ML020850280
| ML020850280 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 03/13/2002 |
| From: | Repka D Dominion Nuclear Connecticut, Winston & Strawn |
| To: | Bechhoefer C, Cole R, Kelber C Atomic Safety and Licensing Board Panel |
| Byrdsong A | |
| References | |
| +adjud/rulemjr200506, 50-423-LA-3, ASLBP 00-771-01-LA, RAS 4146 | |
| Download: ML020850280 (2) | |
Text
WYNSTON & STRAWN 35 WEST WACKER DRIVE CHICAGO, ILLINOIS 60601-9703 43 RUE DU RHONE 1204 GENEVA, SWITZERLAND 38TH FLOOR 333 SOUTH GRAND AVENUE LOS ANGELES, CALIFORNIA 90071-1543 DAVID A. REPKA (202) 371-5726 drepka@winston com 1400 L STREET, N.W.
WASHINGTON, D.C. 20005-3502 (202) 371-5700 FACSIMILE (202) 371-5950 www.winston.com March 13, 2002 200 PARK AVENUE NEW YORK, NEW YORK 10166-4193 21 AVENUE VICTOR HUGO 75116 PARIS, FRANCE 3>
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r-3 C=3 Charles Bechhoefer, Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Dr. Richard F. Cole Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Dr. Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Dominion Nuclear Connecticut, Inc.
Re:
Millstone Nuclear Power Station, Unit 3 Docket No. 50-423-LA-3 Administrative Judges:
On March 6, 2002, the Atomic Safety and Licensing Board ("Licensing Board")
issued its Memorandum and Order (Telephone Conference Call, 2/28/02) granting the February 21, 2002, Dominion Nuclear Connecticut ("DNC") Emergency Motion to Compel Answers to Interrogatories and Production of Documents. The Licensing Board directed the Intervenors in this matter to file responses to DNC's discovery requests by March 7, 2002.
DNC has received the Intervenors "discovery response" dated March 7, 2002.
Even the most casual perusal of this document reveals it to be almost completely non-responsive.
The Intervenors reveal little of their "case" in this Subpart K proceeding, and object to interrogatories that are, quite clearly, directly on point with respect to the reopened issue under Contention 4. If nothing else, the responses suggest that the Intervenors will have little, if anything, of technical merit to offer to the Licensing Board on the reopened issue.
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"WINSTON & STRAW¥N Administrative Judges March 13, 2002 Page 2 in view of the schedule already set in this matter, and DNC's clear interest in a prompt resolution to the remaining issue before the Licensing Board, DNC will not engage in further procedural wrangling that would be unlikely to elicit any information of technical value.
DNC will not be filing a motion to compel further responses. Likewise, and for similar reasons, DNC will not move for sanctions at this time. Nonetheless, this letter is to make the record clear that DNC considers the Intervenors' discovery response inadequate.
In addition, DNC does reserve the right to object to and move to strike any "evidence" offered by the Intervenors in this case in its Subpart K filing next week or at oral argument that is new information not adequately described in the March 7 discovery response.
In a Subpart K proceeding, where the parties' written summaries and sworn testimony are filed simultaneously, good faith disclosure is essential to the development of a complete record. The Licensing Board should not tolerate any situation where the Intervenors in effect create a gap in the record due to their own lack of responsiveness.
Sincerely, David A. Repka Counsel for Dominion Nuclear Connecticut, Inc.
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Service List 251142.1