ML19312D558
| ML19312D558 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 03/13/1980 |
| From: | Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8003240619 | |
| Download: ML19312D558 (5) | |
Text
C
' UNITED STATES OF AMERICA NUCLEAR REGULATORY C0PfilSSION 4-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Hatter of DAIRYLAND POWER COOPERATIVE
)
Docket No. 50-409
)
(FTOLProceeding)
(Lacrosse Boiling Water Reactor)
)
NRC STAFF MOTION TO COMPEL DISCOVERY Pursuant to 10 C.F.R. 52.740(f), the NRC Staff hereby moves the Licensing Board to issue an order compelling Intervenor, Coulee Region Energy Coalition (CREC) to respond to the Staff's interrogatories to CREC dated December 14, 1979.
In support of this motion, the Staff states the following:
1.
By order. dated November 30, 1979, the Atomic Safety and Licensing Board ruled that six contentions submitted by Intervenor CREC were acceptable for litigation in the full-term license proceedina concerning the Lacrosse Boiling Water Reactor (LACBWR).
2.
In the same order, the Board scheduled discovery to begin at the date of the order and directed that all first round discovery requests were to be filed by January 15.-1980.
Responses to these requests were ordered to be filed by February 29, 1980.
U ese contentions are numbered 2A, 2B, 8, 9, 19, and 22. See Order Approving Th Contentions, Docket No. 50-409, November 30, 1979.
l 8 0032 40 (O l 0
4 i,.
3.
On December 14, 1979, the Staff served written interrogatories on Intervenor CREC. The questions asked in the interrogatories are all directed either toward seeking clarification of the language of each of the admitted contentions or toward discovering the underlying basis for each contention.
These requests are clearly relevant to the subject matter of this proceeding and within the scope of discovery allowed under.10 C.F.R. 52.740(b)(1).
4.
The Staff interrogatories asked for infomation concerning Intervenor's proposed witnesses and the documents or mathematical calculations used by such witnesses to substantiate their testimony (Question 1); the calculations used as basis for contentions 2A & B (Questions 2-6); clarification of language and specific basis for contention 8 (Questions 7-9); the chemical analysis, and the documentary evidence for contention 9 as well as clarification of language used therin (Questions 10-15); clarification and bases for allegations made in contention 19 (Questions 16-22); as weli as contention 22 (Questions 23-26).
5.
The Staff submits that all the interrogatories served upon Intervenor CREC are pertinent and relevant to the issues raised by the Intervenor in this proceeding; that the infomation sought is not privileged; and that the discovery requests are in compliance with the Commission's Rules of Practice and case law concerning discovery.S Further, the Staff believes the infomation requested is essential for proper preparation of testimony for the proceeding.
3 ee 10 C.F.R. 52.740(b)(1): Parties may obtain discovery regarding any matter,.
S not privileged, which is relevant to the subject matter involved in the proceeding...
The test of discoverable matters (under Commission Rules of Practice) is j
" general relevancy" and is easily satisfied, being founded upon the liberally FOOTNOTE CONTINUED ON NEXT PAGE
6.
As stated above, the answers to Staff interrogatories should have been filed on February 29, 1980. No response by Intervenor CREC has been received at this date, two-weeks after the filing date. The Staff believes that this time period is more thar adequate for mail delivery.
In addition, the Staff believes that the two and one-half months allowed the Intervenor has been more than sufficient time to prepare responses.
Therefore, for the reasons stated above, the Staff requests that the Board issue an order directing Intervenor CREC to promptly and fully respond to each and every interrogatory filed by the Staff on December 14, 1979.
Respectfully submitted, Colleen P. Woodhead Counsel for NRC Staff Dated at Bethesda, Maryland, this 13th day of March, 1980.
E FOOTNOTE CONTINUED FROM PREVIOUS PAGE construed Federal Rules of Civil Procedure.
Comonwealth Edison Co. (Zion Station, Units 1 & 2) ALAB-196, 7 AEC 457, 460-463 (1974).
Cf. Pacific Gas
& Electric Co. (Stanislaus Nuclear Project, Unit 1) LBP-78-2ii 7 NRC 1038, 1040 (1978).
See Hickman v. Taylor, 329 U.S. 495, 501, 507 (1947) where the Supreme Court stated that civil trials in federal courts need not be carried on in the dark and that mutual knowledge of all the relevant facts gathered by both parties is essential to proper litigation.
g.-.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
. BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of DAIRYLAND POWER COOPERATIVE Docket No. 50-409
-(La Crosse Boiling Water Reactor)
(FTOLProceeding)
CERTIFICATE OF SERVICE I hereby certify that ' copies' of "NRC STAFF MOTION TO COMPEL DISCOVERY" 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 by deposit in the Nuclear Regulatory Commission internal mail system, this 13th day of March, 1980:
Charles Bechhoefer, Esq., Chairman
- Robert H. Owen, Jr., Esq.
Atomic Safety and Licensing Board 2327 Willard Avenue Panel' Madison, Wisconsin 53704 U.S. Nuclear Regulatory Commission Washington, D. C.-
20555 Dr. George C. Anderson
- 0. S. Hiestand, Esq.
Department of Oceanography
.Kevin Gallen. Esq.
University of Washington Morgan, Lewis & Bockius Seattle, Washington 98195 1800 M Street, N.W.
Washington, D. C.
20036 Mr. Ralph S. Decker Route 4, Box 1900 Fritz Schubert, Esq.
Cambridge, Maryland.21613 Staff Attorney Dairyland Power Cooperative 2615 East Ave., South
-George R. Nygaard La Crosse, Wisconsin 54601 Mark Burmaster.
Anne-K. Morse -
Atomic Safety and Licensing Coulee Region Energy Coalition Appeal Board
- P.O. Box 1583 U.S. Nuclear Regulatory Connission
-La Crosse, Wisconsin 54601 Washington, D. C.
20555 Frank Linder Atomic Safety and Licensing General Manager Board Panel
- Dairyland Power Cooperative U.S. Nuclear Regulatory Commission 2615 East Ave., South Washington, D. C.
20555 La Crosse, Wisconsin 54601-9 4
-l Docketing and Service Section*
U.S. Nuclear Regtniatory Commission Washington, D. C.
20555 Senator Allen R. Carter, Chairman Joint Legislative Conmittee on Energy P.O. Cox 142 Suite 513 Senate Gressette Building Columbia, SC 29202 44r Colleen P. Woodhead Counsel for NRC Staff 4
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