ML18044A926

Concurs W/Nrc 800401 Status Rept Re Civil Penalty Proceeding Against Cpc.Motion to Compel Discovery Will Not Be Filed Until NRC Responses Are Received.Urges NRC to Consult W/Cpc for Purpose of Filing One Monthly Status Rept

ML18044A926
Person / Time
Site:	Palisades
Issue date:	04/14/1980
From:	Murphy P ISHAM, LINCOLN & BEALE
To:	Smith I Atomic Safety and Licensing Board Panel
References
NUDOCS 8005210669
Download: ML18044A926 (3)

Text

ISHAM, LINCOLN & BEALE COUNSELORS AT LAW ONE FIRST NATIONAL PLAZA FORTY-SECOND FLOOR CHICAGO, ILLINOIS 60603 TELEPHONE 312-558-7500 TELEX: 2-5288 WASHINGTON OFFICE 1120 COf'!NECTICUT AVENUE. N. W.

SUITE 32S WASHINGTON, D. C. 20036 202-833-9730 April 14, 1980 Honorable Ivan W. Smith Administrative Law Judge Atomic Safety and Licensing Board United States Nuclear Regulatory Commission Washington, D.C. 20555 Re: Docket N9'~~~;~License No.

ConsumerS--Power Company (Palisades Nuclear Power Facility)

Civil Penalty Proceedings

Dear Judge Smith:

We have reviewed the "NRC Staff's Status Report Concerning Civil Penalties Proceedings Against Consumers Power Company," dated April 1, 1980, and agree that the status of this proceeding is as reported therein. We would add only that, altho'ugh the Staff has objected to certain interrogatories and,requests for production of documents initiated by Consumers Power Company, as of the date of this letter certain materials which the Staff indicated would be mailed on April 11, 1980, have not yet reached us. It is our intention to not file a motion to compel discovery pur-suant to 10 CFR §2.740(f) until we have received all responses from the Staff. This will permit us to seek a ruling from the ALJ only with respect to materials which we still believe we need after reviewing all of the materials the Staff pro-vides voluntarily (see letter from M. I. Miller to J. P. Mur-ray dated April 1, 1980).

The NRC Staff's status report seems to have been filed based on the assumption that the ALJ's Order of Febru-ary 29, 1980, contemplated separate status reports from each party, inasmuch as the Staff did not consult with Consumers Power prior to filing the report. We interpret the ALJ's Order as requiring a single status report from all parties.

We, therefore, urge the Staff to consult with Conslli~ers Power prior to April 30, 1980, for the purpose of drafting a 8 0 0*5 21 06 6 9

Hon. Ivan w. Smith April 14, 1980 Page Two single monthly report reflecting the views of both parties.

Such a procedure would serve to keep the ALJ informed on a current basis and could avoid unnecessary misunderstandings over the content of separate status reports. Unless the ALJ or the Staff informs us of. their disagreement with this procedure, we will contact the Staff later this month to discuss a mutually agreeable statement of the status of this case.

Respectfull~ submitted,

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Honorable Ivan W. Smith Administrative Law Judge Atomic Safety and Licensing

• Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 James P. Murray, Esq.

Atomic Safety and Licensing Director and Chief Counsel Appeal Board Panel Rulernaking and Enforcement Division U.S~ Nuclear Regulatory Commission Office of Executive Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 James Lieberman, Esq. Judd L. Bacon, Esq.

U.S. Nuclear Regulatory Commission Consumers Power Company Office of Executive Legal Director 212 West Michigan Avenue Washington, D.C. 20555 Jackson, Michigan 49201 Stephen G. Burns, Esq. . .

u.s. Nuclear Regulatory Commission Office of Executive Legal Director Washington, D.C. 20555 Docketing and Service Section Off ice of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555