ML20005B893
| ML20005B893 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 09/10/1981 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8109160082 | |
| Download: ML20005B893 (31) | |
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ATOMIC SAFETY AND LICENSING BOARD k
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ILLINOIS POWER COMPANY, SOYLAND POWER 1
COOPERATIVE, INC., AND WESTERN DOCKET NOS.30-469 OL 50-462 OL ILLINOIS POWER COOPERATIVE, INC.
Operating License for Clinton Power Station, Units 1 and 2.
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September 10, 1981 PAGzs:
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1 UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSICN
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4 In the matter of:
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5 ILLINOIS POWER COMuA1Y, 50YLAND POWER s Docket No. 50-4600L 50-4620L 6 COOPERATIVE, INC.
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7 ILLINCIS POWER CODPERATIVE, INC.
a 8 0perating License for Clinton Power Station, Units 1 and 2 9
- - - _ _ __ _ _ _ _.. _ _ _ _ _ _ _ _x to In the Offices of Alderson Reporting Co.
11 400 Virginia Ave.
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Washington, D. C.
12 13 Thursday, September 10, 1981 0
14 A telephone conference in the above-entitled matter was convened, pursuant to notice, at 10:45 a.m.
15 BEFORE:
16 HUGH K. CLARK, CHAIRMAN 17 Atomic Safety and Licensing Board GEORGE A. FERGUSON, JUDGE 18 Atomic Safety and Licensing Board P
19 OSCAR H. PARIS, JUDGE Atomic Safety and Licensing Board 20 4
21 22 23 24 25 l
l ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D C. 20024 (202) 554 2345
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f 2 APPEAR ANCES:
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PETER V. FAZIO, Esq.
V Schiff, Hardin E Waitie 4
Attorneys for Applicants 5
PHILIP L. WILEAN, Esq.
7.ttorney for the State of Ill:tnois 6
Environmental Control Division Attorney General's Office.
7 TERRY JOAK LANG, Pro se 8
Re presen ting Prairie Alliance 9
RICHARD GODDARD, Esq.
CHRIS GRIMES 10
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CHAIRMAN CLARK:
Everyone is c. the line, and we 3 vill begin the conference.
4 Good morning, Ms. Lang, and gentlemen.
In its 5 Memorandum and Order of May 29, 1981, the Board set dates 6 for first round discovery requests not later than June 26th, 7 1981, and answers thereto not later than July 27th, 1981.
gThe Board also stated that guidance as to the timing of 9 fu her discovery will be given by the Board as needed.
10 This statement was made in centemplation, first, t
11 that there might possibly be a need for further discovery 12 af ter the amendments by the applicant of its final safety 13 analysis report, and its operating license environmental 14 repcct, and, second, that there might possibly be neer. for 15 additional discovery af ter the staff has issued its 16 supplemental, final safety report, and its final 17 environmental statement.
The Board intended tha t further 18 advice should supplement but not supersede the rules for 19 discovery set forth in 10 Code of Federal Regulations i
2.740.
20 21 By a pleading dated August 31, 1981, the State of t
22 I111nois requested guidance as to certain specific points 23 that will be discussed later.
As a general observation, it O
24 o=1a oveer thet 1111r.oie ce ee ai ceverr ectivitie
==aer 25 the impression tha t each step must be prescribed by the O
ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345
4 1 Board without reference to the regulations.
2 Had the parties proceeded in accordance with the 3 regulations, by now a number of discovery activities could bq 4 and should have been completed.
The points on which 5 Illinois requested advice will now be discussed on by one.
6 Is there any comment on this opening remark before 7 we proceed?
8 No comments.
9 The first point on which Illinois requested 10 quidanca was additional interrogatories.
It is contemplated 11 that in general the first round of discovery will be 12 complete, except for two things.
13 Additional interrogatories may be admitted on a 14 proper showing of need after the taking of depositions and 15 the studying of documents which were made available, but the 16 additional i nterrogatories will be only for the purpose of 17 clarif ying the answers to the first round of 18 interrogatories.
19 The next situation is that additional 20 interrogatories may be admitted on a proper showing of need 21 af ter the staff has issued its rupplemental safety 22 evaluation report, and its final environmental statement.
23 In this connection, the parties are requested, at their 24 convenience, to refer to the discussion on page 220 to 224 25 of the transcript of April the 14th, 1981, and also to note
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O 2 oeoe 9 of the xemorendum end order of ner 29th,
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2 I would now like to ask Mr. Wilman if that is an 3 adequate answer to his first point.
