ML19282A565
| ML19282A565 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 02/08/1979 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7903050002 | |
| Download: ML19282A565 (4) | |
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9 IMOM yL
.,t UNITED STATES OF AMERICA NUCLEAR REGULATORY COM'ilSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CINCINNATI GAS AND ELECTRIC
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Docket No. 50-358 N'-
COMPANY, et 31.
7 (Wm. H. Zinmer Nuclear Power
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/h Station,UnitNo.1)
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NRC STAFF RESPONSE TO APPLICANTS' MOTION TO DISMISS MIAMI POWER PROJECT AS A PARTY On December 19, 1978 Applicant served Interrogatories upon Miami Power Project (MPP), an intervening party in this proceeding relating to their contentions. Applicant and MPP discussed the Interrogatories on January 9,1979, this discussion being confirmed by a letter dated January 9,1979 from Applicants' counsel to MPP offering to extend the time to answer to January 16, 1979. As of this date the Statf has seen no response,and Applicants' filing of January 29, 1979 states that they have had no response. Applicants now move to dismiss MPP or, in the alternative, for the Board to issue an order requirina the MPP to respond.
The Staff fully supports the Applicaats' position that meaningful response to discovery is an essential element of orderly administrative procecdings.
The Staff has itself moved in many proceedings to enforce its discovery rights. ine proper remedy at this stage is for the Board to issue an order pursuant to 10 CFP. 52.740(f) requiring MPP prcmptly and meaningfully 790305 @ >
-. to respond to Applicants' Interrogatories of December 19,1978, and if 1PP fails to comply with this order, then to strike MPP's contentions and dismiss MPP as a party Intervenor.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 8th day of February,1979
UNI.TED STATES OF AMERICA NUCLEAR REGULATOPJ COMMISSION
~BEFORE THE ATOMIC SAFETY AND LICE'ISIt!G BOARD In the Matter of
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CItiCINNATI GAS Afl0 ELECTRIC
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Docket tio. 50-358 COMPANY, et al.
(Wm. H. Zimmer Nuclear Power
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Station, Unit No.1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPLICANTS' MOTION TO DISMISS MIAMI POWER PROJECT AS A PARTY" 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, through deposit in the Nuclear Regulatory Commission's internal inail system, this 8th day of February, 1979:
Charles Bechhoefer, Esq., Chainnan*
David B. Fankhauser, PhD Atomic Safety and Licensing 3569 Nine Mile Road Board Panel Cincinnati, Ohio 45230 U.S. fluclear Regulatory Commission Washington, D.C.
20555 W. Peter Heile, Esq.
Thomas A. Luebbers, Esq.
Dr. Frank F. Hooper Cincinnati City Solicitor School of Natural Resources Room 214, City Hall University of Michigan Cincinnati, Ohio 45202 Ann Arbor, Michigan 48109 Mr. Stephen Schumacher Mr. Glenn 0. Bright
- Miami Valley Power Project Atomic Safety and Licensing P.O. Box 252 Board Panel Dayton, Ohio 45401 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John D. Woliver, Esq.
Clermont County Community Council Troy B. Conner, Esq.
P.O. Box 181 Conner, Moore and Corber Batavia. Ohio 45103 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006
. Timothy S. Hogan, Jr., Chairman Atomic Safety and Licensinq Board of Commissioners Aopeal Board
- 50 Market Street U.S. fluclear Regulatory Comnission Clermont County Washington, D. C.
20555 Batavia, Ohio 45103 Docketing and Service Section*
William J. Moran, Esq.
Office of the Secretary-General Counsel U.S. Nuclear Regulatory Commission Cincinnati Gas & Electric Company Washington, D. C.
20555 P. O. Box 960 Cincinnati, Ohio 45201 Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission Washington, D. C.
20555
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8 Charles A. Barth Counsel for NRC Staff
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