ML19289F408
| ML19289F408 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 04/25/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19289F409 | List: |
| References | |
| NUDOCS 7906070336 | |
| Download: ML19289F408 (5) | |
Text
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NRC PUCLIC UGT CU N gjN h[
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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6-4 BEFORE THE ATOMIC SAFETY AND LICENSING 6pGD pg g
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In the Matter of y
DUKE POWER COMPANY
)
Docket No. 70-2623
)
(Amendment to Materials License
)
SNM-1773 for Oconee Nuclear Station
)
Spent Fuel Transportation and Storage )
at McGuire Nuclear Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the attached documents, dated April 25, 1979, in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 25th day of April,1979. A list of the documents is attached.
- Marshall E. Miller, Chairman Ms. Brenda Best Atomic Safety and Licensing Board Carolina Action U.S. Nuclear Regulatory Commission 1740 E. Independence Blvd.
Washington, D. C.
20555 Charlotte, North Carolina 28205 Dr. Cadet H. Hand, Jr., Director Anthony Z. Roisman, Esq.
Bodega Marine Laboratory Natural Resources Defense Council University of California 917 - 15th Street, N.W.
P.O. Box 247 Washington, D. C.
20555 Bodega Bay, California 94923 Shelley Blum, Esq.
- Dr. Emmeth A. Luebke 418 Law Building Atomic Safety and Licensing Board 730 East Trade Strc. at U.S. Nuclear Regulatory Commission Charlotte, North Carolina 28202 Washington, D. C. 20555 J. Michael McGarry, III, Esq.
W. L. Porter, Esq.
Debevoise & Liberman Associate General Counsel 1200 Seventeenth Street, N.W.
Legal Department Washington, D. C.
20036 Duke Power Company 422 South Church Street Charlotte, North Carolina 28242 2231 260 79 0 6 0 7 0 33c,
.
- Atomi iafety and Licensing Appeal Board Mr. Geoffrey Owen Little U.S. Nuclear Regulatory Comission P. O. Box 2501 Washington, D.C.
20555 Davidson College Davidson, N.C.
28036
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Washington, D. C.
20555
- Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Jesse L. Riley, President Carolina Environmental Study Group 854 Henley Place Charlotte, North Carolina 28207 Richard P. Wilson, Esq.
Assistant Attorney General State of South Carolina 2600 Bull Street Columbia, South Carolina 29201
,Y~f r
Ricfiard K. Hoefling ~
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Counsel for NRC Staff 2231 261
ATTACHMENT I hereby certify that copies of "NRC STAFF'S riot 10N FOR AN ORDER TO COMPEL THE DAVIDSON COLLEGE CHAPTER OF THE NORTH CAROLINA PUBLIC INTEREST RESEARCH GROUP (PIRG) TO RESPOND TO INTERROGATORIES SERVED IN ACCORDANCE WITH THE ATOMIC SAFETY AND LICENSING BOARD'S (80ARD) ORDER OF FEBRUARY 23, 1979", "NRC STAFF'S BRIEF IN SUPPORT OF MOTION FOR AN ORDER TO COMPEL INTERVENOR, THE DAVIDSON COLLEGE CHAPTER OF THE NORTH CAROLINA PUBLIC INTEREST RESEARCH GROUP (PIRG), TO RESPOND TO THE STAFF'S INTERROGATORIES OF MARCH 23,1979",' PROPOSED FORM 0F ORDER COMPELLING DISCOVERY UF THE DAVIDSON COLLEGE CHAPTER OF THE NORTH CAROLINA PUBLIC INTEREST RESEARCH GROUP (PIRG)", "NRC STAFF'S MOTION FOR AN ORDER TO COMPEL CAROLINA ACTION TO RESPOND TO INTERROGATORIES SERVED IN ACCORDANCE WITH THE ATOMIC SAFETY AND LICENSING BOARD'S (BOARD) ORDER OF FEBRUARY 23, 1979", "NRC STAFF'S BRIEF IN SUPPORT OF MOTION FOR AN ORDER TO COMPEL INTERVENOR, CAROLINA ACTION, TO RESPOND TO THE STAFF'S INTERROGATORIES OF MARCH 23, 1979" and
" PROPOSED FORM OF ORDER COMPELLING DISCOVERY OF CAROLINA ACTION" dated Ar,ril 25,1979 in the above-captioned proceeding,have-been served on the following by deposit in the United States mail, first class, this 20tn day of April,1979.
..e 2231 262
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY Afl0 LICENSIfiG BOARD 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 Storage )
at McGuire Nuclear Station)
)
NRC STAFF'S MOTION FOR AN ORDER TO COMPEL THE DAVIDSON COLLEGE CHAPTER OF THE NORTH CAROLINA PUBLIC INTEREST RESEARCH GROUP (PIRG) TO RESPOND TO INTERR0GATORIES SERVED IN ACCORDANCE WITH THE ATOMIC SAFETY AND LICENSING BOARD'S (B0ARD) ORDER OF FEBRUARY 23, 1979 I.
Pursuant to 10 CFR 12.740(f), the NRC Staff (Staff) ' oves the Board for an Order to compel IntervenorS, The Davidson College Chapter of the North Carolina Public Interest Research Group (PIRG), to respond to the Staff's Second Set of Interrogatories dated March 23, 1979 on the grounds that:
_jj PIRG was admitted in these proceedings as an Intervenor by the Board's " Order Granting Intervention To Davidson Collece Cha of the North Carolina Public Interest Research Group (PIRG) pter (February 27, 1979)." See Duke Power comoany (Amendment to Materials License SNM-1773...) ALAB-528, Slip Op. (February 26,1979). The
. Board's Order of February 26, 1979 also required PIRG to verify the status of its newly identified representative in the PIRG organization. To date, that has not been done.
On February 23, 1979, the Board directed the parties to proceed with discovery.
" Order Concerning Discovery, Contentions and Scheduling (February 23,1979).,
2231 203
(1) Staff's interrogataries are within the scope of permissible discovery; (2) oIRG raised no valid objections to the interrogatories; (3) PIRG neither answered nor objected to any of the interrog-atories as required by 10 CFR s2.7,40b(b);
(4) PIRG's failure to respond constitutes a failure to answer under10CFR32.740(f);
(5) PIRG cannot unilaterally assume an extension of time in which to respond to interrogatories.
.The Staff's Second Se; of Interrogatories were filed by the Staff on March 23, 1979.
Resoonses were due on April 11, 1979 !n accordance with 10 CFR 12.740b(b) anJ 22.710. flo communication whatsoever concerning PIRG's response to.he Staff's interrogatories has been received.
In accordance with the above, the Staff moves the Board to compel PIRG to respond to the S*.aff's interrogatories and to dismiss Intervenor from these proceedings if PIRG fails to comply with such Board Order.
Respe tfully submitted,
!lb Y-i Richard K. Hoefling I
Counsel for t1RC Staff Dated at Bethesda, Maryland this 25th day of April,1979.
2231 264