4 MR. WILMAN:
Yes, I believe that does clarify what 5 the Board meant in its Orde r.
6 As you stated earlier in your preliminary remarks, 7 we had held off from any f urther discovery because it was 8 not clear to us what we could and could not do.
It was not 9 clear that we could proceed under the Rules of Practice and 10 Procedure.
11 CHAIRMAN CLARK:
I see, and I am sorry this has 12 occurred.
A+ter I have discusred these four points, we will 13 w an t to ciscuss it in more detall.
O 14 MR. WILMAN:
All ri g'.i t.
15 CHAIRMAN CLARK:
Tne second point raised had to do 16 with the request for production of documents.
I should like 17 to note that in its answers to both Prairie Alliance and 18 Illinois, the applicant has already offered access to 19 pertinent documents.
Really, by now I had thought that both 20 Prairie Alliance and Illinois should have complet<!d their 21 inspection of such documents, and I learned somewhat to my 22 dismay that they have not even begun.
23 MR. WILMAN:
May I respond to tha t?
24 CHAIRMAN CLABK:
Indeed, Mr. Wilman.
25 MR. WILMAN:
We have begun to set up that ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHING oN, D.C. 20024 (202) 554-2345
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1 inspection, that is the Sta te of Illinois has, with Illinois 2 Power.
3 CHAIRMAN CLARK:
I see.
4 MR. WILMAN:
We have been told that there are a 5 great number of documents to look at, and that we would need 6 to specify which documents we want to look at.
7 CHAIRMAN CLARK:
I suspected that there was a 8 large number of documents, and that is one reason that I had 9 not prodded the parties on that discovery because I had 10 anticipated that it would take a number of weeks for you to 11 look at all those documents.
That is what I thought you 12 were busy doing.
13 The next point which was raised was the scheduling O
14 of depositions.
Ihe parties have been free to schedule 15 depositions ever since the beginning of discovery, and I 16 quote f rom 10 Code of Federal Regulation 2.740(a), "As 17 practical ia tter, depositions taking could have started only 18 af ter' receipt of applicant's answers disclosing names of 19 persons involved."
But it can be arranged at any time to 20 take depositions in accordarce with the quoted provisions of 21 the Code of Federal Regulations.
22 Does that answer that question, Mr. Wilman?
23 MR. WILMANs Yes, it does.
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24 CHAIRMAN CLARK:
The fourth point raised was 25 motions to compel answers to discovery to which applicant ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345
7 1 objected.
Under 10 Code of Fed e ra l Regula tions 2.740( s ),
2 "such motions should have been made within 10 days after 3 receipt of the answer."
This period has long since expired, 4 and so you are not faced with the problem that, certainly on 5 the f ace of it, you have forfeited your right to seek to 6 compel answers to discovery.
7 It is my personal feeling, however, that this 8 arose as a result of a misunderstanding on your part.
I 9 certainly hope that in the future you will-proceed in 10 accordance v3 th the regulations, and that you will free to 11 ask questions of the Board at any time you need to by 12 telephone, if necessary.
13 A question as to proceeding from you direct to the 14 Chairman of the Board would be in order.
If he feels that 15 it is a matter that everycae should be present, then we will 16 promptly arrange a conference call concerning your request.
i 17 Under 10 Code of Federal Regulations 2.711, the 1G Boa rd has the authority to change the time for any action i
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19 under the rules.
I think in the presence of all of you, I 20 would like to consult the other two members of the Board on 21 thi s point.
22 It is my feeling that perhaps because it is the 23 first time that he has participa te in a matter of this kind, 24 Mr. Wilman misunderstood the language of our Memorandum and 25 O rd e r, a nd I am inclined to give him a 10-day period for the O
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554 2345
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Ifiling of his motion to compel beginning today.
2 How do you feel about that, Oscar?
3 JUDGE PARIS:
I concur.
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4 CHAIRMAN CLARK:
George?
5 JUDGE FERGUSON4 I have no objection.
6 CHAIRMAN CLARK:
Does any other member of this 7 con.ference wish to speak to this point?
8 MR. FAZIO:
I guess under the circumstances, we 9 are not going to object to that for two reasons.
One, I 10 tend to agree with the reasoning of the Chairman.
- Secondly, 11 I can see that the Board is unanimous on this point.
