ML17138B071
| ML17138B071 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 02/12/1980 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002140672 | |
| Download: ML17138B071 (16) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION:
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 2/12/86 In the Matter of
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PENNSYLVANIA POWER AND LIGHT CO.
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ALLEGHENY ELECTRIC COOPERATIVE, INC.
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(Susquehanna Steam Electric Station,
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Units 1
and 2)
Docket Nos. 50-387 50-388 NRC STAFF'S ANSWER IN OPPOSITION TO SEA MOTION FOR PROTECTIVE ORDER On January 29, 1980, the Staff received a filing entitled "Answers to NRC Staff's First Round Discovery Requests and Motion for Protective Order of Intervenor Susquehanna Environmental Advocates (SEA)." The filing consisted 1/
of partial answers to the Staff's interrogatories on Board Contentions 3 and 4
and a motion for a protective order denying the Staff the discovery sought by its interrogatories on Hoard Contention l.
As grounds for its request, SEA cites general reasons similar to those cited in its previous motions for extensions of time and protective orders.
The filing was not dated but was accompanied by a certificate of service that was dated merely January 1980.
However, the envelope in which the filing was received was postmarked January 24, 1980.
Thus by the terms of the Licensing Board's Memorandum and Order on Discover Motions II dated October 30,
- 1979, as modified by its Order Den in Re uests of ECNP dated December 6, 1979, the Intervenor's responses are untimely filed=.
- Also, the Staff's interrogatories were not answered under oath or affirmation or even signed'by the person making them, as required by 10 C.F.R. 2.740b(b).
See generally:
SEA Motions dated July 5 and September 12, 1979..
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80083 40
The Board in ruling on those motions found such generalized reasons to be insufficient.
For that reason alone the instant motion should be denied.
- Moreover, SEA does not need a protective order.
SEA indicates that it does not have the resources to collect the information necessary for it to respond to these interrogatories.
This reason makes it apparent that SEA presently does not have the information sought by the Staff's interrogatories.
As the Board has pointed out:
In responding to discovery requests, a party is not required to engage in 'extensive research.
It need only reveal information in its possession or control.
Assuming truthfulness of the statement, lack of know-ledge is always an adequate response.
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However, if SEA should obtain information relevant to this issue, it is obliged
~5 seasonably to amend its responses to these interrogatories.
Thus, for all of the reasons above the SEA motion for a protective order should be denied.
Respectfully submitted, Dated at Bethesda,
- Maryland, this 12th day of February, 1980.
James M. Cutchin, IV Counsel for NRC Staff Memorandum and Order on Sch'edulin and Discover Motions (I and II dated August 24 and October 30, 1979 at 14 and 6, respectively.
Memorandum and Order on Schedulin and Discover Motions I
dated August 24, 4/
1979 at 8.
UNITED'STATES OF AMERICA
'UCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PENNSYLVANIA POWER AND LIGHT-CO.
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ALLEGHENY ELECTRIC COOPERATIVE, INC.
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(Susquehanna Steam Electric Station,
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Units 1 and 2)
Docket Nos. 50-387 50-388 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER IN OPPOSITION TO SEA MOTION FOR PROTECTIVE ORDER" 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 by deposi,t in the Nuclear Regulatory Commission internal mail system, this 12th day of February," 1980:
. 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. Pari s*
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 Coa1ition on Nuclear Power 433 Orlando Avenue:
State College, PA 16801 Mr. Thomas M. Geruslg, Director Bureau of Radiation Protection "
Department of Environmental Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, PA 17120 Ms. Colleen Marsh Box 538A, RD84 Mountain Top, PA 18707 Mrs. Irene Lemanowicz, Chairperson The Citizens Agai nst Nuclear Dangers P.O.
Box 377 RDP.l
- 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 Regu1atory Commission Washington, D.C.
20555 Atomic Safety. and LTcensing Board Panel*
U.S. Nuclear Regulatory Comnission.
Washington,.D.C..
20555 Docketing and Service.Section*
Office of the Secretary U.S. Nuclear Regulatory Commission rWashington, 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; IY Counsel for NRC Staff
P.
O.
Box 1$$
Stockertown PA 18083 February 8, 1980 Samuel Chilk, Secretary U.S. Nuclear Regulatory Commission
'Yashington DC 20555
Dear Mr. Chilk:
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<inc Ie would like to make a joint limited appearance statement at the licensing hearings concerning PPSL' Sesquehanna Steam Electric Station.
