ML19289F439
| ML19289F439 | |
| 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 7906070369 | |
| Download: ML19289F439 (2) | |
Text
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UNITED STATES OF AMERICA flVCLEAR REGULATORY COPMISSION BEFORE THE ATOMIC SAFETY AND LICEllSIfiG BOARD In the Matter of DUKE POWER COMPANY Docket tio. 70-2623
)
(Amendment to Materitis License
)
SNM-1773 for Oconee f uclear Station
)
Spent Fuel Transportation and Storage )
at McGuire fluclear Station)
)
NRC STAFF'S MOTI0ft FOR Afi ORDER TO COMPEL CAROLIflA ACTION TO RESP 0fiD TO INTERROGATORIES SERVED IN ACCORDANCE '.ilTH THE ATOMIC SAFETY AfiD LICENSIfiG BOARD'S (BOARD) ORDER OF FEBRUARY 23, 1979.
I.
Pursuant to 10 CFR 52.740(f), the fiRC Staff (Staff) moves the Board for an Order to con,pel IntervenorS, Carolina Action, to respond to the Staff's Second Set of Interrogatories dated March 23, 1979 on the grounds that:
(1) Staff's interrogatories are within the scope of permissible discovery; (2) Carolina Action raised no valid objections to the interrogatories; (3)' Carolina Action neither answered nor objected to any of the interrogatories as required by 10 CFR 52.740b(b);
J Carolina Action was admitted in these proceedings as an Intervenor by the Board's Order Following Prehearing Conference dated November 2, 1970. On February 23, 1979, the Atomic Safety and Licensing Board (Board) issued an Order directing the parties to pi.ceed with discovery.
" Order Concerning Discovery, Contentions and Scheduling (February 23,1979)."
2231 271 79060708G1
2 (4) Carolir.a Action's failure to respond constitutes a failure to answer under 10 CFR 32.740(f);
(5)
Carolina Action cannot unilaterally assume an extension of time in which to respond to interrogatories.
The Staff's Second Set of Interrogatories were filed by the Staff on March 23, 1979.
Responses were due on April 11, 1979 in accordance with 10 CFR 52.740b(b) and 52.710. No communication whatsoever concerning Carolina Action's response to the Staff's interrogatories has bsen received.
II.
In accordance with the above, the Staff moves the Board to compel Carolina Action to respond to the Staff's interrogatories and to dismiss Carolina Action from these proceedings if it fails to comply with such Board Order.
Respectfully submitted, t & beg P' h;' '
R hard K. Hoefling Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of April,1979.
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