley Power Project (MVPP) Reply Brief Re Applicant Opposition to Eight QA Contentions.Mvpp Reply Distorts Record & Applicant Position.Certificate of Svc Encl ML20072N4901983-07-12012 July 1983 Motion for Protective Order to Shield Identity of Affiants Providing Portion of Basis for Miami Valley Power Project Eight Proposed Contentions.Certificate of Svc Encl ML20072N4741983-07-12012 July 1983 Motion to Defer Ruling on Whether to Review ALAB-727 Until ASLB & Aslab Rule on Miami Valley Power Project 830603 & 0712 Motions to Reopen Record to Admit Contentions on QA & Character & Competence,Or Alternatively,To Reopen Record ML20072N4631983-07-12012 July 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence.Aslab Has Jurisdiction Even If ASLB Lacks Jurisdiction to Reopen Record ML20072N4501983-07-12012 July 1983 Reply Brief Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence & Motion to Compel Discovery on Contentions ML20072K7331983-07-0101 July 1983 Answer Opposing Miami Valley Power Project 830629 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830603 Motion to Reopen Record.No Purpose Would Be Served by Permitting Redundant Discussion.Certificate of Svc Encl ML20024B0591983-06-29029 June 1983 Motion for Leave to File Reply Brief,By 830706,to NRC & Util 830630 Answers to Miami Valley Power Project 830603 Motion to Reopen Record to Admit Eight Contentions on QA & Util Character & Competence.Certificate of Svc Encl ML20072F4481983-06-22022 June 1983 Memorandum Supporting Miami Valley Power Project 830602 Motion to Reopen Record to Admit Eight Contentions on QA & Lack of Corporate Character & Competence.Reopening Necessary to Foster Public Confidence in Nrc.W/Certificate of Svc ML20024A6621983-06-20020 June 1983 Response Opposing Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Untimely ML20024A6661983-06-20020 June 1983 Response Opposing Motions to File Amicus Curiae Brief in Support of Miami Valley Power Project Motion to Reopen Record for Admission of Eight QA Contentions.Certificate of Svc Encl ML20076J1361983-06-16016 June 1983 Ohio Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions.Contentions Provide Evidence That QA Problems Exist.Certificate of Svc Encl ML20076J1201983-06-16016 June 1983 Petition for Leave to File Amicus Curiae Brief Re Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions on QA & Character & Competence.Requests Extension of Time.Certificate of Svc Encl 1993-08-11
[Table view] Category:PLEADINGS
MONTHYEARML20087H7881984-03-20020 March 1984 Motion Requesting Issuance of Order Authorizing Withdrawal of Application.Plant Will Be Used as Part of New Fossil fuel-fired Electric Generating Plant.Certificate of Svc Encl ML20079F8181984-01-16016 January 1984 Response Opposing Miami Valley Power Project 831231 Proposed Issues & Support for Contentions Re Qa.Issues Not Specific or Litigable.Certificate of Svc Encl ML20079H6901983-12-14014 December 1983 Petition Per 10CFR2.206 to Defer Judgment or Decision on Proposed Course of Action for Completion of Facility Until Suppl Created for Record of J Keppler 831215 Briefing.W/O Encls ML20082P8501983-12-0606 December 1983 Response Opposing City of Mentor 831115 Memorandum in Support of NRC 831031 Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen Record.Motion W/O Merit.Certificate of Svc Encl.Related Correspondence ML20082M5791983-12-0202 December 1983 Response Opposing Applicant 831115 Answer to NRC 831031 Motion to Defer Ruling on Petition for Reconsideration & Motion for Leave to File Addl Evidence Prior to 831215 Conference of Counsel.Certificate of Svc Encl ML20082L0991983-11-30030 November 1983 Memorandum in Support of City of Mentor Motion to Further Defer Rulings Until Completion of Investigation Into Matl False Statements by NRC & Applicants.Certificate of Svc Encl ML20081M7951983-11-15015 November 1983 Answer Opposing NRC Motion to Defer Rulings on Miami Valley Power Project (MVPP) 831003 Motion to Reopen Record.Decision Should Not Be Deferred to Await Completion of Investigation. Certificate of Svc Encl ML20085K7841983-10-18018 October 1983 Answer Opposing Miami Valley Power Project 831003 Petition for Reconsideration of ASLB 830915 Memorandum & Order Denying Project Motion to Reopen Record to Admit Eight Late Filed Contentions on Qa.Certificate of Svc Encl ML20078K5621983-10-13013 October 1983 Memorandum in Support of Miami Valley Power Project (MVPP) Petition for Reconsideration of ASLB 830915 Order.Mvpp Urges ASLB to Address Stds for Reopening Record.Issues Should Be Included to Ensure