The Docket numbers are 50-$ 87 and 50-$ 88.
Due to the fact that we both work, we request that a time be allocated either in the evenings or on
,weekends for us and anyone else who shares our concerns.
Please notify us of the time and place of the hearing s.
Thank you, Robert 'P. "
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Samual Chilk, Secretary U.S. Nuclear Regulatory Commission Washington,D.C.,
20555 Nr. Chilk,
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am writing to request'ime to make a Limited Appearance Statement at the licensing hearing's for ( 1~~~ o~
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hearings will take place, and when I will be able to speak.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO?1HISSION In the Matter of PENNSYLVANIA POWER AND LIGHT
'OMPANY (Susquehanna Steam Electric Station,'Units 1 and 2)
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Docket No.(s) 50-387'0-388 CERTIFICATE OF SERVICE I hereby certi.fy that I have this day served the foregoing document(s) upon each person designated on the official service list compiled by
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the Office of the Secretary'f the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
. Dated at Washington, D.C. this day of Af Offic f the Secretary of the Co ission
UNITED STATES OF A1KRICA NUCLEAR REGULATORY COMMISSION Zn the Matter of
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SERVICE LIST 1 Docket No.(s) 50 387 50-388 (Susquehanna Steam Electric Station, Units 1 and 2)
PENNSYLVANIA POWER AND LIGHT COMPANY, ET AL.
Charles Bechhoefer,'sq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr.,Glenn O. Bright Atomic Safety and Licensing Board
,U.S.Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Oscar H. Paris Atomic Safety and Licensing 'Board U.S.. Nuclear Regulatory Commission Washington, D.C.
20555 I
Counsel for NRC Staff Office of the Executive Legal Direc'tor U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jay'E.
- Silberg, Esq.
Shaw, Pittman, Potts
& Trowbridge 1800 "MY Street, N:W.
Washington, D.C.
20036 Pennsylvania Power and Light Company ATTN:
Mr. Norman"W. Curtis Vice President Engineering and Construction
.2 North Ninth Street.
Allentown,'ennsylvania 18101 Dr. Judith H. Johnsrud Co. Director, Envi.ronmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvani.a 16801 Ms. Colleen Marsh 558A R.D.
P4 Mount Top, Pennsylvania 18707 Mr.
Thomas J. Halligan Correspondent -
CAND P.O.
Box 5
Sacranton, Pennsylvania 1'8501 Gerald Schultz, Esq.
Susquehanna Environmental Advocates 174 Machell Avenue Dallas, Pennsylvania 18612 Mr. Thomas M. Gerusky,'irector Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, Pennsylvania 17120
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fg Samual Chilk, Secretary U.S. Nuclear Regulatory Commission Washington,D.C.,
20555 Nr. Chilk, I am writing to request time to maze a Limited Appearance Statemen at the licensing hear ng's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania.
Please inform me when and where these hearings will take place, and when I will be able to speak.
Thank You,
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0 THEOOOR E R. LAPUTKA KENNETH R. BAYLESS BARTEL K.KCKKR MARTIN O. COHN 8 R U C K S. M I I'.LE R BART E. ECKER THEOOORE R, LAPUTKA,JR.
LAWRENCE B.COHN CHARLES R.PEORI LAW OFFICES OF LAPUTKA,BAYLESS, ECKER B COHN A PROFESSIONAL CORPORATION February 8, l980 SIXTH rI.DDR CITIZENS SANK SUILDINQ HAZLETON,PENNSYLVANIAI82OI 455 AT3I ARCA CDDC Tlt
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Samuel Chilk, Secretary U.
S. Nuclear Regulatory Commission Washington, D. C.
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I am writing to request time to make a limited appearance statement at the Licensing Hearings for Pennsylvania Power 6 Light's nuclear plant near Berwick, Pennsylvania.
Please inform me when and where these hearings will take place and when l will be able to speak.
Very truly yours, LAPUTKA, BAYLESSr ECKER
& COHN, P.C.
BSM:mlo Bruce S. Miller 4
Samual Chilk, Secretary U.S. Nuclear 'Regulatory Commission
'Nashington,D.C.,
20555 Nr, Chilk, I am writing to reouest time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania.
Please inform me when and where these hearings will take place, and when I will be able to speak.
Thank You,
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