ML19290E120

Proposed Schedule for follow-on Discovery.Urges Consistency W/Regulations by Granting 14 Days for Interrogatories & 30 Days for Documents & Depositions.Privilege Should Be Granted to TMI Alert,Ucs & Sholly Only.W/Certificate of Svc

ML19290E120
Person / Time
Site:	Three Mile Island
Issue date:	02/19/1980
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003040300
Download: ML19290E120 (6)

Text

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ] ,.y[ j

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In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

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(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S PROPOSED SCHEDULE FOR FOLLOW-ON DISCOVERY During the prehearing conference on February 13, 1980, the Board extended the period for initial discovery requests until February 25 and directed the parties to submit by Feb-ruary 19 proposed schedules for follow-on discovery. Licensee herein submits for the Board's consideration its proposed ground rules for follow-on discovery.

1. The privilege to conduct follow-on discovery should be granted only to those parties who, by their prior discovery efforts, have demonstrated their desire to be in a position to conduct follow-on discovery and have taken steps to ensure it.

Those parties are TMIA, UCS and Sholly, some of whose discovery requests have been filed on a schedule which assured them an opportunity for timely follow-on discovery within the sixty-day discovery period originally set down in this proceeding. Follow-on discovery is not a right and those parties who have not yet 8003940 '-

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filed discovery requests or whose initial discovery requests were filed so late in the original sixty-day discovery period that timely responses under the Commission's regulations would not have allowed them any opportunity for follow-on should not now be granted that privilege. The Board has already ex-tended the period for initial discovery by all parties by about a month by removing the February 16 deadline previously set for completion of discovery and by affording all parties the opportunity to file any discovery requests until February 25.

2. One round of follow-on discovery should be allowed which could take any form including interrogatories, document requests or depositions. In the case of any discovery ' responses filed on or before February 25 which occasion the need for follow-on discovery, follow-on requests would be due by March

11. Thereafter, requests should be filed not later than fif-teen (15) days (10 days plus 5 days mailing time) from the date of service of a discovery response which occasions the need for follow-on discovery. ,

3. Follow-on discovery should be confined to the need for further discovery based on a given response, should be clearly tied to such response, and should not be regarded as an opportunity to discover in areas or on su'ajects which could have been covered in initial discovery requests.

4. Responses to follow-on discovery requests should be filed on a schedule consistent with the periods allowed by the Commission's regulations and the Board's rulings, i.e., fourteen s

(14) days for interrogatories, thirty (30) days for document requests and thirty (30) days to complete the taking of noticed depositions.

Under Licensee's proposed schedule, disccvery would con-tinue past the time when the NRC has projected the SCR will issue. For example, interrogatories filed on February 25 would require responses about March 17, and follow-on interrogatories would be due about April 1, which would require responses by about April 21. The schedule would necessarily be greater for document requests or depositions which have longer response periods, and by any motions to compel.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By _

hs/*, M e j Gedrge F. Trowbridge /

Dated: February 19, 1980 February 19, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Proposed Schedule for Follow-On Discovery," dated February 19, 1980, were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 19th day of February, 1980.

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Gdorge F. Trowbridge /

Dated: February 19, 1980 s

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire John A. Ievin, Esquire Chaiman Assistant Ccunsel Atcmic Safety and Licensing Pennsylvania Public Utility Ccan'n Board Panel Pcst Office Ecx 3265 U.S. Nuclear Fagulatory Ccanission Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Karin W. Carter, Esgaire Dr. Walter H. Jordan Assistant Attorney Ceneral Atomic Safety and Licensing 505 E:arative House Board Panel Pcst Office Box 2357 881 West Guter Drive Harrisburg, Pennsylvania 17120 Cak Ridge, Terressee 37830 Jchn E. Minnich Dr. Linda W. Little Chairman, Dauphin County Ecard Atcmic Safety and Licensing of Ccmnissicners Board Panel Dauphin Ccunty Ccurthouse 5000 Hermitage Drive FIcnt and Market Streets Faleigh, North Carolina 27612 Harrisburg, Pernsylvania 17101 Ja:ms R. Tourtellotte, Esquire Walter W. Cohen, Esquire Office of the Executive Iagal Director Censumer Advocate U. S. Nuclear Pegulatory Ccamission Office of Consumer Advocate Washington, D.C. 20555 14th Flcor, StratxLg Square

' Harrisburg, Pennsylvania 17127 Decketing and Service Section Cffice of the Secretary U. S. Nuclear Fegulatory Ccmna.ssion Washingtcn, D.C. 20555 0

Jordan D. Curningham, Escu re Karin P. Sheldon, Escuire Attorney for Seaberry Tcwnship Attorney for Pecple Acainst Nuclear T.M.I. Steering Ccnrittee Energy Shelden, Harrn & Weiss 2320 North Second Street 1725 Eye Street, N.W., Suite 506 Harrisburg, Pennsylvania 17110 20006 Washington, D.C.

Theodcre A. Adler, Esquire Widoff Peager Selkowit: & Adler Pcbert Q. Pollard Chesapeake Energy Alliance Post Office Box 1547 609 Mcntpelier Street Harrisburg, Pernsylvania 17105 Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Chauncey Kepferd Attorney for the Unicn of Ccncerned Scientists Judith H. Jchnsrud Sheldon, Haracn & Weiss Environmental Coalition en Nuclear 1725 Eye Street, N.W., Suite 506 Pcwer Washingten, D.C. 20006 433 Crlando Avenue State College, Pennsylvania 16801 Steven C. Sholly 304 South Market Street Marvin I. Irwis Mechanicsburg, Pennsylvania 17055 6504 Bradford Te nace Philadelphia, Fernsylvania 19149 Gail Bradford Marjorie M. Pamodt Holly S. Keck Ingislation ?.airran R. D. 5 Anti-Nuclear Grcup Pepresenting York Coatesville, Fernsylvania 19320 245 West Philadelphia Street York, Pennsylvania 17404 0