Complete Record.Certificate of Svc Encl ML20080P0771983-10-0303 October 1983 Motion for Extension to File Appeal Until 10 Days After Svc of ASLB Decision on Miami Valley Power Project Petition for Reconsideration.Certificate of Svc Encl ML20080P0141983-10-0303 October 1983 Petition for Reconsideration of ASLB 830915 Order Denying Miami Valley Power Project Motion to Reopen Record for Admission of Eight Proposed Contentions.Addl Info Provided Since Original Decision.Certificate of Svc Encl ML20080F2451983-09-13013 September 1983 Memorandum Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions. Torrey Pines Mgt Review & NRC Repts Confirm Project Substantially Correct on Qa.Certificate of Svc Encl ML20080E6921983-09-12012 September 1983 Answer Opposing Miami Valley Power Project 830826 Motion for Leave to Submit New Documents & for ASLB Review of Pending Investigations.Motion Unjustified Attempt to Bend Rules on Late Contentions.W/Certificate of Svc ML20080D2791983-08-26026 August 1983 Motion for Leave to Submit New Evidence in Support of 830603 Proposed Contentions & for ASLB Review of Significant Pending Investigations.Certificate of Svc Encl ML20080C7171983-08-25025 August 1983 Answer Opposing Miami Valley Power Project 830811 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830712 Motion to Compel Discovery.Project Had Opportunity to Brief Issue in Original Motion.Certificate of Svc Encl ML20024E5591983-08-11011 August 1983 Motion for Leave to File Reply Brief to Applicant & NRC 830803 & 01,respectively,answers Opposing Miami Valley Power Project Motion to Compel Discovery.Assertion of Boundary on Discovery Should Be Briefed.Certificate of Svc Encl ML20024E3941983-08-0505 August 1983 Motion for Leave to File Reply Brief & for Clarification of Responsibility to Duplicate Previous Analysis & Evidentiary Submissions.Util Challenge Frivolous,Heavy on Chutzpah & Deficient on Common Sense.Certificate of Svc Encl ML20077L5161983-08-0303 August 1983 Response Opposing Miami Valley Power Project 830707 Reply Brief Supporting Project 830603 Motion to Reopen Record.Aslb Lacks Jurisdiction to Hear Motion to Reopen to Admit Eight late-filed Contentions.Certificate of Svc Encl ML20024D1381983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion for Protective Order to Withhold Identity of Persons Upon Whose Allegations Project Relied in Seeking to Reopen Record.Motion W/O Merit.Certificate of Svc Encl ML20024D1261983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Actually Is Untimely Appeal from Earlier ASLB Rulings.Relief Sought Contrary to Commission Orders ML20024D1171983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Defer Ruling on Review of ALAB-727 Pending Ruling on Motions to Reopen.No Justification Given to Delay Review for Unrelated Matters ML20080A2721983-07-21021 July 1983 Response to Applicant Motion for Leave to Respond to Miami Valley Power Project Reply Brief.Applicant Should Respond Only to Substance of Proposed Contentions Re QA Program Inadequacy.Certificate of Svc Encl ML20076L4691983-07-15015 July 1983 Motion for Leave to Respond by 830729 to Miami Valley Power Project (MVPP) Reply Brief Re Applicant Opposition to Eight QA Contentions.Mvpp Reply Distorts Record & Applicant Position.Certificate of Svc Encl ML20072N4501983-07-12012 July 1983 Reply Brief Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence & Motion to Compel Discovery on Contentions ML20072N4631983-07-12012 July 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence.Aslab Has Jurisdiction Even If ASLB Lacks Jurisdiction to Reopen Record ML20072N4741983-07-12012 July 1983 Motion to Defer Ruling on Whether to Review ALAB-727 Until ASLB & Aslab Rule on Miami Valley Power Project 830603 & 0712 Motions to Reopen Record to Admit Contentions on QA & Character & Competence,Or Alternatively,To Reopen Record ML20072N4901983-07-12012 July 1983 Motion for Protective Order to Shield Identity of Affiants Providing Portion of Basis for Miami Valley Power Project Eight Proposed Contentions.Certificate of Svc Encl ML20072K7331983-07-0101 July 1983 Answer Opposing Miami Valley Power Project 830629 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830603 Motion to Reopen Record.No Purpose Would Be Served by Permitting Redundant Discussion.Certificate of Svc Encl ML20024B0591983-06-29029 June 1983 Motion for Leave to File Reply Brief,By 830706,to NRC & Util 830630 Answers to Miami Valley Power Project 830603 Motion to Reopen Record to Admit Eight Contentions on QA & Util Character & Competence.Certificate