ML18045A233
| ML18045A233 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 06/05/1980 |
| From: | Murphy P ISHAM, LINCOLN & BEALE |
| To: | Smith I Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006160123 | |
| Download: ML18045A233 (4) | |
Text
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CO~:SPQNDENCE ISHAM, LINCOLN & BEALE COUNSELORS AT LAW ONE FIRST NATIONAL PLAZA FORTY-SECOND FLOOR CHICAGO, ILLINOIS 60603 TELEPHONE 312-S58-7500 TELEX: 2-5288 WASHINGTON OFFICE 1120 CONNECTICUT AVENUE, N. W.
SUITE 32S June 5, 1980 WASHINGTON, D. C. 20036 202-833-9730 Honorable Ivan w. Smith Administrative Law Judge Atomic Safety and Licensing Board united States Nuclear Regulatory Commission Washington, D.C.
20555 Re:
In the Matter of Consumers Power Company
(.Palisades Nuclear Power Facility)
Docket No. 50-255 License No. DPR-20
Dear Judge Smith:
During the conference call of May 30, 1980, Licensee and the NRC Staff agreed to hold additional discussion on the nature of certain physical tests now being performed by Licensee to determine if it would be beneficial to await the results of those tests prior to pursuing discovery in this proceeding.* The Staff wished to assure itself that the tests were such that they were likely to result in useful information and to assess the time frame within which the test results were likely to be available.
Licensee's technical people estimate that a minimum of six to eight weeks will be needed to collect and analyze the test data.
Based primarily on this time estimate, the Staff believes that it would be better to pursue such discovery as can be completed while the tests are being performed.
Lic~psee and the NRC Staff have reached a mutually-acceptable schedule for the comple-tion of pending discovery, which is reflected in the enclosed Agreed Order On Discovery.
The Agreed Order and this letter have been reviewed and approved by the Staff. If this schedule is acceptable to you, we request that you enter an order approving it.
Respectfully submitted,
£tCffi. {);'20,w L/}
Paul M. Murphy -.., I *vf One of the Attorneys for Consumers Power Company PMM/sag Enclosure cc w/enc.:
All parties on attached service list so 06160 I :1.3.;
Honorable Ivan w. Smith Administrative Law Judge Atomic Safety and Licensing Board u.s. Nuclear Regulatory Commission Washington, D.C.
20555 James P. Murray, Esq.
Director and Chief Counsel Rulemaking and Enforcement Division Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 James Lieberman, Esq.
U.S. Nuclear Regulatory Commission Office of Executive Legal Director Washington, ri.c.
20555 Stephen G. Burns, Esq.
U.S. Nuclear Regulatory Commission Off ice of Executive Legal Director Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel U.S~ Nuclear Regulatory Commission Washington, D.C.
20555 Judd L. Bacon, Esq.
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
)
)
CONSUMERS POWER COMPANY
)
(Palisades Nuclear Power Facility} )
AGREED ORDER ON DISCOVERY A telephone conference was conducted on May 30, 1980, among counsel for consumers Power Company ("Licensee"),
counsel for the NRC Staff and myself to discuss the timing and conduct of discovery.
Licensee and the NRC Staff were then exploring the possibility of holding all discovery in abeyance pending the completion by Licensee of certain physical tests designed to gather information relevant to this proceeding.
The NRC Staff stated that it wished to know more about the tests prior to agreeing to any postpone-ment on discovery.
On June 2, 1980, I issued an Order sus-pending pending discovery matters at the request of the parties until further order.
The parties have since informed me that, based on additional discussions, they now believe that discovery should proceed notwithstanding the completion of the physi-cal tests.
The results of Licensee's tests may not be available for two months.
The Staff believes that it will be useful to exchange and evaluate relevant information now available while the tests are being performed.
Based on the
agreement reached by the NRC Staff and Licensee, it is hereby ordered that the following schedule govern the now pending discovery:
- 1.
Licensee is granted until June 13, 1980, to file a sup-plement to its "Motion To Compel," dated May 14, 1980.
The time,.pursuant to 10 CFR §2.730(c), within which the NRC Staff may file its response to the Motion To Compel, and any supplement thereto filed by Licensee, shall begin to run upon the filing of Licensee's supple-ment.
- 2.
Licensee shall respond to discovery initiated by the NRC Staff on June 23, 1980.
DATED:
June
' 1980 By
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Administrative Law Judge