12 I would, however, state that the applicants feel 13 quite strongly that in order to have this proceeding go 14 f orward in a manner tnat is likely to result in our being 15 able to have hearings at the appropriate point in time, that 16 it is important that we conclude the C ',covery that relates 17 directly to the contentions which have been admitted in 18 advance of the time that the safety evaluation report is 19 issued by the staf f, so that thereafter we will be able to 20 concentrate on the 'ssues which relate to that document, or 21 to the environe, ental report.
22 For that reason, we were g71ng to suggest that a 23 schedule for discovery be submitted to the Board for 24 consideration which would set forth a series of dates which 25 would culminate in December of this year for completing all l
O ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345
9 1 discovery on the cententions as such.
I would put f orward 2 that suggestion at this time, and if it appears to be 3 h elpf ul, then we would be prepared to submit that im 4 writing.
5 CHAIRMAN CLARK:
Mr. Fazio, I am glad to have 6 these remarks from you because this is right along the lines 7 of ny thinking, and it was essentially what I was coing to 8 propose.
9 You will realize, of course, that in order to do 10 this, it will be necessary for the parties, in the absence 11 of the Board, to have a meeting and discums these various 12 matters, and agres on tentative dhtes.
Would you be willing 13 to participate in such a discussion?
O 14 MR. FAZIO:
Yes, sir, we would be willing not only 15 to participate, but to host such discussion on a date that 16 would be convenient to everyone.
17 CHAIRMAN CLARK:
Mr. Goddard.
18 MR. GODDARD:
That would be fine.
19 Before we proceed on this basis, I would like to 20 ask Mr. Grimes if, since the last meeting of all of the 21 par ties, there has been any change in the expected issuance 22 date of either the environmental or safety documents from 23 the staf f ?
24 MR. GRIMES:
There has Leen no change in the l
25 review schedule or the projected dates that we provided to OV ALDERSON REPORTING COMPANY. INo, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345
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10 1 the Board in April for issuance of the safety evaluation 2 report, or the final envircimental impact statement.
3 CHAIRMAN CLARKs April the first?
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MR. GRIMES:
When we met in April, I pro +1ded a 5 schedule for the safety evaluation report, and the 6 environmental impact statement to the Board.
7 CHAIRMAN CLARKs What is your estima te of the 8 dates f or the supplement to the safety evaluation?
9 MR. GRIMES:
Our estimated issuance date for the 10 supplement to the safety evalua tion report is in February, 11 1982.
12 CHAIRMAN CLA3K:
On the environmental?
13 MR. GRIMES:
The final environmen tal impac t O
~4 statement is scheduled to be issued March 15, 1982.
15 CHAIRMAN CLARK:
Is there any possibility of that-16 schedule being improved?
17 MR. GRIMES:
No, sir.
To the best of my knowledge 18 that is going to be tight as it is.
If the schedule 19 changes, I would expect it to move out in time, and not to 20 ge t any better.
j 21 CHAIRMAN CLARK I hope that we will not have any 22 slippage.
23 This means, of course, that we will not be able to 24 tak e u p matters covered in these reports until after we get 25 them.
This also means that because of the extended time O
ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
11 1 that we now face, it certainly is highly desirable that all 2 the matters which can be fully explored by discovery, and
]v 3 which can be disposed of by negotiations and discussions, 4 should be done before that time.
5 In other words, it is now apparent that with 6 regard to one contention, Frairie Alliance would be willing 7 to abandon that one phase of one question as stated in its 8 reply.
It may well be that after discovery there may be 9 other areas where the scope of disagreement between the 10 parties can be limited or in some cases eliminated.
11 This is one reason that I think the parties should 1
12 get together and talk about all of these matters, and try to 13 work together so as to save time in the end, and save work, 14 also.
15 JUDGE PARIS:
Judge Clark, you were asking the 16 parties if they could meet to work on a schedule for i
17 discovery, and got through Goddard, and I think Wilman and 18 Lang still have to answer.
19 CHAIRHAN CLARK:
Mr. Wilman.
20 MR. WILMAN:
Yes.
21 CHAIRMAN CIARK:
You will be glad to participate?
22 HR. WILMAN.
We are willing to sit down viti. the 23 other parties and discuss a schedule.
24 CHAIRMAN CLARK:
Ms. Lang?
25 Ms. LANG:
Yes, we also would be willing to do ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S W., WASHINGTON, D.C. 20024 (202) 554-2345
12 1that.
2 CHAIRMAN CLARK:
Ms. Lang, while I am talking to 3 you, I note that you have not filed a notice of appearance 4 in this case.
