ML19211D028

Motion for Dismissal of Intervenor Miami Valley Power Project Contention 13 Re Applicant Financial Qualifications. Intervenor Failed to Respond to 791121 Interrogatories. Certificate of Svc Encl

ML19211D028
Person / Time
Site:	Zimmer
Issue date:	01/08/1980
From:	Conner J, Conner T, Wetterhahn M CINCINNATI GAS & ELECTRIC CO., CONNER, MOORE & CORBER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001160142
Download: ML19211D028 (5)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

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

)

(Wm. H. Zimmer Nuclear Power )

Station) )

APPLICANT'S MOTION FOR DISMISSAL OF CONTENTION 13 Applicant in this proceeding, The Cincinnati Gas &

Electric Company, et al. , moves the Atomic Safety and Licensing Board (" Licensing Board") for dismissal of Contention 13 for failure of the Miami Valley Power Project ("MVPP") t ~. r e spond to discovery. On November 21, 1979, the Applicant

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promulgated a set of interrogatories to MVPP rela -ing to Contention 13 concerning the financial qualificaticas of the Applicant. On November 13, 1979, intervenor MVPP tad submitted sets of interrogatories to the Applicant and the NRC Staff regarding Contention 13. Such interroga ories were permitted by the Licensing Board's Memorandum and Order Ruling on Various Motions and Rescheduling Evident iary Hearing dated October 1, 1979 at 4-5. Pursuant to that order and the Commission's Rules and Regulations, responses

_1/ Applicant's Seventh Set of Interrogatories to Miami Valley Power Project.

8001160 /4 2

2-or objections to Applicant's interrogatories to MVPP were to be filed on December 10, 1979, but, to date, nothing has been received. As is evident by the most recent exchange, MVPP views discovery as a one-way street. On one hand, the Applicant and Staff have complied with the NRC's regulations and, on the other hand, MVPP has repeatedly flouted the Commission's rules and the Board's authority by failing to make any reply whatsoever.

Applicant believes that dismissal of this contention is an appropriate sanction for MVPP's complete failure to adhere to the Commission's rules. Applicant need not remind 2/

the Board that this is not the first instance of this conduct.

By this point in the proceeding, counsel for MVPP must be considered to be familiar with the Commission's rules and should be held accountable for their actions. Even con-sidering the Licensing Board's stated reluctance to dismiss contentions, this sanction is now mandated. The question of the financial qualifications of an applicant for an operating license is not a serious safety matter which would require independent Licensing Board review should the contention be dismissed.-

_2/ Memorandum and Order Concerning Applicant's Motion for Reconsideration or for Alternate Relief dated October 23, 1979.

3/ See Public Service Company of New Hampshire (Seabrook Station, Units 1 and 2), CLI-78-1, 7 NRC 1, 17-21 (1978); cf. the Licensing Board's Memorandum and Order of october 23, 1979 at 2-3, 1756 311

If the Board is disinclined to grant the motion for dismissal, we would ask alternatively for the same relief as granted in the previously noted October 23, 1979 Memo-randum and Order, i.e., that if MVPP is to present a direct case with regard to Contention 13, it should by January 21, 1980 be required to respond to all discovery requests, and as a condition to being permitted to cross-examine, it must identify and make available for inspection and copying, any documents upon which it intends to rely or utilize during cross-examination.

For the above stated reasons, the requested relief should be granted.

Respectfully submitted, CONNER, MOORE & COREER h

( /2C Troy B.

onner, Jr.

W E'L Mark J. .etterhahn Counsel for the Applicant January 8, 1980 1756 312

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

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

)

(William H. Zi=mer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE .

I hereby certify that copies of " Applicant's Motion for Dismissal of Contention 13," dated January 8, 1980, in the captioned matter, were served upon the following by deposit in the United' States mail this 8th day of January, 1980:

Charles Bechhoefer, Esq. Michael C. Farrar, Esq.

Chairman, Atomic Safety Atomic Safety and Licensing and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Cc= mission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frank F. Hooper, Member Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Panel Board U.S. Nuclear Regulatory School of Natural Resources Commission University of Michigan Washington, D.C. 20555 Ann Arbor, Michigan 48109 Chairman, Atomic Safety and Mr. Glenn O. Bright, Member Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Counsel for the NRC Staff Richard S. Salzman, Esq. Office of the Executive Legal Chairman, Atomic Safety and Director Licensing Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission '

Washington, D.C. 20555 Washington, D.C. 20555 William J. Moran, Esq.

Dr. Lawrence R. Quarles General Counsel Atomic Safety and Licensing Cincinnati Gas & Electric Appeal Board -

Company U.S. Nuclear Regulatory Post Office Box 960 Commission Cincinnati, Ohio 45201 Washington, D.C. 20555 h156h\5

Mr. Chase R. Stephens Leah S. Kosik, Esq.

Docketing and Service Section Attorney at Law Office of the Secretary 3454 Cornell Place U.S. Nuclear Regulatory Cincinnati, Ohio 45220 Commission Washington, D.C. 20555 John D. Woliver, Esq.

Clermont County Community William Peter Heile, Esq. Council Assistant City Solicitor Box 181 City of Cincinnati Batavia, Ohio 45103 Box 214 Cincinnati, Ohio 45202 marsp<&t.rh.n 1756 314