ML19263B653

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Denies Motion by Intervenor Carolina Environ Study Group to Compel Discovery from Applicant.Cesg Shall Be Permitted Reasonable Chance to Review Documents in Applicants Offices
ML19263B653
Person / Time
Site: 07002623
Issue date: 01/12/1979
From: Lazo R
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7901220330
Download: ML19263B653 (2)


Text

{{#Wiki_filter:'N W ~; / -s, p. ' ~. ,s 7 t ? m' UNITED STATES OF AM$RICA %,[i g NUCLEAR REGULATORY CCMMISSION p. ... '9' .N ~ \\ BEFORE THE ATOMIC SAFETY AND LICENSING 30ARD -{ '. - s .s N&w;, /.y q ) In the Matter of ) } DUKE POWER COMPANY ) ) Docket No. 70-2623 (Amendment to Materials License ) SNM-1773 for Oconee Nuclear Station ) Spent Fuel Transportation and Stor'.ge ) at McGuire Nuclear Station) ) ) ORDER (January 12,1979) Intervenor CESG has moved to compel discovery from Applicant. The motion concerns certain documents which Applicant has offered to make available in the office of its Associate General Counsel in Charlotte, North Carolina. CESG har rejected this offer and requests the Board to direct Applicant to provide a set of the documents at each of the Intervenor's two addresses. Applicant has moved for a protective order. Pursuant to the provisions of 10 CFR Section 2.741, a party making a request for production of documents shall be permitted an opportunity "to inspe':t and copy any designated documents which are in the possession, custody or control of the party upon whom the request is served. Apolicant asserts that the documents wnich it has 7901220330

2 offered to make available to CESG are voluminous and that to reproduce the entire bulk would be burdensome and expensive. Intervenor's two addresses are both in Charlotte. Its counsel's office is only a short distance from the office of Applicant's Associate General Counsel where the subject documents may be inspected by Inter-venor. Thus, Intervenor has been provided ready cecess to such docu-ments. WHEREFORE, IT IS ORDERED that in accordance with the Atomic Energy Act, as amended, and the Commission's Rules of Practice, the Motion to Compel filed by CESG is denied. CESG shall be permitted a reasonable opportunity to review the documents which Applicant has produced in response to the discovery sought by the motion to comoel in the office of William L. Porter on the understanding that it will designate those portions of the documents it requires and that copies of such will thereafter be produced by Applicant at CESG's expense. FOR THE ATOMIC SAFETY AND LICENSING SCARD Y MW Roert M. Lazo, Cha1Mg ~ Dated at Betnesda, Maryland, this 12th day of January,1979. 1 .}}