of Svc Encl ML20072F4481983-06-22022 June 1983 Memorandum Supporting Miami Valley Power Project 830602 Motion to Reopen Record to Admit Eight Contentions on QA & Lack of Corporate Character & Competence.Reopening Necessary to Foster Public Confidence in Nrc.W/Certificate of Svc ML20024A6661983-06-20020 June 1983 Response Opposing Motions to File Amicus Curiae Brief in Support of Miami Valley Power Project Motion to Reopen Record for Admission of Eight QA Contentions.Certificate of Svc Encl ML20024A6621983-06-20020 June 1983 Response Opposing Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Untimely ML20076J1201983-06-16016 June 1983 Petition for Leave to File Amicus Curiae Brief Re Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions on QA & Character & Competence.Requests Extension of Time.Certificate of Svc Encl ML20076J1361983-06-16016 June 1983 Ohio Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions.Contentions Provide Evidence That QA Problems Exist.Certificate of Svc Encl ML20024A0801983-06-10010 June 1983 Motion of Appalachia-Science for Extension to File Previously Submitted Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearing on Eight QA Contentions.Certificate of Svc Encl ML20024A0771983-06-10010 June 1983 Motion of Cumberland Chapter of Sierra Club for Extension to File Previously Submitted Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearings on Eight QA Contentions ML20071P8901983-06-0606 June 1983 Brief Supporting Miami Valley Power Project Request to Reopen Licensing Hearing Re Plant Operation.Certificate of Svc Encl ML20071P9121983-06-0606 June 1983 Motion for Leave to File Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions on QA & Character & Competence ML20071P8851983-06-0606 June 1983 Request to File Amicus Curiae Brief Supporting Miami Valley Power Project Efforts to Obtain Further Public Hearing ML20071Q0241983-06-0303 June 1983 Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record for Admission of Eight Contentions on QA & Util Character & Competence.Hearings Only Comprehensive Way to Address Problems.W/Certificate of Svc ML20023D8641983-06-0303 June 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Character & Competence Or,Alternatively,For ASLB to Exercise Discretion to Consider Whether Stds for 830715 Demonstration of Sua Sponte Authority Met ML20072N4281983-06-0202 June 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence,Or Alternatively, for ASLB to Consider Whether Stds for 820715 Exercise of Sua Sponte Authority Exists ML20076J2001983-05-31031 May 1983 Cumberland Chapter of Sierra Club Request to File Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearing on Eight QA Contentions ML20076J1641983-05-20020 May 1983 Appalachia-Science in the Public Interest Request to File Amicus Curiae Brief Supporting Miami Valley Power Project Attempt to Obtain Hearing on Eight QA Contentions ML20076J2091983-05-20020 May 1983 Cumberland Chapter of Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearing on Eight QA Contentions.Util Cannot Be Trusted to Correct Deficiencies.Certificate of Svc Encl ML20076J1691983-05-17017 May 1983 Appalachia-Science in the Public Interest Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearings on Eight QA Contentions.Certificate of Svc Encl ML20070M1601983-01-0707 January 1983 Answer in Opposition to Miami Valley Power Project 821223 Memorandum & Motion for Notification of Future Communications & Prohibition of Further Improper Ex Parte Contacts.Nrc Correspondence & Certificate of Svc Encl ML20079J1781982-12-23023 December 1982 Supplemental Memorandum in Support of Miami Valley Power Project 820820 Petition for Reconsideration of Commission 820730 Order & Motion for Notification of All Future third- Party Communications.Certificate of Svc Encl ML20070F1091982-12-16016 December 1982 Answer Opposing Miami Valley Power Project 821130 Petition to Establish Detailed Structure for Public Participation Through Audit.Intervenor Fails to Demonstrate Process Necessary to Carry Out NRC Goals.Certificate of Svc Encl ML20070C5211982-12-10010 December 1982 Memorandum Supporting Zimmer Area Citizens-Zimmer Area Citizens of Ky & City of Mentor,Ky 821119 Petition for Appointment of Consulting Firm to Review & Monitor third- Party Audit.Certificate of Svc Encl 1984-03-20
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DOCKETED USN3C UNITED' STATES OF. AMERICA 3 SEP 13 Ali:31
' NUCLEAR PEGULATORY COMMISSION
- - . OFFICE OF SECRETAP' Before the - Atomic' Safety and- Licensi1@'B'6(rE SEPViU.
