ML19248C934

Grants Limited Continuance to Hearing Schedule Established in ASLB 790412 Order.Definite Date for Commencement of Hearings Will Be Set When NRC Has Completed Ser.All Parties Will Continue Discovery on Matters Not Related to SER

ML19248C934
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	06/05/1979
From:	Mark Miller Atomic Safety and Licensing Board Panel
To:
References
TAC-08348, TAC-11299, TAC-13152, TAC-8348, NUDOCS 7907050453
Download: ML19248C934 (3)

Text

{{#Wiki_filter:.- - ; _. %g, NRQ PUBLIC D00UMERI R0W ,p 4 -) UNITED STATES OF AMERICA 4 NUCLEAR REGULATORY COMMISSION {' . p, .f -{~. ' l, ~/ e,- -a ATOMIC SAFETY AND LICENSING BOARD 6'/. U o i s n,. In the Matter of ) ) PORTLAND GENERAL ELECTRIC ) Docket No. 50-344 COMPANY, ET AL. (Control Building) (Trojan Nuclear Plant) ) ORDER VACATING HEARING SCHEDULE (June 5, 1979) On May 21, 1979 the Staff filed a motion for postpone-ment of hearing and adoption of an alternate hearing sched-ule. The other parties have indicated that they do not object to the motion for postponement, although they wish to conclude this proceeding as soon as reasonably possible. By its Order of April 12, 1979, the Board established July 30, 1979 as the date for commencement of the eviden-tiary hearing, which became the base date for fixing the time to complete precedent actions such as filing motions for summary disposition or prefiled direct testimony. This schedule was anchored on the Staff's indication tnat it expected to issue its Safety Evaluation Repcrt (SER) on the control building modifications by at least the end of May, 1979. 790 050 h 7 2!j l '{.r..j

_2-As the Staff's motion indicates, since this schedule was established several matters unrelated to Trojan have cast substantial doubt on the Staff's ability to issue its SER before August 15, 1979, if then. These important and high-priority matters include the accident at the Three Mile Island facility, the shutdown of five facilities because of analytical errors in pipe stress analysis codes, an incident at Oyster Creek facility, and certain unresolved generic safety questions of high priority. We recognize that these matters nave required the substantial attention of key staff personnel, and are sufficient to justify a postponement of the present hearing schedule. We are mindful that we have been directed by the Com-mission and encouraged by the Appeal Board to act expedi-tiously in this matter, consistent with reaching a sound decision. However, we have previously found from the evi-dence adduced at hearing that there is reasonable assurance that interim operation of Trojan prior to approval and implementation of control building =odifications, will not endanger the health and safety of the public ded certain r license conditions are observed. That finding was approved by the Appeal Board (ALA3-534), and it remains valid. A limited continuance is therefore in order. 281 254

. However, the Board declines at this tLne to adopt an alternate schedule, as suggested by the parties. Some delays and confusion resulted in the Phase I portion of the hearing because of new information, last minute discovery and the like. We will therefore not establish a new sched-ule until the Staff issues its SER on the proposed modifi-cations. The Board will endeavor to hold available for an evidentiary hearing some time in the early and middle part of October, 1979. But it will be necessary for the Staff to fix an anchor date for any r.ew schedule by the filing of an SER. All parties are directed to continue discovery on all matters not necessarily and directly related to the SER. In particular, Intervenors Nina Bell and Consolidated Intervenors are directed to respr.id forthwith to the Licensee's Second Set of Interrogatories to Intervenors, dated May 8, 1979 ar.3 perscnally served on Xay 9, 1979. IT IS SO ORDERED. THE ATOMIC SAFETY AND LICENSING BOARD

• / ]l';ll, J,L. J ;to l 9 E,,O x l i n 4,

l / Marsnall E. Miller, Chairman Dated at 3ethesda, Maryland, this 5th day of June, 1979. ore r, b, 3i LJJ 2}}