ML19254B264
| ML19254B264 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 07/31/1979 |
| From: | Axelrad M LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, PORTLAND GENERAL ELECTRIC CO. |
| To: | |
| References | |
| NUDOCS 7909270032 | |
| Download: ML19254B264 (5) | |
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NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD N%..w Y'/
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In the Matter of
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PORTLAND GENERAL ELECTRIC COMPANY, )
Docket No. 50-344 et al.
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(Control Building
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(Trojan Nuclear Plant)
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Proceeding)
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LICENSEE'S MOTION TO CLARIFY BOARD'S ORDER CONSOLIDATING INTERVENORS We have received a copy of the Board's order of July 27, 1979, ordering a consolidation of Nina Bell and the Consolidated Intervenors (CI) with the remaining intervenors in this prcceeding, Eugene Rosolie and the Coalition for Safe Power (CFSP).
Since the Board's order does :ot mention the still outstanding motions of Licensee (July 13, 1979) and of the NRC Stcff (July 12, 1979) to dismiss CI from this proceeding, we assume that the Board continues tc have such motions under consideration.
For the reasons set forth both in our July 13 motion and in our July 27 response to the NRC Staff's motion, Licensee continues to believe that CI should be dismissed, and that other sanctions would be inadequate under the circumstances.
However, if the Board's granting of CI's motion for consolida-tion indicates that the Board is not inclined to dismiss CI from this proceeding, we respectfully request that the Board clarify the in-tended effect.of its order for consolidation.
Thus, we would urge l p '
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the Board to make clear that the newly consolidated party (CFSP-CI) stands in this proceeding only with the rights of CFSP and does not benefit in any procedural or substantive manner from the shifting of CI to the CFSP umbrella.
Specifically we respect the Board to make explicit both (1) that only the contentions of CFSP remain in this proceeding, and (2) that the consolidated CFSP-CI party is subject to every limitation that has become applicable to CFSP's participa-tion.
As we pointed out in Licensee's Statement Opposing the Re-quest of Nina Bell and Consolidated Intervenors for Consolidation.-*/
these two conditions are essential'for the following reasons:
(1)
In view of CI's consistent and willful failure to cooperate in discovery, its contentions should be dismissed and the consolidated CFSP-CI party should be limited to the CFSP contentions.
To allow CI to retain contentions simply by shifting to the CFSP umbrella would frustrate the purpose of the discovery rules and would reward CI for its willful refusal to cooperate in the discovery process and to comply with the Board's discovery orders.
Licensee will be as adversely affected in its trie' reaparation with respect to CI's former contentions if CI participates as a " consolidated party" as we were affected while CI was a separate party.
(2)
Similarly, as tc the remaining CFSP contentions, the con-solidateo CFSP-CI party should be bound by the responses that CFSP has previotsly submitted to interrogatories, and the scope of
-*/
Since Licensee filed this pleading on July 26, it may not ve been received by the Board prior to its issuance of its orc " of July 27.
1045 056
cross-examination by CFSP-CI would be limited accordingly.
Unless CFSP-CI is so bound, the other parties would suddenly find themselves in a situation where discovery to date with respect to CFSP's con-tentions might be essentially wasted since CI's responses to previous interrogatories answered by CFSP would be unknown.
Such a result would be wholly inequitable, would prevent timely completion of discovery, and would permit CI to benefit from its past failures to cooperate in the discovery process.
Accordingly, should the Board decide not to grant the pending motions to dismiss CI as a party, Licensee respectfully requests that the Board clarify its order of July 27 by explicitly applying the foregoing two conditions to the consolidated CFSP-CI party.
Respectfully submitted, RONALD W.
JOHNSON, ESQ.
Corporate Attorney Portland General Electric Company 121 S. W.
Salmon Street Portland, OR 97204 MAURICE AXELRAD, ESQ.
ALBERT V.
- CARR, JR.,
ESQ.
Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, NW Washington, D.
C.
20036 By
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Maurice Axelrad Dated at Washington, D.
C.
this 31st day of July, 1979 1045 057
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PORTLAND GENERAL ELECTRIC COMPANY, )
Docket No. 50-344 et al.
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(Control Building Proceeding)
(Trojan Nuclear Plant)
)
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)
CERTIFICATE OF SERVICE I hereby certify that on July 31, 1979, I served a copy of Licensee's Motion to Supplement Board's Order Establishing Revised Schedule and a copy of Licensee's Motion to Clarify Board's Order Consolidating Intervenors by placing true copies of said documents in a sealed envelope with postage fully prepaid, in the United States mail at Washington, D.
C.,
addressed as follows:
Marshall E. Miller, Esq., Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U.
S. Nuclear Regulatory Commission U.
S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Dr. Kenneth A. McCollom, Dean Docketing and Service Section Division of Engineering, Office of the Secretary Architecture & Technology U.
S.
Nuclear Regulatory Commission Oklahoma State University Washington, D. C.
20555 Stillwater, OK 97074 (Original & 20 copies)
Dr. Hugh C.
Paxton Columbia County Courthouse 1229 - 41st Street Law Library, Circuit Court Room Los Alamos, NM 87544 St. Helens, OR 97051 1045 058
Joseph R. Gray, Esq.
Atomic Safety and Licensing Counsel for NRC Staff Appeal Board U.
S. Nuclear Regulatory Commission U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Washington, D.
C.
20555 Ms. Nina Bell Ronald W.
Johnson, Esq.
728 S. E.
26th Street Corporate Attorney Portland, OR 97214 Portland General Electric Company 121 S.
W.
Salmon Street Mr. Eugene Rosolie Portland, OR 97204 Coalition for Safe Power 215 S.
E.
9th Avenue Richard M.
Sandvik, Esq.
Portland, OR 97214 Frank W.
Ostrander, Jr.
Counsel for Oregon Department Mr. David B. McCoy of Energy 348 Hussey Lane 500 Pacific Building Grants Pass, OR 97526 520 S.
W.
Yamhill Portland, OR 97204 Mr. John A.
Kullberg Route One William W.
Kinsey, Esq.
Box 2500 Bonneville Power Administration Sauvie Island, OR 97231 1002 N.
E.
Holladay Portland, OR 97232 Ms.
C.
Gail Parson P.O.
Box 2992 Dr. Harold I.
Laursei.
Kodiak, AK 99615 1520 N.
W.
13th Corvallis, OR 97330 h_
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Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, BM Washington, D. C.
20036 (202-862-8400) 1045 059