. u m.st
-In the Matter of -)
)
The' Cincinnati. Gas &_ Electric-)- Docket No. 50-358 Company,'et al. )
-- )
- =(Wm. H. - Zimmer Nuclear Power _)
Station) -) [
k-APPLICANTS *. ANSWER TO " MIAMI VALLEY POWER PROJECT'S MOTION FOR LEAVE TO SUBMIT NEW e cEVIDENCE AND~FOR LICENSING ~ BOARD REVIEW OF SIGNIFICANT PENDING INVESTIGATIONS" Preliminary Statement On August 2 6 ,: 1983,- intervenor Miami Valley Power Project ("MVPP") submitted a' motion ~ to the presiding Atomic Safety ~ and . Licensing Board . (" Licensing Board" or " Board"),
- seeking permission to file' additional-documents and a brief
-in support of the eight renewed contentions filed on June 3,
.1983:by:MVPP'after its original submission on May 18, 1982.
.MVPP'sEinstant motion represents the most recent in a series L-of attempts to bolster -its initi'al filing. with material it subsequently _obtained in trying to overcome lateness without
" good cause."
~The- ' Cincinnati Gas -& Electric Company, et al.
(" Applicants") oppose this motion. With regard to information compiled by MVPP itself, the motion' constitutes another:-unjustified attempt by MVPP_to circumvent the rules for accepting ~ -late' contentions. As in its previous
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^ -isubmissions along .. these line s ,- - MVPP conveniently ' omits any
. discussion of wheth'er it made any previous effort to obtain i the 1information .~it Lwould now: proffer, nor does.it explain why'such.information'could not have been obtained earlier.
4 MVPP's fcryptic' l reference ' to . its " investigative trip"1/
~
is clearly :an insufficient basis; upon which the Licensing Board
?couldLdetermine that such information has been submitted in
- a. timely. manner. [
The other requests by MVPP'also lack merit. The Final
! Report- prepared by. Torrey Pines Technology, entitled Ac t u "Iridep'endent -Review of Zimmer Project Management" (August
.1983),Was ;. prepared ' and submitted to NRC Region III in -
compliance ~w'ith the Order to Show Cause issued by - the
- : Commission on November 12, 1982.'2/ The ~ issuance of this
- -report has long been anticipated,- and publication of this document does not demonstrate " good - cause" on the part of s
. .MVPP in -- failing- to . submit timely. contentions over a year
- ago; The:Torrey Pines report resulted from the Commission's I Order to.- Show cause- and is a .part of that - procedural 1
framework. The Commission and its Staff .will review the l-
.~ report and utilize it appropriately within that context. As t
~
V lj MVPP's Motion;at 1.
-2/ i The J Cincinnati Gas & Electric Company (Wm. H. Zimmer
~
Nuclear Power Station), CLI-82-33, 16-NRC 1489 (1982).
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~
.such, the report should not be injected as an issue into the
.procee' dings'before the Licensing Board.
' Finally,'the internal NRC investigations to which MVPP
~has referred will'be'made known to the-. Licensing Board,
~
as appropriate,- by either the Commission or the Office of
-Investigations under-the Commission's " Statement of Policy -
Investigations and Adjudicatory Proceedings." - Under this policy, it is for the Office of' Investigations to[ determine
{
when - a duty . arises to. inform an adjudicatory board of matters under investigation. '
X.3.. .,
Argument I. No Good-Cause Has Been Demonstrated for
.the Untimely Submission of-Information or Documents Proffered by MVPP This is:the latest-in a series'of requests by MVPP to submit "new evidence" in- support of its eight late contentions on quality assurance ' practices at the Zimmer
, : Station. Although MVPP has provided a summary description of. the-information.and/or documents it intends to file, it
! has studiously avoided, as it has in the past, any mention of the precise . circumstances under which it obtained the l
l
.informatio'n or' documents. The Board and parties are merely advised that' its counsel recently " completed an investigative trip,"4/ which resulted in this information.
