ML19294B615

Motion for Dismissal of Miami Valley Power Project Contention 13 Due to Intervenor Default to Respond to Licensee Interrogatories Re Financial Qualifications.Aslb 800131 Order Warrants Dismissal.Certificate of Svc Encl

ML19294B615
Person / Time
Site:	Zimmer
Issue date:	02/25/1980
From:	Conner T, Wetterhahn M CINCINNATI GAS & ELECTRIC CO., CONNER, MOORE & CORBER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003050153
Download: ML19294B615 (4)

Text

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(

UNITED STATES OF AMERICA '4 NUCLEAR REGULATORY COMMISSION

% O In the Matter of )

N *

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H. Zimmer Nuclear Power )

Station) )

APPLICANT'S MOTION FOR DISMISSAL FOR DEFAULT On January 31, 1980, the Atomic Safety and Licensing Board (" Licensing Board") ordered intervenor Miami Valley Power Project ("MVPP") to respond to certain interrogatories relating to Contention 13 concerning the financial qualifi-cations of the Applicant, The Cincinnati Gas & Electric Company, et al. ~~1/ The time period set by the Licensing Board for compliance with its Order expired on February 19, 1980. However, to date, no answers have been furnished by MVPP or other communication from that group received.

Therefore, in accordance with the two step procedure outlined in the Licensing Board's January 31, 1980 Order, Applicant now moves, pursuant to 10 C.F.R. S2.707, for dismissal of Contention 13 for default. Applicant's Motion for Dismissal of Contention 13 and the pleadings referenced therein discuss the fact that such refusal on the part of

_l,/ Memorandum and Order Directing Response to Inter-rogatories dated January 31, 1980.

8003050 ff) )

MVPP is chronic and not isolated--2/ and cite examples of licensing boards dismissing intervenors for failing to respond to discovery. The MVPP has evidenced no interest in pursuing this contention to the point of not even responding to the Applicants' original motion or communicating with the Board or Applicant with regard to the January 30, 1980 order.--3/

Therefore, the requested motion for dismissal of MVPP Contention 13 should be granted.

Respectfully submitted, CONNER & MOORE Troy B. Conner, Jr.

6U l Mark J. Wetterhahn Counsel for the Applicant February 25, 1980

_2/ We believe that even the Staff will have to agree r: hat evidence of " contumacious disregard of a Licensing Board order" is present and that dismissal of the contention is now warranted. See NRC Staff Cpposition to Appli-cants' Motion for Dismissal of MVPP Contention 13 dated January 28, 1980.

_3/ Because of the nature of the contention, i.e, relating to financial qualifications and its tenuous relation-ship to safety, there is no need to convert this into a Board contention. See 10 C.F.R. 51.760 a and foot-note 3 to the Applicants' January 3, 1980 motion.

. UNITED STATES OF AMERICA NUCLEAR REGULATURY COMMISSICM In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-353 Company, et al. )

)

(William H. Zimmer Nuclear Pcwer )

Station) )

CERTIFICATE CF SERVICE I hereby certify that copies of " Applicant's Motion for Dismissal for Default," dated February 25, 1980, in the captioned =atter, were served upon the following by deposit in the United States = ail this 25th day of February, 1980:

s Charles Bechhcefer, Esq. Michael C. Farrar, Esq.

Chairman, Atomic Safety Atomic Safety and Licensing and Licensing Ecard Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Ccmmission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frank F. Ecoper, Member Chairman, Atomic Safety and Atcmic Safety and Licensing Licensing Appeal Scard Panel Board U.S. Nuclear Regulatory School of Natural Resources Commission University of Michigan Washington, D.C. 20555 Ann Arbor, Michigan 48109 Chairman, Atomic Safety and Mr. Glenn O. Bright, Member Licensing Scard Panel Atcmic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washingten, D.C. 20555 Commission Washington, D.C. 20555 Charles A. 3arth, Esq.

Counsel for the NRC Staff Richard S. Sal man, Esq. Office of the Executive Legal Chairman, Atcmic Safety and Director Licensing Appeal Board U.S. Nucicar Regula: cry U.S. Nuclear Regulatory Commission Ccmmission Washington, D.C. 20555 Washington, D.C. 20555 William J. Moran, Esq.

Dr. Lawrence R. Quarles General Counsel Atomic Safety and Licensing Cincinnati Gas & Electric Appeal Board -

Comc.any U.S. Nuclear Regulatory Post Office Sex 960 Commission Cincinnati, Ohio 45201 Washington, D.C. 20555

e Mr. Chase R. Stephens Leah S. Kosik, Esq.

Docketing and Service Section Attorney at Law Office of the Secretary 3454 Cornell Place U. S. Nuclear Regulatory Cincinnati, Ohio 45220 Commission Washington, D. C. 20555 John D. Woliver, Esq.

Clermont County Community William Peter Heile, Esq. Council Assistant City Solicitor Box 181 City of Cincinnati Batavia, Ohio 45103 Box 214 Cincinnati, Chio 45202 Mr. Ronald Strasinger, Mayor City Hall, The City of Mentor Mentor, Kentucky 41007 Mrs. Mary Reder Box 270 Route 2 California, Kentucky 41007 f

s M k J. Wetterhahn