ML19221A039
| ML19221A039 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/05/1973 |
| From: | Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| References | |
| NUDOCS 7905160516 | |
| Download: ML19221A039 (5) | |
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December 5, 1973 UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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METROPOLITAN EDISON COMPANY,
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Docket No. 50-320 et al.
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(Three Mile Island Nuclear
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Station, Unit 2)
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MOTION FOR DETERMINILTION OF DEFAULT AND TERMINAT"J OF PROCEEDING 1.
Pursuant to 10 CFR S2.707, Applicants respectfully request that the Licensing Board determine that Citizens for a Safe Environment and the Lnvironmental Coulition on Nuclear Power (Intervenors) are in default and terminate the proceeding concerning rescission of the suspension of construction of Applicants' Juniata transmission line.
2.
On April 10, 1973, the Commission published a Determination to Rescind Suspension of Construction Activities, 38 Fed. Reg. 9105, stating that the AEC's Director of Regulation had determined that off-site clearing and construction of the Juniata transmission line should no longer be suspended.
The effectiveness of the order rescinding suspension was to be stayed by the filing of a request for a hearing.
Intervenors' ast for hearing was 120 237 7905160576
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4' received by the Commission on May 2,1973.
On June 8,
- 1973, the Commission delegated authority to rule on the request anc to conduct any hearings to an atomic safety and licensing board.
On July 11, 1973, the Licensing Board afforded Intervenors the opportunity to resubmit their request.
Intervenors filed a revised pleading on July 19, 197' By Order dated August 13, 1973, the Licensing Baard found that two of Interveners' contentions were adequate and that a hearing on these contentions should be held.
A notice of hearing was published on September 6,1973.
3.
On October 11, 1973, Applicants served on Inter-venors interrogatories and a request for production of documents.
Intervenors have neither filed answers nor objections to the interrogatories and document request.
In view of the Intervenors ' failure to reply, Applicants, on November 9, 1973, filed a motion to compel Intervenors to respond to Applicants' discovery request.
Intervencrs have submitted no response to this motion.
Although the Licensing Board's Memorandum of November 29, 1973, noted the withdrawal of Mr. Sager as counsel for Inters anors, it would appear that both the discovery request and the motion to cc: el were served on Intervenors well before Mr. Sager's withdrawal.
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4 4.
Section 2.707 of the Commission's Rules of Practice authorizes licensing boards to make such orders "as arc just" in regard to a party's failure to file a pleading within the time specified in the Commission's rules.
Section 2.718 directs licensing boards "to take appropriate action to avoid delay" and to regulate the course of the hearing.
Applicint respectfully requests that the Licensing Board determine cr'su Intervenors' failure to respond to Applicants ' discovery request and to Applicants' motion to compel constitutes a default.
. Applicant further requests that the Licensing Board, considering the already extended period of time over which this proceeding has stretched and Intervenors' failure to respond to Applicants' filings in accordance with the Ccmmission's Rules of Practice or to take any other action consistent with further interest in this proceeding, terminate this proceeding.
Such termination would permit the Deternination to Rescind Suspension of Construction Activities, as published in the Federal Register on April 10, 1973, to take effect.
Respectfully sub,itted, SHAW, PITTMAN, POTTS & TROWLRIDGE l
By: ks,
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Jay 4{e. Silberg Coin l
for Applicante 1
December 5, 1973 i20 2ng/
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Decembe.
5, 1973 UNITED STATES OF AMERICA ATOMIC EMERGY CO?O11SSION Before the Atomic Safety and Licensing Board In the Matter of
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METROPOLITAN EDISON COMPANY,
)
Docket No. 50-320 et al.
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(Three Mile Island Nuclear
)
Station, Unit 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' Motion for Determination of Default and Termination of Proceeding were served a'tording to the attached Service List this
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5th day of December, 1973.
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f Jay' 11 berg J
forApplicanps Co e
120 200
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SERVICE LIST By Deposit in the United States mail, postage prepaid:
Charles A. Haskins, Esq.
Mr. Douglas Baker Chairman Environmental Coalition on Atomic Safety and Licensing Nuclear Power Board 1919 Sandy Hill Road Windy Hill Farm Norristown, Pennsylvania Bluemonte Virginia 22012 19401 Dr. John R.
Lyman Miss Mary V.
Southard Department c f Environmental
- Chairman, Sciences & Engineering Citizens for a Safe University of North Carolina Environment Chapel Hill, North Carolina P.O.
Box 405 27514 Harrisburg, Pennsylvania 17108 Dr. M.
Stanley Livingston 1005 Calle Largo Sante Fe, New Mexico 87501 Frank R.
Clokey, Esq.
Special Assistanc Attoer.sy General Room 219 Town House Apartments Harrisburg, Pennsylvania 17105 Atomic Safety and Licensing Board Panel U.S. Atomic Energy Commission Washington, D.C.
20545 Atomic Safety and Licensing Appeal Board U.S. Atomic Energy Commission Washington, D.C.
20545 Mr. Frank W. Karas Chief, Public Proceedings Branch Office of the Secretary U.S.
Atomic Energy Commission Washington, D.C.
20545 Douglas Olson, Esq.
Office of General Counsel Office of Regulation U.S. Atomic Energy Commission Washington, D.C.
20545 Ld on9d<'
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