ML19208C388
| ML19208C388 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 08/23/1979 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7909260190 | |
| Download: ML19208C388 (3) | |
Text
August 23, 1979 p$2;
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3 IINITED STATES OF AMERICA J'/
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NUCLEAR REGULATORY COM!11SSION
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4 aa Y cd d BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f>,
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4v In the Matter of DETROIT EDIS0N COMPANY Docket No. 50-341 d
(Enrico Fenni Atomic Power D] ant,
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Uni t,2)
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HRC STAFF ANSWER TO CEE'S REQUEST FOR CLARIFICATION OF DISCOVERY AND HEARING SCHEDULE In its August 2,1979 response to the Applicant's July 19, 1979 Motion for Summary Disposition, Citizens for Employment and Energy (CEE) requested the Board to review the hearing schedule previously promulgated by the Board in its Order dated March 21, 19 79.E CEE seeks a revision in the hearing schedule pennitting additional time for submission of first-round discovery requests _/ based on the Applicant's recent announcement that the projected 2
fuel' loading date for Fenni, Unit 2 is now scheduled for May 1981.
While it is true that the fuel load date for Fermi, Unit 2 has been delayed and that the Board's discovery schedule was based, in part, upon the accommodation of an earlier fuel load date, the Staff believes that, the changed fuel loading date alone does not justify the requested extension.
If In a letter to the Board dated August 8,1979, Staff Counsel advised the Board that the Staff construed CEE's request as a motion and would respond to it in the time provided by the Commission's Rules of Practice.
2_/
The specific extension requested by CEE was indicated during a telephone conference on August 10, 1979 between CEE's representative, David E. Howell, and Staff Counsel. Applicant's Counsel was subsequently provided this infor-mation. CEE requests that items 2 and 3 of the Board's schedule in its March 21,1979 Order be changed to read as follows:
2.
Last date for submission of first-round discovery requests October 1,1979 3.
Responses to first-round discovery requests November 1,1979
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7909260Mo 1008 345
. The schedule established by the Board, which allowed over two months for submission of first round discovery requests (from March 21,1979 to May 25, 1979) and mer a month for responses to those requests (from May 25 to June 29,1979), is reasonable regardless of the prospective fuel load date for this facility.
Both the Staff and Applicant filed their first-round requests within this specified period.
CEE, however, chose to ignore this discovery period and now, wer four months af ter commencement of that dis-covery period, is requesting an extension without stating a single reason for its tailure to submit first-round discovery requests or file a timely request for an extension.E Absent this good cause showing, the NRC Staff urges that CEE's request be denied.
The NRC Staff notes that the present discovery schedule does allow CEE to file discovery requests within thirty (30) days of service of newly issued documents, including the Staff SER.
For the reasons stated above CEE's request should be denied.
Respectfully submitted, L
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n :t x enry/d. McGurren Counsel for NRC Staff Dated at Bethesda, Maryland this 23rd day of August, 1979 3/
Tne only matter referenced by CEE which might serve as justification for additional time to prepare discovery is the allegation that there are a large number of documents relevant to Contention 4.
Howeve r, no discussion is provided why there was not sufficient time allowed by the discovery schedule to review these documents or why a request for an extension of the discovery schedule could not have been timely filed prior to May 25, 1979.
1008 A7
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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DETROIT EDISON COMPANY
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Docket No. 50-341
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(Enrico Fermi Atomic Power Plant,
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Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO CEE'S REQUEST FOR CLARIFICATION OF DISCOVERY AND HEARING SCHEDULE" 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 23rd day of August, 1979:
Charles Bechhoefer, Esq., Chairman
- Peter A. Marquardt, Esq.
Atomic Safety and Licensing Board The Detroit Edison U.S. Nuclear Regulatory Commission 2000 Sccond Avenue Washington, DC 20555 Detroit MI 48226 Mr. Frederick J. Shon, Member
- Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. David R. Schink Atomic Safety and Licensing Appeal Department of Oceanography Panci (5)*
Texas A & M University U.S. Nuclear Regulatory Commiss an College Station, TX 77840 Washington, DC 20555 Eugene B. Thomas, Jr., Esq.
Docketing and Service Section (4)*
LeBoeuf, Lamb, Leiby & MacRae Office of the Secretary 1333 New Hampshire Avenue, N.W.
U.S. Nucelar Regulatory Commission Suite 1100 Washington, DC 20555 Washington, DC 20036 Mr. David E. Howell 21916 John R Hazel Park, MI 48030
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Henrf J. McCurren Counsel for NRC Staff 10108 347
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