3/. 48 Fed. Reg. 36358-(August 10, 1983).
- 4/ MVPP's' Motion at 1.
.w 3
r J. ;
1 .
._4_
LI nL:no5way whatsoever.does'MVPP relate _the'information or;its
~ source (s) to MVPP's-: previous efforts to obtain suchi
!information1 'and/or the' : prior- availability of . such
'information.- . Inde'ed , .MVPP admits - thati some .of the information pertains to the - very ' allegations contained in
'its previous-submission on July 12, 1983.5_/
MVPP has the affirmative - burden -of- demonstrating satisfaction ' of 1 the requirements for rjsopening a closed I
record 'and. for submitting . late contentions,6/ and has failed to.do so. Its motion is clear oneits face that many of :the matters ' described therein could have been pursued
~
earlier _.--Each'of the matters pertaining to alleged hardware deficiencies , e.g. , - material traceability, are encompassed.
-withinfthe' ongoing Quality Confirmation; Program and related
. activities at -. Zimmer under the Commission's Order to Show
' Caitse. One of the.' allegations pertains : to a former Kaiser
't 1 employee, Sherrill Nolder, whose . activities at Zimmer have long :been a ' basis for MVPP 's. allegations.7/ MVPP also Jwishes--to' challenge certain testimony by Kaiser's Vice President, Admiral Donald Iselin, before Congress in
'5/- VId.
^
' '6f :: S e e - g e n e r a l l y Applicants'. Answer to MVPP's Motion to Reopen-the-Record for Admission of Eight Contentions on
- . Quality Assurance at-19-45'(June'20, 1983).
ii :7/. ;See : Applicant's Response to Reply Brief by MVPP at 7T 25 (August.3,'1983).
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~
) September l-1982,;despite failing to show that.its allegations.
"couldinot_have previously been raised.8_/
s To putsthe matteri in; perspective, it must'be borne'in
~
~
mind that ths: basic motion;before the Licensing Board filed Ton L-June-s3,11983 :is essentially 1 for reconsideration of the LBoar'd's denial lof-MVPP's~eight; late contentions over a' year' Lago'. The; information which MVPP now proffers. is
-altogether irrelevant to:whether[the Licensing' Board should reconsider the-matter.of_ reopeni g-the record as it existed a
on: May -18, 1982, the date MVPP initially submitted its s
propose'd -late _ contentions. The - supplementation MVPP l would '
~
provide cannot " cure"' a deficiency 'in having f ailed' to
-pursue ~~its -contentions ' in- a. timely manner over a year ago M As-Applicants have emphasized before, MVPP's efforts to
' ~
_ support its.' late filed contentions by a stream of' documents filed ad- infinitum Lfundamentally- misconstrues the 1 Commission's policy ~ for' admitting late contentions" and reopening-_a closed record. In-reviewing a party's proposed late contentions, itiis not the . function of the~ Licensing
. Board to determine whether, after'the~ filing of the proposed
,8f MVPP's Motion at 6--7.
~
9/ See? Applicants' - Answer to MVPP 's - Motion to Reopen the Record -for Admission - of Eight Contentions _ on Quality
- Assurance at 15-16 (June 20, 1983).
-10/
Id..at 29.
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. - . . . . ~ .-
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~-
y
- l' ate - Lcontentions ,.
~
the- party has' submitted additional' !