You will find in the files notice of 5 appearance by all the other counsel, and I believe you 6 should file one f or yourself in a similar f orm.
7 Ms. LANGs Are you saying tha t I should file a 8 notice of appearance as counsel for Prairie Alliance?
9 CHAIRMAN CLARK:
That is right. -
10 JUDGE PARIS:
Are you a lawyer?
11 Ms. LANG:
No, I am not a lawyer.
12 JUDGE PARIS She is appearing pro se.
13 CHAIRMAN CLARK:
Are you a member of Prairie O
14 7.111ac;e ?
15 Ms. LANG:
I am a member of Prairie Alliance.
16 CHAIRMAN CLARK You are?
17 Ms. LANG:
Yes.
gHAIRMAN CLARKi Then, ato you substituting for 18 19 Mr. Samuelson f rom here on ou t?
20 Ms. LANO:
I and others are working on this 21 together.
Mr. Samuelson is still providing some help, but 22 not as much as before.
I would not like to put myself in 23 that position, I would deny that I am counsel for Prairie 24 Alliance.
I 25 CHAIRMAN CLARK:
I see, you are not a lawyer.
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Ms. LANG:
That is right.
2 MR. FAZIO:
Mr. Chairman, I think that it is
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3 important, however, that from time to time, and I am not 4 suggesting that it can't change from time to time, that 5 there te a t any given tim e a spokesperson for Prairie 6 Alliance that will serve as a point, if you will, who the 7 various parties can contact.
8 We have had some difficulty in being able to 9 contact Prairie Alliance, and I think tha t-this is one point 10 of communication that would be very helpful if we could 11 resolve it today.
12 CHAIRMAN CLARK:
This is the reason that I brought 13 the matter up, Mr. Fazio.
14 Ms. Lang, would you be willing to undertake to be 15 the contact for Prairie A111anca until we are notified to 1E the centrary?
17 Ms. LANG:
What I would like to dc is to, one, 18 apologize f or any inconvenience for communication matters.
19 The Prairie Alliance office just got a new phone number, and 20 apparently the rerouting of the phone number is not working, 21 so that if people try to call they have not been able to get 22 through.
I would like to give you our new phone number.
It 23 is area code 217-367-3527.
24 As far as being spokespe rson for Prairie Alliance, 25 I would like to undertake that along with three other people l
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I will give you those names and phone numbers, 3 if you would like to knot them.
4 CHAIRMAN CLARK:
Yes, but we would like to be able 5 to contact one person.
In setting muetings, in setting up 6telephoie conferences, and asking and answering questions, 7 there should be one person who will act as spokesman.
You 8 can have as many others as you want working with you, but we 9 cannot look to four different persons.
10 Ms. LANG:
I would like to give you another 11 person's names a spokesperson for Prairie Alliance.
12 CHAIRMAN CLARKs Would you rather diccuss it witia 13 your group, and supply that information later, but really O-14 p ro m ptly ?
15 You see, right now we are trying to see whether 16 Prairie Alliance would be willing to sit down with this 17 discussion group.
18 Ms. LANG:
Right.
19 CHAIRMAN CLARK:
Are you prepared to speak for
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20 them?
21 Ms. LANG:
I am willing to speak for Prairie 22 Alliance in that I know we would be interested in sitting l
l 23 down and discussing a schedule for discovery.
I am just not fm()
24 willing to take on being the spokesperson for Prairie 25 Alliance.
I will be the spokesperson until further O
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1 notification.
2 CHAIRMAN CLARK:
That is good.
You will notify 3 all parties if there is a new spokesperson?
4 Ms. LANG:
Yes.
5 CHAIRMAN CLARKs Very well.
6 Does that satisfy you, Mr. Fazio?
7 MR. FAZIC4 Yes, sir, it does.
I am assuming that 8 we can reach Ms. Lang at the number that she has just given 9 us.
10 Ms. LANG:
That is correct.
11 CHAIRMAN CLARK:
You will be a t that number, and 12 not at the number that I have for you?
13 Ms. LANG4 The number that I gave is the number 14 for the Prairie Alliance of fice, which has a tape recording, 15 so that if I wa s n o t there, I could catch the message.
16 What number do you have for me?
17 CHAIRMAN CLARK:
We also have a number for you l
18 when you are at work at the office, unich a rea code i
19 312-525-2357; is that correct?
20 Ms. LANG:
No.
21 CHAIRMAN CLARKs You can't be reached there?
22 Ms. LANG:
No.
