ML19211C422
| ML19211C422 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 01/02/1980 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8001110335 | |
| Download: ML19211C422 (5) | |
Text
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01/02/80 UNITED STATES OF AMERICA s
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC fAFETY AND LICENSING BOARD
- n the Matter of
)
)
PENNSYLVANIA POWER AND LIGHT CO.
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Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC.
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50-388
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(Susquehanna Steam Electric Station,
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Units 1 and 2)
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NRC STAFF'S ANSWER TO CAND MOTIONS On December 17, 1979, the Staff received a filing entitled " Citizens Against Nuclear Dangers Petition for a Government Inquiry; Replies to Discovery Order; Motions on Interrogatories before the Licensing Board."
The filing includes a motion to amend an earlier motion, a motion for subpoenas and a motion for a special prehearing conference.
All should be denied for reasons discussed below.
In that portion of its filing labelled " Forward" CAND, claiming that it inadvertently omitted the inclusion of Applicants in its October 9 motion for a protective order, seeks to amend that motion to include the Applicants.
This Board, in its Memorandum and Order on Discovery Motions (II) dated October 30, 1979, took an overview of the discovery situation (Order at 5) instead of dealing separately with the various motions. Therefore, it dealt with CAND's
_1) Tht. filing also includes a petition directed to the United States Senators from the Commonwealth of Pennsylvania. No action on that petition is requested of the Licensing Board.
Filing at Part I.
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i objections to discovery as if they applied to the discovery requests of both the Staff and the Applicants. For that reason, and because CAND neither purports to advance nor advances any new grounds for its October 9 motion,CAND's motion to amend its October 9 motion should be denied.
In Part II of its filing CAND moves the Board to subpoena "... appropriate qualified government officials at the state and federal level who have expert knowledge of these matters in the course of their government service" and have them answer "... every applicable specific discovery question formulated by the NRC Staff and the Applicants." CAND requests that the Board " inter-view" such persons "... at government expense of course..."
In addition, CAND moves the Boarc to convene "a special prehearing conference on this subject at Wilkes-Barre, Pa. or Benfick, Pa. in January or February,1980, to arrange the detail; for the taking of depositions, and setting the guidelines, etc."
As this Board explained in its Memorandum and Order on Discovery Motions (I),
... the purpose of discovery is to enable each party prior to hearing to become aware of the positions of each adversary party on the various issues in controversy, and the infonnation available to adversary parties to support those positions." Order at 5-6.
In addition, as the Board pointed out in both of its memoranda and orders on discovery motions, "... an intervenor is not required to engage in extended research to answer questions and may, if it is true, state that it has no knowledge of a given subject or that it 2 is in the process of developing such knowledge." Order I at 8 and Order II at 19.
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In its sound discretion, this Board may, at public expense, subpoena witnesses whom an Intervenor would have called but for financial considerations.
However, it may do so only "where it finds a genuine need for their testimony"
- * * "to hear evidence which a Board deems relevant and important for the resolution of a significant contested issue."S It is improper for a Board to subpoena at public expense numerous unnamed persons at the behest of an Inter-venor on the chance that they may provide relevant testimony.S For these reasons the motions to subpoena government officials and to schedule a pre-hearing conference to arrange for the taking of their depositions should be denied.
Respectfully submitt d, o
r.
N I-W T
James M. Cutchin, IV Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of January,1980 E
Consumers Power Company (Midland Plant Units 1 and 2), ALAB-382, 5 NRC 603, 607-608 (1977).
S Id. at 608.
It is further noted that to the extent CAND wishes various RiiC employees to be subpoenaed, the procedures in 10 CFR 2.720(h)(2)(ii) apply. See 10 CFR 2.740a(j); Connonwealth Edison Co. (Zion Station, Units 1 & 2), ALAB-226, 8 AEC 381, 391-92 (1974).
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UlilTED STATES OF AMERICA NUCLEAR 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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Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC.
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50-388 (Susquehanna Steam Electric Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO CAND MOTIONS" in the above-captioned proceedina 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 Comission's internal mail system, this 2nd day of January,1980:
.9 Charles Bechhoefer, Esq., Chairman
- Dr. Judith H. Johnsrud Atomic Safety and Licensing Co-Director Board Panel Environmental Coalition on U.S. Nuclear Regulatory Commission Nuclear Power Washington, D.C.
20555 433 Orlando Avenue State College, PA 16801 Mr. Glenn 0. Bright
- Atomic Safety and Licensing Mr. Thomas M. Gerusky, Director Board Panel Bureau of Radiation Protection U.S. Nuclear Regulatory Comission Department of Environmental Washington, D.C.
20555 Resources Commonwealth of Pennsylvania Dr. Oscar H. Paris
- P.O. Box 2063 Atomic Safety and Licensing Harrisburg, PA 17120 Board Panel U.S. Nuclear Regulatory Commission Ms. Colleen Marsh Washington, D.C.
20555 Box 538A, RD#4 Mountain Top, PA 18707 Jay Silberg, Esq.
Shaw, Pittman, Potts and Mrs. Irene Lemanowicz, Chairperson Trowbridge The Citizens Against Nuclear 1800 M Street, N.W.
Dangers Washington, D.C.
20036 P.O. Box 377 RD#1 Berwick, PA 18503 1
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Le.
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, i Susquehanna Environmental Atomic Safety and Licensing Advocates Board Panel
- c/o Gerald Schultz, Esq.
U.S. Nuclear Regulatory Commission 500 South River Street Washington, D.C.
20555 Wilkes-Barre, PA 18702 Docketing and Service Section*
Atomic Safety and Licensing Office of the Secretary t'
Appeal Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Bryan A. Snapp, Esq.
Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 Mr. Robert M. Gallo Resident Inspector P.O. Box 52 L
Shickshinny, PA 18655 i
A o
stephe/M.Schinki Counsel for NRC Staff
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