- allegations supportive of its. claims as soon'as-information
~
became available.-:Rather, the Board must decide whether the party has . met its -obligation ~ "to diligently ' uncover and apply,'all; publicly' available information to the -prompt formulation of contentions." The information which MVPP
- nowc proffers, even if only recently obtainable, is utterly
-irrelevant' to ' : the ~dettyrmination of " good ' cause" for its
~
s Leight 1 ate ' contentions k submitted more than a year ago. It
. is' the " prompt- formu14 tion of contentions" themselves, not L subsequent submissions, which establish '" good cause" .for
!' latene s s .1_2, For the 'same reason, MVPP's' desire to comment on the
. Torrey. Pines l report' is also irrelevant. Observations,
'conclusionsJand recommendations by Torrey Pines pursuant to p the1 directive of the Commission in the -Order to Show Cause j that. there be a third-party independent review of Zimmer I=
l
~11/- Duke Power Company (Catawba Nuclear Station, Units 1 i and 2) , CLI-83-19, 17 NRC (June 30, 1983) (slip
! op. 3 at .11) --(emphasis added) .
E lf . 12/ See generally . Applicant's Answer to MVPP's Motion to
~
Reopen the. Record for Admission of.Eight Contentions on
- Quality Assurance at 24-27 ' (June 20,.1983). As it has Don' other occasions,. MVPP requests leave to take
!~ ' discovery in order to support its proposed contentions.
This.particular. request has already been addressed-by Applicants to L demonstrate that no such right exists.
'See Applicant's - Answer to "MVPP Motion for Leave to File ' a Reply Brief -to Applicants ' and Staffs' Answers
-to Motions to Compel Discovery" ' (August 25, 1983).
w -y . , - - - .~ , wf. -- ,,.,, ,_m v. ,,,-y,, .# .,,g ,9 m.~-, _ , , . - _ _ . , . , . . . ,m,.,f.,_,.-.,,e .,g , ,
. - project management have no bearing upon whether MVPP has shown " good cause" for . late contentions filed over a year
.ago.- As thefinevitable ' product of the Commission's - Order that such a review .be conducted, the publication of this document is hardly ' unanticipated or any "new" development
- supportive of MVPP's contentions.
1982 In both' its Order of July 30, requiring the dismissal of . ilhe sua- sponte contentions and its subsequent
~
'(
Order to- Show Cause, the Commission expressed its expectation that ongoing activities pursuant to its_ orders
' would result in the_ generation of further information necessary to address. quality assurance deficiencies at Zimmer effectively and comprehensively.13/ -
The Torrey Pines report ~ is- the -logical result of the Commission's expectation.- Although MVPP obviously wishes to add its comments to the conclusions and recommendations -of the Torrey P i n e s - r e p o r t ,- this is a matter of the show cause
- proceeding. The Commission'has already established precise
-procedures- for the disposition- of the conclusions and recommendations of the Torrey Pines report. It must be emphasized that submission of the Torrey Pines report is only the first of'several steps to be taken under the Order to Show 'Cause for resumption and completion of 13/ See_ generally Applicant's Answer to MVPP Motion to Reopen the Record at 27-28 (June 20, 1983).
w-
,- .w-y
- p. -
. safety-related' construction at Zimmer. $ It would be
' inappropriate'for~the completionLof each~of these steps in
.the . show : cause - proceeding 'to be_ collaterally raised before the' Licensing Board. . The Board should therefore not permit the' validity lof this document to'become an issue here.
II. 'The~Results of-Internal.NRC Investigations
-Will.be Made Known to-the Licensing Board as Appropriate
~AsIadditional relief, MVPP has asked that.the Licensing
.- Boar review :the full investigative - files and any reports s
regarding: -(1) the investigation by Administrative Law Judge Helen . Hoyt of activities by the ' Office of Inspector and Auditor'during its investigation at the Zimmer Station and
- (2) .the . ongoing ' investigation ~ by- the NRC Office- of Investigations at
- Zimmer.
p Preliminarily, we' understand'that the investigation by
~
/ Judge .Hoyt- was initiated by the. Commission as a special-
. proceeding to provide -the Commission' 'with information for
.its particular purposes.. As ' a' separate proceeding over
[ which.this Board has no - delegated jurisdiction, it is not L
apparenti how - the Board . would pursue a - request to review investigative . files = and/or reports prepared by or at - the .
i crequest-of Judge Hoyt for the Commission.- It is clearly.up l-
- .. to .- the' Commission to provide'this' Licensing Board with any I
i
, J4f 16 NRC at 1497-98'.
I~
l:
i.
t-
9._-
. materials it deems relevant and helpful with regard to the
~ matters beforeLit.
