ML19296A227
| ML19296A227 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 01/31/1979 |
| From: | Blum S BLUM & SHEELY |
| To: | |
| References | |
| NUDOCS 7902230033 | |
| Download: ML19296A227 (2) | |
Text
n E t n M D 0;10 1 T O W '4 G lN.h UNITED STATES OF AMERICA
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NUCLEAR REGULATORY CCMMISSION
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Cf DUKE POWER COMPANY
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Docket No. 70-2623 (Amendnent of Materials
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License SNM-1773 for Oconee
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Nuclear Station Spent Fuel
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Transportation and Storage
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at McGuire Nucicar Station)
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INTERVENOR'S RESPONSE TO APPLICANT'S MOTION FOR THE ESTABLISHMENT OF A HEARING SCHEDULE On January 25, 1979, applicant filed a Motion requesting a hearing schedule.
In this regard, applicant requested that the Hearing Board issue its rulings on contentions and the establishment of a schedule; that dis-covery be completed 30 days therea'ter; that testimony be pre-filed 15 days thereafter; and that evidentiary hearings begin 15 days af ter that.
As its justification for the curtailing of discovery to a 30-day period, applicant has put forth its footnote No. 5 This indicates that applicant was willing to engage in early discovery, and that intervenor CESG has availed i tsel f of this of fer, and has been engaged in extensive discovery since September 29, 1978.
What applicant fails to include in its footnote is that applicant did not respond to requests for discovery until well after the requests were made.
No discovery was had from the staff until January, 1979 Applicant made its discovery by inviting intervenor to review materials in this matter in its office.
Intervenor appealed, and moved to compel, which Motion was denied by this Board.
Thus, it has only been a few days since intervenor has known that it would have to review a batch of material which applicant states is too
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voluminous to copy.
After this material is reviewed, intervenor would then request copies of the pertinent material, and would begin the process of reviewing it, intending to have further discovery if pertinent gaps are
'und.
Intervenor believes applicant has not been so open with its discovery as it would have the Board believe, and intervenor believes that there will be occasion for substanial further discovery.
Counsel for intervenor will be engaged in a series of non-Jury, Title Vll trials during the weeks of February 20-26 and March 5 and March 26, 1979 Necessary preparation for the 11 cases on this trial calendar will make it difficult to proceed with the discovery in this case.
However, since appli-cant is prepared to begin an application for the re-racking of spent nuclear fuel at its Oconee station, a proceeding in which intervenor will not be a party, it appears that there will be substantial time te oroperly complete discovery in this case so that all parties will be ready for trial.
Inasmuch as dismissed intervenor NRDC has indicated that it will attempt to enjoin the proceedings, there would seem to be little point in setting a hearing schedule in advance of the NRDC's actions in that regard.
Based on the foregoing, intervenor CESG sees no necessity for the adoption ofaschedulebeyondpointj,on intervenor's suggested list.
Dated:
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1979
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y SHELLE BLUM, Attorney for Intervenor
Ut:ITED STATES OF AMERICA NUCLEAR REGilLATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of
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Docket No. 70-2623
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o (Amendment of Materials
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License SNM-1773 for Oconee
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Nuc1 car Staticn Spent Fuel
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Transportation and Storage
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CERTIFICATE OF SERVICE
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I hereby certify that copies of the foregoing material, dated 1979, have been served upon the following by depcsit in the United States mail this Q )_ day of ]%
1979 Robert M.
Lazo, Esq.
Mr. Jesse L. Riley, President Chairman, Atomic Safety and Carolina Envi ronrr. ental Study Group L: censing Board 854 Henley Place U.S. Nuclear Regulatory Cornission Cha rlotte, N.C.
28207 Uashington, D.C.
20555 Edward G.
Ketchen, Esq.
Dr. Enmeth A. Luebke Counsel for NRC Regulatory Staff Atcmic Safety and Licensing Board U.S. Nuclear Regulatory Commission U. S. Nuclea r Regul atory Co,mi ssion Washington, D.C.
20555 Vashington, D.C.
20555
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Villiam L. Porter, Esq.
Dr. Cadet H. Hand, Jr., Director Duke Power Company Bodega Marine Laboratory of California P.O.
Box 2178 P.O. Box 247 Charlotte, N.C.
28242 Bodega Bay, CA 94923 Geoffrey Owen Little Anthony Z. Roisman, Esq.
Davidson PIRG Natural Resources Defense Council P.O.
Box 2501 917 15th St., NV Davidson, N.C.
28036 Uashington, D.C.
20005 Chairman, Atomic Safety and Brenda Best Licensing Board Panel Carolina Action U. S. Nuclear Regula tory Cormi ssion 1740 E.
Independence Blvd.
Washington, D.C.
20555 Charlotte, N.C.
28205 Chairman, Atomic Safety and Richard P. Wilson Licensing Appeal Board Assistant Attorney General U.S. Nuclear Regulatory Commission State of South Carolina Washington, D.C.
20555 2600 Bull St.
Columbia, S.C.
29201 Mr. Chase R. Stephens Docketing & Service Section Office of the Se retary W
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5 SHE L L E Y ' SLUM, 418 Law Bldg.
Charlotte, N.C. 28202
.