ML19208D618

Motion to Quash Applicants Subpoena Served on D Blanch.Party Served Has Shown Unwillingness to Participate as Witness. If Subpoena Is Not Quashed,Terms Mod Re Time of Deposition Is Requested.Certificate of Svc Encl

ML19208D618
Person / Time
Site:	Zimmer
Issue date:	07/24/1979
From:	Kosik L KOSIK, L. S., MIAMI VALLEY POWER PROJECT
To:
References
NUDOCS 7909290066
Download: ML19208D618 (3)

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RET.ATF.D CORiiESPONDENCH

! S ogyl g@TI UNITED STATES OF ALERICA g7,3h3 N NUCI. EAR RERIATORY OCt21ISSION ,s . jN 3 c-%y .

'o g In the Matter of  : <d y The Cincinnati Gas & Electric . Docket No. SC-358 Carpany, et al.  :

(th. H. Zi:nner Nuclear Station)  :

MIAMI VALIEl POWER PPOJECT'S 3X7 TION 'IO QUASH APPLICANT'S SUEpEONA 'IO DONALD BLANCH Miami Valley Power project hereby moves the Atanic Safety and Licensing Board to quash the subpoena served upon Donald Blanch by Applicants. Donald Blanch has recently shown an unwillingness to participate in the intervention process as a witness. MVpP will not subpoena him to testify on its behalf in its presentation of evidence relating to Contention 14. Thus, there will be no basis for Applicants to cross examine Mr. Blanch. For the above reasons it will be unnecessary for Applicants to depose Mr. Blanch and the subpoena should be quashed.

In the alternative, if.the Board will not quash the subpoena, MVpp moves the Board for a modification of the terms of the subpoena relating to the time set for the deposition. 3.'Vpp moves that the subpoena require Mr. Blanc'h to appear for the deposition no earlier than 6:30 P.M. for the reasons that he is obligated to be present at his place of enplognent during the hours now set for the deposition.

The right to intervene is the right of the public to express its cpinions and present its evidence to the Scard regarding the ccmpliance of a nuclear power plant to the applicable regulations. Repeated 1'/ these proceedings have been carried en without any consideration on behalf of the Scard for the needs of intervenors regarding the necessity of earning a living. The right to intervene is meaningless if it is carried out in such a way as to make it

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impossible or unduly burdensane for mmbers of the public to participate in the intervention by requiring that they be away fran their place of eplopent.

Mr. Blanch has a large family to support and carc.ot afford to be away fran his place of sployment for the deposition by Applicats on July 26, 1979 at 9:00 A.M.

• For the above reasons MVpp moves to quash the subpoena or in the alternative to modify it as set out.

Respectfully suhnitted, de d1 MM Leah S. Kosik July 24, 1979 Attorney for MVpP 1055 089-

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g UNITED STATES OF .U.! ERICA d 4 9

NUCIIAR REGULATORY Cf.B!ISSION ..$ 3DL '? \SI0? 7 a S s  ::-;%,$

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In the Matter of )

The Cincinnati Gas & Electric ) Docket No. 50-358 Carpany, et al. )

(Mn. H. Zinmer Nuclear Station) )

NIFICATE OF SERVICE I hereby certify that copies of the above Motion to Quash Applicant's Subpeona to Donald Blanch have been sent to all parties listed on the Certificate of Service list.

MIAMI VALIfl FCWER PROJECT de bd BY:Leah S. Kosik, Counsel Miami Valley Power Project July 24, 1979 1055 090