As for' ongoing- investigations by the ' Office of
-Investigations at Zimmer, the Commission has outlined an
-interim policy governing disclosure of information regarding
-pending. inspections- and investigations to _ adjudicatory boards.- It is clear from its policy statement that the
[ Commissioni is relying upon the Staff or Office of I Investigations to - determine when, in a particular case,
-, 'either is, duty bound to inform an adjudicatory board of such 1
information.25/' In these- circumstances, it- would be
- inappropriate for the Licensing Board to presume that either the NRC Staff or. Office of Investigations has been derelict
.in - meeting its obligations -to- disclose _ pertinent
-information.
L-i
~
15/ 48 Fed. Reg. . 36358, 36359 (August 10, 1983).
6
_ - 10 _
< . Conclusion For the~ reasons. discussed more' fully above, . the motion
- by MVPP to .' submit ' additional information is without merit
-'and should be' denied.
Respectfully submitted, CONNER &~WETTERHAEN, P.C.
b- , .
//24L oy B.' Conner, Jr.
Mark J.-Wetterhahn Robert M. Rader Counsel for the Applicants
' September 12, 1983 L
1 I
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%. UNITED. STATES-OF AMERICA W - NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and" Licensing Board
[y. ~
In thefMatter of )
')
-The. Cincinnati Gas & Electric-) Docket No. 50-358 Company, etual. -)
- )
y (Wm. H. Zimmer Nuclear Power- )
Station) )
CERTIFICATE OF SERVICE I~hereby certify that copies of " Applicants' Answer to Miami. Valley Power = Project's Motion for Leave to Submit New Evidence and for Licensing Board- Review of Significant
. Pending Investigations," dated September 12, 1983, in the captioned' matter, . have been served upon the following by deposit in the United States mail this 12th day of September, 1983:
Alan S. Rosenthal, Chairman Dr. Frank F. Hooper Atomic = Safety and Licensing _ Chairman of' Resource Appeal Board- Ecology Program U.S.' Nuclear Regulatory School of Natural Commission Resources-Washington, D.C. 20555 University of Michigan Ann Arbor, MI 48104 Stephen F.'Eilperin- _
Atomic Safety and . Dr. M. Stanley Livingston Licensing' Appeal Board. Administrative Judge U.S.~ Nuclear Regulatory 1005 Calle Largo E
. Commission Sante Fe, NM 87501 Washington, D.C. 20555 Chairman, Atomic Safety
._Howard A.;Wilber and Licensing Appeal
- Atomic Safety and- Board Panel Licensing Appeal Board U.S. Nuclear Regulatory
'U.S. Nuclear Regulatory. Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety
~ Judge John H. Frye, III and Licensing Board
. Chairman, Atomic Safety and Panel i Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Ccmmission
' Commission Washington, D.C. 20555 Washington, D.C. 20555 l
i I
' Charles A. Barth, Esq. David K. Martin, Esq.
Counsel for the NRC Staff Assistant Attorney General Office of the Executive Acting Director Legal Director Division of U.S. Nuclear. Regulatory- Environmental Law Commission Office of Attorney General
-Washington, D.C. 20555 209 St. Clair Street Frankfort, Kentucky 40601 Deborah Faber Webb, Esq.
7967-Alexandria' Pike George E. Pattison, Esq.
Alexandria,' Kentucky 41001 . Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq. 462 Main Street Attorney at Law Batavia, Ohio 45103 200 Main Street Batavia, Ohio 45103 William J. Moran, Esq.
Vice President and Lynne Bernabei, Esq. General Counsel Government Accountability The Cincinnati Gas &
Project /IPS Electric Company 1901 Q Street, N.W. P.O. Box 960 Washington, D.C. 20009 Cincinnati, Ohio 45201 John D. Woliver, Esq. Docketing and Service Clermont County Branch Office of the Community Council Secretary U.S. Nuclear Box 181' Regulatory Batavia, Ohio 45103 Commission-Washington, D.C. 20555
' Brian Cassidy, Esq.
Regional Counsel Stephen H. Lewis, Esq.
Federal Emergency U.S. Nuclear Regulatory
-Management Agency Commission.
Region I- . Region-III John W. McCormick POCH 799 Roosevelt Road Boston, MA 02109 Glen Ellyn, Illinois 60137 4$714.
RobertiM. Rader
,L cc: Robert F. Warnick Director, Enforcement and Investigation NRC Region III 799 Roosevelt Road
' Glen Ellyn, Illinois 60137
_ . . .