That was never my number.
Is that 23 a Chicago number?
24 CHAIRMAN CLARK:
That is the number that appeared 25 on your answers to interrogatories, given with you name.
O ALDERSON REPORTING COMPANY,INC, I
400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345
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Ms. LANO:
1 believe that was the phone number for 2 one of the members of Prairie Alliance, but it was not my 3 number.
I can't give you an office phone number because I 4 am not working'at that effice anymore.
So it would be best 5 just to stick with this 7tairie Alliance number, if that 6would be all right.
7 JUDGE PARIS:
At the Prairie Alliance number, 8 then, if you are not there, and no one is there, there is a 9 tape recorder that you will pick up messages from; is that 10 correct?
11 Ms. LANG:
That is correct.
12 JUDGE PARIS:
Fine.
13 CHAIRMAN CLARK:
How frequently would you check 14 th a t ?
15 Ms. LANG:
We check that every other day.
16 CHAIRMAN CLARK That means that we will have to 17 allcw some time in giving notices to you, and things of that 18 sort.
19 Thank you so much for your cooperation.
20 Ms. LANGs I hope I have been cooperative.
I am 21 no t trying to be uncooperative.
22 C11 AIRMAN CLARK:
I would also, Ms. Lang, like to 23 call your attention to the fact that the rules of practice 24 with regard to discove ry, and with regard to contentions is 25 undergoing a scrutiny by the Commission which may result in O
ALDERSON REPORTING COMPANY,INC, 400 VIRGWIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345
17 1 tightening them up quite considerably.
I think this will 2 probably happen before the end of this year.
3 One of the things which is anticipated, and which 4 may be of interest to you is the fact that when presenting 5new contentions, you must also give the basis for your 6 con tentions, and not just make a flat statement as you have 7 been able to do in the past.
8 The other thing that is being considered is ruling 9 out the power company's financial responsibility on the 10 basis that that has been thoroughly explored before the 11 construction permit was issued, and it is sort of silly 12 af ter all the money is spent to go into it again at the 13 opera ting stage.
O 14 As I say, these a re proposals a t the present time, 15 but I want to tell ?ou that so you may wish to consider in 16 planning your time how much time you spend on the financial 17 part of the matter, because it may be wasted.
Do you 18 understand ?
19 Ms. LANGs Yes, sir.
20 CHAIRMAN CLARK:
Does anyone else have any 21 comments they wish to make at this time, then I will have 22 one last comment.
23 Ms. LANG:
I would like to make a few comments, if 24 I could.
25 CHAIRMAN CLARK:
Certainly, go ahead.
O I
l ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA ave., S.W., WASHINGTON, D.C. 200 4 (202) 554-2345
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1 Ms. LANG:
I see that you have allowed for Mr.
2 Wilman to have 10 more days for t..e motion to compel answers 3 to objected questions.
4 CHAIRMAN CLARK.
Right.
5 Ms. LANG:
I would like to ask if you meant also 6 for Prairie Alliance?
7 CHAIRMAN CLARK:
Yes, I will grant the same to 8 P rairie Alliance.
Prairie Alliance gets the same 10 days.
9 Ms. LANG:
Thank you.
10 I just want to say that we are trying to make a I
11 good f aith effort.
This is a citizens group acting without 12 counsel, and we are acting to the best of our ability.
We 13 are trying to cooperate, and act in good faith.
We are 14 sorry for the inconveniences that might have occurred 15 because of the f act that we are acting without counsel.
16 CHAIRMAN CLAEK:
That is fine.
We appreciate your 17 remarks.
Please feel free to call us at any time you feel 18 in doubt as to how you should proceed.
19 MR. GODDARD:
This is Mr. Goddard.
20 CHAIRMAN CLARK:
Yes, sir.
21 MR. GODDARD:
I would like to ask Ms. Lang if she 22 is able to give me a date certain as to 4 hen the Prairie 23 Alliance vill respond to the interrogatories which were
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24 served on the Prairie Alliance by the NRC staff, please.
25 Ms. LANGs Mr. Goddard, I would like to say that I O
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
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' do t aeve e dete et tais time, det 1 de11 eve to tae de=t or 2 our ability they will be out within the next two weeks.
As 3 I understand it, you have been very considerate in not 4 pressing for immediate response.
You have said at various 5 times that it would be all right if te did not answer quite 6 within the limit.
I realize that it i s o ve r tre limit.
We 7 concentrated during the time limit on answering IP's l
8 questions.
