ML19254E642

Discusses Testimony Summary Re Contention A-10,promised in 780802-03 Deposition.If Document Not Provided by 791001, Relief Will Be Sought Per ASLB 781002 Memorandum & Order

ML19254E642
Person / Time
Site:	Summer
Issue date:	09/20/1979
From:	Conner T CONNER, MOORE & CORBER
To:	Bursey B AFFILIATION NOT ASSIGNED
References
NUDOCS 7911020046
Download: ML19254E642 (2)

Text

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LAW OFFICES CONNER. MOORE & CORBER 1747 PENNS YLVAN I A AVE N U E. N. W.

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Mr. Brer.t A. Bursey P.oute 1 h 4 A(

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' M Little Mountain, South Carolina 29075 s e cp In the Matter of South Carolina Electric & Gas Company Virgil C. Summer Nuclear Station Docket No. 50-395

Dear Mr. Bursey:

As you know, the Atomic Safety and Licensing Board in this proceeding entered a " Memorandum and Order on Discovery" (August 6, 1979) in which it stated that it " envisions the possibility of a request by the Applicant, and perhaps the Staff, for greatly expedited evidentiary hearings" once the Staff review of the Su:mner operating license application had been completed.

In reviewing the file to respond to the Board's suggestion and also preparatory to the upcoming hearing, I note that during your deposition on August 2-3, 1978, you stated that a summary of the testimony of your prospective witnesses as to Contention A-10 would be provided within a few days after the hearing. I refer you to pages 175-177 of the transcript of your deposition.

A copy of these pages are enclosed.

As you will recall, the Licensing Board in its Memorandum ard Ordar dated October 2, 1978 noted "that Mr. Bursey has not been fully responsive to discovery requests," and that "Mr. Bursey -

has not made a responsible effort to comply with the Board's Order and with repeated admonitions to respond to discovery re-quests." The Board agreed that the witness list relating to Contention A-10 may be a " Christmas wish list."

Accordingly, the Board ordered that the list of witnesses given by you in your deposition on August 2-3, 1978 be deemed final. The Board further stated: __

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Mr. Brett A. Bursey September 20, 1979 Page Two We also rule that Mr. Bursey may not use in his affirmative case nor in cross-examination any document he has failed to produce or identify in discovery with-out a showing that with the exercise of due diligence he could not have produced -

or identified the document earlier.

Implicit in the Board's Order is a requirement that you make good your promise to provide the parties with the requested summary of testimony which has been promised more than a year ago and which has not yet been received.

Accordingly, we shall expect to be furnished with a summary of the proffered testimony of your prospective witnesses re-garding Contention A-10 no later than October 1, 1979. Otherwise, we shall consider the Board's invitation "to seek relief con-sistent with the observations" in its Memorandum and Order of October 2, 1978.

Sincerely, _

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Troh'B1 Conner, Jr. -

Counse. for the Applicant

/dr Enclosure cc: w/o enclosure Ivan W. Smith, Esq.

Dr. Frank F. Hooper - -

Mr. Gustave Linenberger Chairman, Atomic Safety and Licensing Appeal Board Panel

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Chairman,' Atomic Safety and Licensing Board Panel George Fischer, Esq.

Steven C. Goldberg, Esq.

Mr. Chase R. Stephens Richard P. Wilson, Esq.

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