ML17138A887
| ML17138A887 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 10/01/1979 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7910310023 | |
| Download: ML17138A887 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ij BEFORE THE ATOMIC" SAFETY AND LICENSING BOARD 10/01/79
~
l In the Matter of
)
PENNSYLVANIA POWER AND LIGHT CO.
)
ALLEGHENY ELECTRIC COOPERATIVE, INC.
)
)
(Susquehanna Steam Electric Station,
)
Units 1 and 2)
Docket Nos.
50-387 P
NRC STAFF ANSWER IN OPPOSITION TO SEA MOTION FOR EXTENSION OF TIME TO ANSWER OR OBJECT TO FIRST ROUND INTERROGATORIES By motion dated September 12, 1979, Intervenor Susouehanna Environmental Advocates (SEA) asks this Board to grant it an extension of time of 180 days to answer or I
object to the first round interrogatories of the Applicant and the NRC Staff.
For the reasons set forth below the flRC Staff opposes the SEA motion.
Under 10 CFR 2.732 of the Commission's Rules of Practice, the moving party, here SEA, has the burden of proving that its motion should be granted.
As "good cause" for granting its request, SEA claims that fourteen (14) days is insufficient time for SEA to prepare its answers or objections and that SEA has not had access to a copy of the prehearing conference transcript outside the local public document room.
SEA states that it would take a full-time staff--including an attorney, radiation physicist and engineer at least six months to adequately answer or object to the Staff's interrogatories.
Motion at 1.
- However, as the Licensing Board made clear in its Memorandum and Order dated August 24, 1979 (Order),
a party need only reveal information in its possession and control.
It is not required to engage in extensive independent research.
Assuming that the statement is
- true, a party may always say that it doesn't know.
Order at 8.
More than four months have already elapsed since the Staff's interrogatories were served on May 21, 1979.
The Staff believes that SEA. has had more than enough time to answer the Staff's interrogatories seeking to determine the factual bases, if any, for the allegations advanced by SEA in support of its cont'entions at the time the contentions were filed.
Although it may not at present be able to I
answer the Staff's interrogatories seeking the identities and addresses of persons to be called by SEA as expert witnesses, the substance of their testimony, and the identificatiqn and production of documents to be used by SEA in examining and cross-examining witnesses, it is required to say so in its response.
The Board has pointed out a party's duty to update its responses to that type of discovery request and has ordered such updating at least sixty (60) days in advance of the scheduled hearing date.
Order at 15.
SEA also states that it has not had access to a copy of the prehearing conference transcript outside the local public document room.
It is not clear to the Staff that SEA has been handicapped in preparing its responses to the Staff's discovery requests by having had access to the transcript of the prehearing conference
/, s, only inside rather than outside the local public document room.
The Staff fails to see how inf6rmation in that transcript is needed by SEA to answer interrogatories seeking to determine the factual bases, if any, for SEA's con-
- tentions, the identities and addresses of persons to be called by SEA as expert witnesses and the substance of their testimony, and the idenf:ification and production of documents to be used by SEA in examining and cross-examining witnesses.
Since SEA has failed to provide information tending to show that the allegations in support of its motion are true, and in the case of the second allegation, that, if it is true, SEA has been unduly handicapped in its ability to answer the Staff's interrogatories, SEA has failed to carry its burden.~ll The Staff submits that for the reasons stated above SEA has not shown good cause for its requested extension of time and that its motion for a 180-day extension of time should be 'denied.
However, the Staff wou'ld not object to a further extension of an additional. fourteen-(14) days to permit SEA to file a reply to the Staff's discovery requests.
Respectfully submitted, James M. Cutchin, IV Counsel for NRC Staff Dated at Bethesda, Maryland this 1st day of October, 1979
~See:
Consolidated Edison Com an of New York, Inc.
( Indian Point Station, Units 1, 2 and 3, CLI-77-2, 5
NRC 13, 14 (1975
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION I
~ ~
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PENNSYLVANIA POWER AND LIGHT CO.
, ALLEGHENY ELECTRIC COOPERATIVE, INC.
(Susquehanna Steam Electric Station, Units 1 and 2)
)
Docket Nos.
50-387
)
50-388
)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER IN OPPOSITION TO SEA MOTION FOR EXTENSION OF TIME TO ANSWER OR OBJECT TO FIRST ROUND. INTER-ROGATORIES" 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'n the Nuclear Regulatory Comnission's internal mail system, this 1st day of October, 1979:
Charles Bechhoefer, Esq.,
Chairman*
Atomic Safety and Licensing
~Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn 0. Bright*
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Oscar H. Paris*
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jay Silberg, Esq.
- Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 Dr. Judith H. Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, PA 16801 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, PA 17120 Ms. Colleen Marsh Box 538A, RD//4 Mountain Top, PA 18707 Mrs. Irene Lemanowicz, Chairperson The Citizens-Against Nuclear Dangers P.O.
Box 377 RDgl
- Berwick, PA 18503 Susquehanna Environmental Advocates c/o Gerald Schultz, Esq.
500 South River Street Wilkes-Barre, PA 18702 Atomic Safety and Licensing Appeal Board Panel*
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel*
U.S. Nuclear Regulatory Coomission Washington, D.C.
20555 Docketing and Service Section*
Offi ce of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Bryan A. Snapp, Esq.
Pennsylvania Power 8 Light Company Two North Ninth Street Allentown, PA 18101 Mr. Robert M. Gallo
. Resident Inspector P.O'.
Box 52 Shickshinny, PA 18655 James M. Cutchin, IV Counsel for NRC Staff