ML19312D546
| ML19312D546 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 03/17/1980 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8003240596 | |
| Download: ML19312D546 (4) | |
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03/17/80' UNITED STATES 0F AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE' ATOMIC SAFETY AND LICENSING BOARD In the Matter of CINCINNATI GAS AND ELECTRIC
)
Docket No. 50-358
. COMPANY, et al.
(Wm. H. Zimer Nuclear Power
)
Station, Unit No.1)
)
RESPONSE OF THE NRC STAFF TO APPLICANT'S MOTION TO DISMISS CONTENTION 13 FOR FAILURE TO COMPLY WITH THE ~ BOAP.D'S ' DISCOVERY '0F )ER ~0F ' JANUARY 31, 1980 On November 26, 1979, Applicant filed interrogatories upon intervenor, Miami Valley Power' Project (MVPP) relating to its Contention 13, financial qualifi-cations of Applicant. On January 8,1980, Applicant filed a motion for dismissal of that contention for failure of MVPP to respond to discovery.
MVPP did not answer that motion. On January 31, 1980, this Board directed MVPP "... to answer the Applicaat's interrogatories prior to deciding whether Contention 13 should be dismissed for default (see 10 C.F.R. 52.707) or whether some other form of relief should be-imposed."3 Accordingly, on February 25,1980, Appli-cant moved pursuant to 10 C.F.R. H2.707 for dismissal of Contention 13, reora-senting in its motion that MVPP has continued its failure to respond to (i)
Applicant's interrogatories and (ii) this Board's discovery order of January 31, 1980.
The Staff supports Applicant's motion to dismiss Contention 13.
10 C.F.R. 52.707 of the Commission's Rul's of Practice authorizes a presiding licensing board to impose various sancti]ns t or. a party for its failure to,
~
3 Memorandum And Order Directing Respon+.e Interrogatories, p. 2
~(January 31,1980).
800824 o M(
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- inter-alia, comply with a discovery order. Moreover, it-has been held that an intervenor may be dismissed from a proceeding for failure to comply with a discovery order.S i
In the instant motion, Applicant is not seeking imposition of the ultimatt.
sanction of dismissal of a party but only that MVPP's Contention 13 be dismissed.
In the Staff's view, this is an appropriate remedy under the circumstances presented and the Staff, accordingly, supports dismissal of Contention 13 as moved by Applicant.
Respectfully submitted, M'
Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 17th day of March,1980 l
S Northern States Power Co.' et al. (Tyrone Energy Park, Unit 1), LBP-77-37, 5 NRC 1298 (1977); Offshore Power Systems (Manufactur1.,g License for Floating
- Nuclear Power Plants), LBP-75-67, 2 NRC 813 (1975); Pubi'c Service Electric
' & Gas Co. (Atlantic Generating Station, Units 1 & 2), LBP-75-62, 2 NRC 702 (1975).
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- UNITED' STATES 0F AMERICA
' NUCLEAR REGULATORY. COMMISSION.
~BEFORE~THE ATOMIC SAFETY' AND LICENSING BOARD
.In the Matter of-
?)
CINCINNATI GAS AND ELECTRIC
[
Docket No. 50-358'
. COMPANY,'et al.
(Wm. H. Zimer Nuclear Power
)
Station,. Unit'No' 1)
)
CERTIFICATE ~0F' SERVICE I hereby certify that copies of " RESPONSE OF THE NRC STAFF TO APPLICANT'S-MOTION TO DISMISS CONTENTION 13 FOR FAILURE TO COMPLY WITH THE BOARD'S DISCOVERY 0RDER OF JANUARY. 31,1980" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of March,1980:
Charles Bechhoefer, Esq., Chairman
- Leah S. Kosik,-Esq.
Atomic Safety and Licensing 3454 Cornell' Place Board Panel Cincinnati, Ohio 45220
~U.S. Nuclear Regulatory Commission Washington, D.C. -20555-W. Peter Heile, Esq.
Assistant City Solicitor Dr. Frank F.' Hooper Room 214, City Hall School of Natural. Resources -
Cincinnati, Ohio 45220 University of Michigan-
-Ann Arbor, Michigan 48109 Timothy S. Hogan,.Jr.,' Chairman t
Board of Comissioners Mr. G'.enn 0. Bright
- 50 Market Street -
Atomic Safety and Licensing
. Clennont County Board Panel Batavia, Ohio 45103 U.S. Nuclear' Regulatory Commission Washington,-D.C.- 20555 John D. Woliver, Esq.
C1ermont. County Comunity Council Troy B. Conner, Esq.
Box 181 Conner,' Moore and Corber Batavia, Ohio 45103 1747 Pennsylvania Avenue, N.W.
-Washington.-D.C..'20006' A
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William J. Moran, Esq.
Atomic Safety and Licensing General Counsel Aopeal' Board
- Cincinnati-Gas & Electric Company U.S. Nuclear Regulatory Commission
~
- P.O. Box 960 Washington, D. C.
20555 Cincinnati, Ohio 45201 Docketina and Service Sect. ion *
. Atomic-Safety and Licensing Office of the Secretary
, Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissio.n
- Washington, D. C.
20555 Washington, D. C.
20555' David Martin, Esq.
Office of the Attorney General 209 St. Clair StIreet First Floor Frankfort, Kentucky 40601 Mrs. Mary Reder Box 270, Rt. 2
. California, Kentucky _
Dale D. Brodkey Assistant Attorney General Division of Environmental Law Office of Attorney. General 209 St. Clair Street Frankfort, KY 40601 Charles A. Barth Counsel for NRC Staff N
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