ML19257D201
| ML19257D201 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 01/28/1980 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002010521 | |
| Download: ML19257D201 (3) | |
Text
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1/28/20 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CINCINNATI GAS AND ELECTRIC Docket No. 50-358 COMPANY, et al.
(Wm. H. Zimmer Nuclear Power
)
Station, Unit No.1)
)
NRC STAFF OPPOSITION TO APPLICANTS' MOTION FOR DISMISSAL OF MVPP CONTENTION NUMBER 13 Contention 13 alleges that the Applicants cannot finance the construction and operation of the Zimmer facility. Applicants filed interrogatories on MVPP on November 26, 1979, regarding contention 13. MVPP has failed to respond.
Applicants now move for dismissal of the contention. The Staff opposes the motion.
10 CFR 92.740(f) requires that the party serving discovery and unsatisfied with the response must apply to the Licensing Board for an order to the party to comply with discovery prior to moving for dismissal.
Dismissal is the remedy for contumacious disregard of a Licensing Board order--not for failure to comply with discovery.
This has previously been litigated in this proceeding, see Board Memorandum of October 1,1979, where the Board declined to dismiss contention 17 solely due to failure of MVPP to make discovery. The Staff recommends that the Applicants' motion to dismiss be denied and that the Licensing Board order MVPP to respond fully to the Applicants' interrogatories.
Respectfully submitted,
"'I 208 4
Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland, this 28th day of January, 1980.
8002010 O /
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UNITED STATES OF AMERICA NUCLEAR REGULATOR) COMMISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CINCINNATI GAS AND ELECTRIC
)
Docket No. 50-358 COMPANY, et al.
(Wm. H. Zimmer Nuclear Power
)
Station, Unit No.1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF OPPOSITION TO APPLICANTS' MOTION FOR DISMISSAL OF MVPP CONTENTION NUMBER 13" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 28th day of January,1980:
Charles Bechhoefer, Esq., Chairman
- Leah S. Kosik, Esq.
Atomic Safety and Licensing 3454 Cornell Place Board Panel Cincinnati, Ohio 45220 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 W. Peter Heile, Esg.
Assistant City Solicitor Dr. Frank F. Hooper Room 214, City Hall School of Natural Resources Cincinnati, Ohio 45220 University of Michigan Ann Arbor, Michigan 48109 Timothy S. Hogan, Jr., Chairman Board of Commissioners Mr. Glenn 0. Bright
- 50 Market Street Atomic Safety and Licensing Clermont County Board Panel Batavia, Ohio 45103 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John D. Woliver, Esq.
Clermont County Community Council Troy B. Conner, Esq.
Box 181 Conner, Moore and Corber Batavia, Ohio 45103 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 4
om
. a.-
2-William J. Moran, Esq.
Atomic Safaty and Licensing General Counsel Aapeal Board
- Cincinnati Gas & Electric Company U.S. Nuclear Regulatory Commission P.O. Box 960 Washington, D. C.
20555 Cincinnati, Ohio 45201 Docketing and Service Sect. ion
- Atomic Safety and Licensing Office of the Secretary
, Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 David Martin, Esq.
Office of the Attorney General 209 St. Clair Street First Floor Frankfort, Kentocky 40601 Mrs. Mary Reder Ca if n a, Kentucky f[y%
Charles A. Barth Counsel for NRC Staff wwe m - ~*
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