We had a great der.1 of trouble dealing with them 9 within the time constraint of one month.
So it has been to taking us that long, if not more, to answer the questions 11 f rom the NRC also.
12 MR. GODDARD:
The staff will hold its tongue for 13 two weeks.
O 14 Ms. LANG:
Thank you.
15 MR. FAZIO:
If it is appropria te, I don't want to 16 cut off anyb:dy else, but I would hope that we might make 17 use of having everyone in one place before the conf erence is 18 concluded to try and arrive at a date for this meeting.
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19 would just facilitate matters tremendously.
l 20 CHAIRMAN C1 ARK:
Go right ahead.
21 MR. FAZIO4 Mr. Goddard, perhaps you would like to 22 succest a date that would be convenient to staff, we have to l
23 start somewh ere.
24 MR. GODDARD:
What location are you looking to, 25 M r. Fazio.
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ALDERSCH REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554-2345
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MR. FAZIO:
I an. suggesting some place in 2 Illinois, but within Illinois we would be willing either 3 Chicago or Champaign, Urbana, Clinton, any place of tnat 4 nature.
5 MR. GODDARD;t I would like to ask Ms. Lang if 6 Chicago would be convenient for the Prairie Alliance.
We 7 realize that there is a question of travel and funding.
8 However, the NRC staff finds it much easier to get in and 9 get out of a meeting in Chicago in a short. period of time 10 than in Champaign.
If this is a hardship because of the 11 number of people involved, and the cost, then of course we 12 would come to Champaign-Urbana araa.
13 Ms. LANG:
As I understand it, the meeting is to 14 discuss specific dates as to discovery; if that correct?
15 CHAIRMAN CLARK:
That is right, and all aspects of 16 discovery yet to be performed.
17 Ms. LANG:
I would think that' Chicago would be a 18 satisf actory place.
I as wondering if it is possible that 19 this meet'.ng could occur on a weekend.
Is that not 20 possible ?
Otherwise, if it could be on a Monday or Friday.
21 MR. FAZIO:
Chicago and the weekend is acceptable 22 t o us.
It would be up to the other parties.
23 MR. WILMAN Chicago and the weekend would be l O 24 ec=epteb1e to the stete es we11.
25 MR. GODDARD:
On behalf of myself and Mr. Grimes, l
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1 I would much prefer to hold the meeting on a Monday or 2 Tuesday, even if it meant moving the meeting tc Champaign
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3 f rom Chicago, as opposed to holding a weekend mee ting in 4 Chicago.
For the next f ew mon t'.s, I have a small problem 5 with th e weekend inasmuch as I am in an Army Reserve Unit 6 Commander, and devote an extensive amount of time to the 7 military preparednoss of the unit on weekends.
8 Ms. LANO:
Let's say a Monday in Chicago, I think 9 that that would be amenable to Prairie Alliance.
10 MR. GODDARD:
Might I suggest Monday, September 11 21st or 28th.
12 Ms. LANG:
Either date would be all rig h t.
13 MR. GRIMES:
I would like to put in a vote for the O
14 21st as being the most desirable date for me.
15 MR. GODDARDs As a possibility, what about Monday 16 the 14th, ' realize that it is short ne cice.
17 Us. LANG:
I think tha t would be too short notice 18 for me.
15 MR. GODDARD:
The 21st is acceptable to the NRC 20 staff.
21 MR. FAZIO:
We would be happy to host the meeting l
22 in our offices in Chicago on the 21st at whatever time would 23 be convenien t.
I would suggest that if people want to
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24 travel up from downctate on Monday morning, or something, we 25 probably should defer beginning until about 10 or 10:30.
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1r ree 111 te adr, 1 v111 ee iz 1 2 an airline schedule.
I think it would be quite practical 3 for Mr. Grimes, myself, Mr. Williams, or all involved, to 4 g ra b the first flight out of Midway Airport on Monday 5 morning, and I am trying ta find a schedule to give me those 6 times.
7 MR. WILMAN:
As to the two dat9s, I would prefer 8 the 28th.
I can make the 21st if that ir the concensus of 9 the parties.
10 MR. FAZIO:
Mr. Grimes has indicated a preference 11 for the 21st and, frankly, given the amount of slippage we 12 have had so far in the discovery schedule, I guess I have an 13 advantage in that I have a better idea of how many documents O
14 are sitting in boxes ready to be looked a t, I would prefer 15 going forward sooner rather than later.
