ML13302B952
| ML13302B952 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 03/09/1981 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8103110328 | |
| Download: ML13302B952 (4) | |
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I.
w UNITED STATES OF AMERICA 9
NUCLEAR REGULATORY COMMISSION a
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
SOUTHERN CALIFORNIA EDISON COMPANY,
)
Docket Nos.(
)
5-362 OL (San Onofre Nuclear Generating Station, )
Units 2 and 3)
NRC STAFF'S ANSWER IN SUPPORT OF APPLICANTS' MOTION TO COMPEL On February 17, 1981, Applicants filed a "Motion to Compel Further Answers to Interogatories" and "Memorandum of Points and Authorities in Support of Motion to Compel Further Answers to Interrogatories" (collectively, "Motion"). Briefly stated, Applicants assert that Intervenor Friends of the Earth, et al. (FOE) failed to respond or responded evasively or incompletely to a number of interrogatories propounded by Applicants on November 24, 1980.
The NRC Staff believes, upon review of Intervenor FOE's responses to Applicants' interrogatories of November 24, 1980, that Applicants' position is well founded and, accordingly, the Staff supports Applicants' Motion.
In addition, the Staff would note that FOE's responses generally fail to conform to the requirements of 10 CFR §2.740b with respect to the requirement that they be filed under oath or affirmation. In particular, 10 CFR §2.740b(b) requires, in relevant part, that:
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"(b) Each interrogatory shall be answered separately and fully in writing under oath or affirmation, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers shall be signed by the person making them, and the objections by the attorney making them...."
It is thus clear that the oath or affirmation required is that of the person providing and signing the answer to the interrogatory, not counsel for that responding party.
In short, each of FOE's responses should have been signed under oath or affirmation of the person providing the answer, not by counsel for FOE.
Respe tfully submitted, Lawrence J. Chaner Deputy Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this 9th day of March, 1981
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
SOUTHERN CALIFORNIA EDISON COMPANY,
) Docket Nos. 50-361 OL ET AL.
)
50-362 OL (San Onofre Nuclear Generating Station, )
Units 2 and 3)
CERTIFICATE OF SERVICE I hereby certify that copies of, "NRC STAFF'S ANSWER IN SUPPORT OF APPLICANT'S MOTION TO COMPEL", dated March 9, 1981, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of March, 1981:
- Ivan W. Smith, Esq., Chairman, David R. Pigott, Esq.
Administrative Judge Samuel B. Casey, Esq.
Atomic Safety and Licensing Board John Hendez, Esq.
U.S. Nuclear Regulatory Commission Chickering & Gregory Washington, D.C. 20555 Three Embarcadero Center Twenty-Third Floor Dr. Cadet H. Hane, Jr.,
San Francisco, California 94111 Administrative Judge c/o Bodega Marine Laboratory Alan R. Watts, Esq.
University of California Rourke & Woodruff P. 0. Box 247 10555 North Main Street Bodega Bay, California 94923 Suite 1020 Santa Ana, California 92701
- Dr. Emmeth A. Luebke, Administrative Judge Richard J. Wharton, Esq.
Atomic Safety and Licensing Board University of San Diego School U.S. Nuclear Regulatory Commission of Law, Alcala Park Washington, D.C.
20555 San Diego, California 92110 Janice E. Kerr, Esq.
Mrs. Lyn Harris Hicks J. Calvin Simpson, Esq.
GUARD Lawrence Q. Garcia, Esq.
3908 Calle Ariana California Public Utilities Commission San Clemente, California 92672 5066 State Building San Francisco, California 94102
-2 Charles R. Kocher, Esq.
A. S. Carstens James A. Beoletto, Esq.
2071 Caminito Circulo Norte Southern California Edison Company Mt. La Jolla, California 92037 2244 Walnut Grove Avenue Rosemead, California 91770
- Atomic Safety and Licensing Appeal Board Panel David W. Gilman U.S. Nuclear Regulatory Commission Robert G. Lacy Washington, D.C.
20555 San Diego Gas & Electric Company P. 0. Box 1831
- Atomic Safety and Licensing Board San Diego, California 92112 Board U.S. Nuclear Regulatory Commission Phyllis M. Gallagher, Esq.
Washington, D.C. 20555 1695 West Crescent Avenue Suite 222
- Secretary Anaheim, California 92701 U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing & Service Br.
Washington, D.C. 20555 Lawrence handler Counsel for NRC Staff