ML20062B234

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

ML20062B234
Person / Time
Site:	05000484
Issue date:	09/22/1978
From:	Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7810250214
Download: ML20062B234 (4)

Text

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- b / $ UNITED STATES OF AMERICA %Y ^

Q g I' Z NUCLEAR REGULATORY COMMISSI0ft h 8;

!) ~ ($ B. E THE ATOMIC SAFETY AND LICENSIflG APPEAL BOARD I ) .GRANfED 9% v /s '

) For the Appeal Board NORTHERN STATES POWER COMPAtlY )

(MIf;ftE50TA) AND NORTHERN STATES Docket No. STil 50-484

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POWER COMPAftY (WISCONSIrl) )

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) Secre'ary to the Appeal Board (TyroneEnergyPark, Unit 1) ~)

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NRC STAFF STATUS REPOP.T AND MOTION -

FOR FURTHER EXTENSION OF TIME On August 10, 1978, with the consent of permittees and Intervenor Northern Thunder ("NT"), the NRC Staff was granted an extension of time until September 22, 1978, for the parties to present to the Appeal. Board a stipulation covering procedures and schedules for compilation of ~a record, including the Perkins record, on the radon issue pending before this Board. Failing achievement of a stipulation or if the stipulation did not cover the scope of the hearing, the Staff and permittees would -

also respond by that date to the substance of NT's " Requests Concerning Completing and Supplementing the Perkins Radon Record" (dated August 4, i

1978).

We can report that substantial progress has been made on the achievement of a stipulation covering the Sterling proceeding, which is being treated as a follow-01" lead" case to supplement the Perkins record. The Sterling Intervenor (Ecology Action) has also engaged in discussions with Intervenors in four other proceedings (Tyrone, Wolf Creek, Seabrook, and Marble Hill) regarding possible cooperative efforts. As indicated by its letter of 7[/6NT#ellf

2-September 10, 1978, to the Appeal Board, NT favors a conso.idated pro-ceeding. Until the parties to the Tyrone proceeding have, however, had the opportunity to review the final stipulatio'n worked out in Sterling, they will not be able to state their views on how the Tyrone proceeding should go forward.

Accordingly, the Staff respectfully requests an extension until October 27, 1978, within which to work out a stipulation in this proceeding and/or respond to NT's " Request." This extension is required in order to:

(a) complete a draft stipulation in Sterling; (b) circulate that stipulation to.the parties in the four other proceedings; (c) achieve agreement on a stipulation satisfactory tc all parties wishing to participate in Sterling; and (d) work out a supplementary stipulation in Tyrone providing that the Perkins-Sterling record will be the record on radon-222 and associated health effects in Tyrone and indicating under what conditions the Perkins-Sterling record could be supplemented in Tyrone. Since informal discovery has already commenced in the Sterling proceeding, this extension of time

(' will not cause any delay (assuming NT agrees to treat Sterling as the

" lead" case). We have discussed this motion with counsel for permittees and NT and neither has any objection to its grant.

Respectfully submitted, p &t /

Stephen H. Lewis Y

Counsel for NRC Staff Dated at Bethesda,fiaryland, this 22nd day of September, 1978.

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', UtlITED SLATES OF AMERICA

., NUCLEAlt REGULATORY COMMISS10fl -

s BEFORE Tile ATOMIC SAFETY MiD LICEllSIflG APPEAL BOARD In the Matter of fl0RTHERil STATES P0'.lER COMPAtlY _ .

(Mill!!ES0TA) Afl0 fl0RTHERil STATES Docket flo. STil 50-484 '

POWERCOMPAtlY(WISC0!1 Sift)

(Tyrcne Energy Park, Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of 'flRC STAFF STATUS REPORT Atl0 MOTI0fl FOR FURTHER EXTEilSI0ft 0F TIME," in the above-captioned proceeding have been served on the following by deposit in the United States mail, first 4-class or, as indicated by an asterisk, through deposit in the fluclear Regulatory Commission's internal mail system, this 22nd day of September, i 1978. .

• Richard S. Salzman, Esq. , Chairman Dr. George C. Anderson Atomic Safety and Licensing- Department of Oceanography Appeal Board University of Washington U.S. fluclear Regulatory Commission Seattle, Vasirington 98195 Washington, D.C. 20555 -

• Mr. Lester Kornblith, Jr.

• Michael C. Farrar, Esq. Atomic Safety and. Licensing Board Atomic Safety and Licensing U.S. Iluclear Regulatory Cortnission Appeal Board Washington, D.C. 20555

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U.S. Fluclear Regulatory Connission

-liashington, D.C. 20555 Gerald Charnoff, Esq.

Shau, Pittman, Potts & Trowbridge

• Dr. W. Rec.1 Johnson '

' 1800 M Street,fl.W.

Atomic Safety and Licensing Washin'gton, D.C. 20036

' Appeal Board U.S..lluclear Regulatory Commission Jocelyn F. Olson, Esq.

Washington, D.C. 20555 Minnesota Pollution Control Agency 1935 11. County Road, B2

• Ivan W. Sriiith, Esq. -

Roseville, Minnesota 55113 Atomic Safety and Licensing Board U.S. fluclear Regulatory Ccamission ,

, Washington, D.C. 20555 i t

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• Atomic Safety and Licensing Mr. Tom Galazen '

R.R. 2 Board Panel Box 64 U. S. Iluclear Regulatory Commission j Turtle Lake, Wisconsin 54889 Washington, D.C. 20555

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• Atomic Safety and Licensing I" ~ ael J. Cain, Esq. Appeal Board Panel Bui au of Legal Services U. S. fluclear Regulatory Commission

Department of flatural Resources Washington, D.C. 20555 Box 7921

• Docketing and Service Section Madison, Wisconsin 53707 Office of the Secretary Mr. Stanley Ciu*er ,

U. S. Nuclear Regulatory Commis'sion -

c/o Durand Postmaster - Washington, D.C. 20555 i Tyrone Wisconsin 54736 Barbara J. Willard, Esq.

Public Service Commission of Wisconsin 11111 Farms State Office Bldg.

4802 Sheboygan Avenue Madison, Wisconsin 53702 .

Mr. Edward Gold a l'L //

Stephgn H. Lew'is

. beu' 814 4th Street ..

Counsel for f!RC Staff llenomonie, Wisconsin 54751 --- --_ _ _

Richard Ihrig, Esq.

400 Exchange Building 4th and Center .

Winona, Minnesota 55987

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