16 HR. GODDARD:
I believe we could make that any 17 time, 10 o' clock or after.
The scheduled a rrival is 8 :35 18 a. a., Chicago time.
So any time from 10 o' clock on should 19 be good, absent actual flying delays.
20 MR. FAZIO:
Then just to get things coing, let me 21 suggest 10 o' clock in our offices in the Sears Tower on the 22 21st, and then maybe we can go around and see if that is 23 acceptable.
24 Ms. LANG:
I believe, as far as train schedule 25 goes, 10:30 might be more easily reached for me.
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MR. GODDARD:
That is acceptable to the NRC 2 staff.
3 MR. WILMAN4 That is fine.
4 MR. FAZIO:
We will look forward to having 5 everyone here at the meeting to begin at 10:30.
I would say 6 to Mr. Goddard and to anyone else who find themselves here 7 early that you should feel free to come whenever you get 8 here.
Our offices are in the Sears Tower, and if everyone 9 would come to the 74th floor, and ask for pe, then we will 10 be able to usher you into a conference room.
11 In order to accomplish the most that we can, as 12 many people will be travelling, we will alsc arrange to have 13 lunch brought in so that wc-can work straight through.
14 MR. GODDARD:
With regard to this meeting, might I 15 also suggest that this would be an appropriate time to 16 proceed to discussion and refinement or elimination of any 17 con tentions where parties f eel that changes are in order i
18 based upon evidence which they might present informally to 19 the other parties at that time, or on the basis of any 20 changed circumstances since our prior meetings.
21 Ms. LANG:
Is it all righ* if I leave it 22 open-ended who exactly is going to attend for Prairie 23 Alliance ?
Ih 24 MR. FAZIO:
Certainly, it is all right with us.
25 Es. Lang, it would be helpful, however, from a O
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- vie - it rce co=1a 1et =e xao e eer or 2 two in advance as to how many people will be attending.
3 Ms. I.ANG:
All right, I will give you the names 4 and how many a few days beforehand.
5 MR. GODDARD:
Mr. Grimes, Mr. Williams, would you 6 both plan on attending this meeting?
7 MR. GRIMES:
I will attend.
Whether or not Mr.
8 Williams wil1 attend, we will ha ve to determine later.
9 MR. GODDARD:
Do you anticipate any other NRC 10 staff m:mbers for planning purposes?
11 HR. GRIMES:
I do not.
12 MR. GODDARD:
Thank you.
13 MR. FAZIO:
Mr. Goddard, will you be coming by 14 y r eself, or will there be someone else from the Executive 15 Legal Of fice ?
'l 16 MR. GODDARD.
As of this moment, I expect to be 17 coming alone.
There is a new counsel who has been appointed 18 as my back up on this case, for the record, and we will file l
19 a notice of appearance shortly.
His name is J. M.
20 Gutierrez, G-u-t-i-e-r-r-e-z.
His phone number at the NRC 21 is area (301)492-7453.
Mr. Gutierrez vill be participating i
22 in this case from this poin t f o rwa rd.
23 Ms. LANG:
I just have two questions to clarify.
O 24 11 1 unoerstend, I een t need to f11e e notice of eppeerance 25 as counsel because I am not counsel.
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rou ere not counse1 end rou are 2 a member of the Prairie Alliance, so you will simply keep us 3 notified that you are the spokesperson f or the group, or if 4 there is a change you will notify us of thats so we will be 5 able to reach Prairie Alliance e i ther with documents, or 6 with telephone calls, and keep you in the swin of what is 7 going on.
8 Hs. LANG:
My second question would be to Mr.
9 Fazio.
Could you give me a date for when you expect the 10 fuel loading date for Clinton to be?
11 MB. FAZIO:
I think that the way we have done it 12 now, the date you have heard of in 1983, which ranged from 13 January until August, the current dates for fuel loading.
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14 suspect that those dates may change and begin to firm up as 15 time goes on, but that is the general range currently.
16 Ms. LANC:
Thank you.
17 CHAIRMAN CLARK Are there any other ma tters to be 18 brought bef ore this conference?
19 MR. GODDARD:
There is one, Judge Clark, based 20 upon your comments with regard to one portion of one 21 contention.
I trust that your reference was to Contention 22 No.
7, subparagraph (a), dealing with the seismic 23 situation.
24 CHAIRMAN CLARKs That is correct.
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Inasmuch as all parties are on the ALDERSON REPORTING COMPANY,INC.
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1 line, it might be expeditious if I were to ask Ms. Lang at 2 this time whether the Prairie Atliance is prepared to drop
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3 that contention based upon material which has been furnished 4 them?
5 Hs. LANG:
We would be willing to drop 7(a).
6 MR. FAZIO:
Mr. Chairman, I guess I would ask for 7 some clarification myself.
We are prepared to put out a 8 Motion f or Summary Disposition, if that is the appropriate 9 procedural ground to f ollow.
Obviously, if it can be done 10 by agreement with:ut going through that trouble, we would 11 apprecia te it.
12 CH AIRnAN CLARK:
I would hope so.
I would hope 13 that as a result of this meeting, certain items will be
- 1. dropped by a Joint Motion by the parties, and I would hope 15 that as further information comes in, when Prairie Alliance 16 a nd Illinois have been able to review the documents which 17 you have made available to them, that at a subsequent 18 meeting between the parties you may find other items which 19 can be droppe 2.
20 MR. FAZIO:
Very well, based on that comment, we 21 will be prepared somewhat in advance of the meeting on the 22 21st with a written draft of Joint Motion which we would ask 23 the parties to consider and be prepared to address at the 24 meeting on the 21st.
25 CHAIRMAN CLARKs Good.
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na razro-o e other oo1 t ta t 1 ve=14 rei e 2 now, and we would propose to handle it in the same fashion 3 because we are hoping that we will be able to get agreement 4 of all parties on it, and that is that we will circulate in 5 the near future a document which proposes to sever the 6 proceedings as between the two docket numbers, one of which 7 applies to Unit 1 and the other of which applies to Unit 2, 8 and then to stay the proceeding r(lating to Unit 2 until 9 further notice given the realities of the situation where we 10 have Unit 1 substantially completed, and the Unit 2 11 substantially incomplete.
12 We spa hoping to give everyone something to look 13 a t within the next weak or so, and then hopefully we can O
14 reach agreement on something to go to the Board with at the 15 meeting on the 21st.
16 CHAIRMAN CLARK:
I think that is an excellent 17 idea.
If something of that sort is done, I suspect the 18 Board will have to do something on their own motion.
We 19 can ' t render a decision new on an operating license for a 20 plant that is not going to be operated for so many years 21 a wa y.
So this is a very good idea.
22 I would like to take this opportunity to thank all 23 members of this conf erence for their participation, and for 24 their cooperation.
I believe that we have made real 25 progress, and I look forward to seeing the discovery proceed O
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i at a much more rapid pace.
2 I also feel that it is highly desirable that the 3 Board be kept intctmed of the progress that you make.
You 4 can do that one of several ways.
We can have further 5 telephone conferences.
O r, one of you can make a pe:: iodic 6 report to the Board as to progress, so that we have our 7 fingers on the pulse of the situation.
8 MR. FAZIO:
I would like to suggest, if I might, 9 that Mr. Goddard serve that function.
10 CHAIRMAN CLARK:
Mr. Goddard, would you undertake 11 that?
12 MR. GODDARD:
I just volunteered to do so.
13 CHAIRMAN CLASK Good.
O 14 These reports should be not less of ten than once a 15 mon th.
Any milestone that you reach, if it is faster than 16 tha t, we would like to know about it.
17 MR. GODDARDs All right, sir.
I will do tha t, and 18 I will trust that Mr. Fazio will remind me at the 19 appropriata time when such reports to the Board are due.
20 CHAIREAN CLARK:
If there is nothing further to 21 come bef ore this conference.
22 Oscar, do you have anything further to say?
23 JUDGE PARIS:
Nothing more.
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24 CHAIRMAN CL8 :K:
George.
25 JUDGE FERGUSON:
Nothing to add at this time.
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2 adjourned.
3 (Whereupon, at 10:20 a.m.,
the telephone 4 cobference was adjourned.)
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O ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345
a NUCLEAR REGULATORY CON 4IESION This is to certify that the attached proceedings before the in the matter of:
Illinois Power Co., Soyland Power Cooperative, Inc., and Western Ellinois Power Cooperative, Inc. Oper Lic for Clinton Power Sta Units 1& 2.
Date of Proceeding:
September 10, 1981 Docket !! umber: 50-460 OL and to-462 OL Place of Proceeding: Washington, D.
C.
were held as herein appears, and that this is the original transcript thereof for the file of the Ccamission.,
Patricia A. Minson Official Reporter (Typed)
&U Official Reporter ( Sig n a t.:r e )
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