ML19312D820

Statement in Support of M Aamodt Request for Extension Until 800417 Re Followup Interrogatories & Depositions.Urges ASLB to Consider That 14-day Deadline for Interrogatories & 30 Days for Documents Are Not Sufficient.W/Certificate of Svc

ML19312D820
Person / Time
Site:	Three Mile Island
Issue date:	03/31/1980
From:	Carter K PENNSYLVANIA, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005050173
Download: ML19312D820 (6)

Text

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UNITED STATES OF AMERICA NUCLEAR PJDGUIATORY cot +1ISSION BEEORE 71IE ATOMIC SAFEIY AND LICENSING PIARD c3 h t'

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STATEMENT OF COttDNNFAL111 OF PBJNSYLVANIA O/ d- y IN SUPPORT OF AMOUT REQUEST FOR EXTENSION OF TIME In a notion dated March 26, 1980, Mrs. Furjorie Aamodt requested an extension of time until April 17, 1980, for follow-on interrogatories and depositions. hhile the Camorraealth certainly has no objection to her request, w think that Mrs. Aanodt needs to recalculate the time involved for responses and ask the Board to give her - and the Camenwealth - an even later deadline thana April 17, if she really desires to nuke efficient use of such discovery methods. One elenent in the recalculation should be the fact that the Camorrmalth was not served with a reproducible copy of Mrs.

Aanodt's third set of interrogatories until March 19, although it was served with a barely legible copy one or tm days earlier. The conmonwealth expects ,

to be filing its answers to this set of interrogatories in a timely fashion ,

this week (nost probably on April 2). If Mrs. Aamodt wishes to file follow-on interrogatories regarding this set of answers, she would be able to serve than on the Ccrmonwealth no earlier than hbrday, April 7. If we spend 14 days answering these interrogatories, Mrs. Aanodt would receive them no

earlier than April 22, which is later than the April 17 deadline.

In addition, the Camonwealth was served on bhrch 27, 1980 with Mrs. Aamodt's follow-on interrogatories to her first two sets of interrogatories to the Camonwealth. Considering the number of individuals and agencies involved in answering these follow-on interrogatories, the C%rmonwealth is going to have to exert considerable effort just to answer all these interrogatories and document requests by April 10, which would be the 14-day deadline. Mrs. Aamodt would receive these responses either on April 11 or April 14. If Mrs. Aamodt mails her notice of deposition inmediately thereafter, a thirty-day period for arranging the depositions (which m muld need if many individuals are involved) would fall on approxi-mately bhy 15.

The Camonwealth believes that Mrs. Aanodt has been diligent - as has the Camenwalth - in trying to use the discovery process in a manner which would help create a full and ccuplete record. We also note that Mrs.

Aamodt alone has conducted discovery on the CamonCth on agricultural issues (although ANGRY has also asked for and received the Camonwealth's Department of Agriculture cmergency plan) .

The Camenwalth has discussed the foregoing in a recent telephone call to Mrs. Aanodt, and we urged her to rethink her schedules and revise her request. The Camenwealth, of course, is under no legal obligation under NFC rules to respond to discovery requests. However, we m uld urge the Board, when ruling on Mrs. Aamodt's request for extension, to assume that the Camon-Walth will be responding to interrogatories and document requests in the same fashion as it has heretofore in the proceedings, and we will do our best to abide by any revised schedule which the Board might impose on Mrs. Aanodt. By the same token, we would ask the Board to recognize that with respect to Mrs.

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r Aamodt's discovery, several state agencies and individuals have been involved in formulating responses, and that the 14-day deadline for interrogatories and 30-day deadlines for documents and arranging of depositions are barely enough.

Respectfully subnitted, 1 KARIN W. CARTER Assistant Attorney General Counsel for the Camonwealth of Pennsylvania

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UNITED STATES OF AIERICA l IUCLEAR REGULATORY 00t44ISSION  :

l BEFORE 11E ATOMIC SAFETY AND LICENSIIC BOARD In the Matter of  :

MEIROPOLITAN EDISON COMPANY,  :

Docket No. 50-289 (Three Mile Island Nuclear  : (Restart)

Station, Unit No. 1)  :

CERTIFICATE OF SERVICE I hereby certify that copies of the Statement of Conmonwealth of Pennsylvania in Support of Aamodt Request for Extension of Time were served upon those persons on the attached Service List by deposit in the United States thil, postage prepaid, this 31st day of March, 1980.

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YARIN W. CARTER Assistant Attorney Ceneral Dated: March 31, 1980

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SERVICE LIST George F. Trowbridge, Esquire Theodore A. Adler, Esquire Shaw, Pittran, Potts & Trowbridge Widoff, Reager, Selkowitz & Adler 1800 M Street, N.W. P. O. Box 1547 Washington, D.C. 20006 Harrisburg, Pennsylvania 17105 Ms. Marjorie M. Ascodt Ivan W. Smith, Esquire R.D. #5 Chairman Coatesville, Pennsylvania 19320 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ca miasion Ms. Holly S. Keck, Iag Chairman Washington, D.C. 20555 Anti-Nuclear Group Representing York (ANGRY) Dr. Walter H. Jordan 245 W. Philadelphia Street Atomic Safety and Licensing Board Panel York, Pennsylvania 17404 881 West Outer Drive Oak Ridge, Tennessee 37830 Ms. Frieda Berryhill, Chairran Coalition for Nuclear Power Dr. Linda W. Little Plant Postponement Atomic Safety and Licensing Board Panel 2610 Grendon Drive 5000 Hermitage Drive Wilmington, Delaware 19808 Raleigh, Ibrth Carolina 27612 Mr. Robert Q. Pollard Docketing and Service Section 609 Montpelier Street Office of the Secretary Balitmore, Maryland 21218 U.S. Nuclear Regulatory Cem ,4asion TAshington, D.C. 20555 Walter W. Cohen, Esquire Consuner Advocate Ellyn R. Weiss Depu m t of Justice Sheldon, Harmon, Roisran & Weiss Strawberry Square, 14th Floor 1725 I Street, N.W.

Harrisburg, Pennsylvania 17127 Suite 506 Washington, D.C. 20006 Dr. Chauncey Kepford Judith H. Johnsrud Karin P. Sheldon, Esq. (PANE)

Enviwuaental Coalition on Nuclear Sheldon, Harnen, Roisran & Weiss Power 1725 I Street, N.W., Suite 506 433 Orlando Avenue Washington, D.C. 20006 State College, Pennsylvania 16801 James A. Tourtellotte, Esquire i

Mr. Steven C. Sholly Office of the Executive Legal

! 304 South Market Street Director Mechanicsburg, Pennsylvania 17055 U.S. Ikclear Regulatory Commission Washington, D.C. 20555

John A. Imvin, Esquire Jordan D. Cumingham, Esquire Assistant Counsel Attorney for Neherry Township Pennsylvania Public Utility T.M.I. Steering Lomittee C W asion 2320 North Second Street P.O. Box 3265 Harrisburg, Pennsylvania 17110 Harrisburg, Pennsylvania 17120 Marvin I. Lewis Robert L. Knupp, Esquire 6504 Bradford Terrace Assistant Solicitor Philadelphia, Pennsylvania 19149 County of Dauphin P.O. Box P Jane Lee 407 North Front Street R.D. 3, Box 3521 Harrisburg, PA 17108 Etters, Pennsylvania 17319 John E. Minnich Chaitran, Dauphin County Board of Comissioners Dauphin County Courthouse Front and Market Streets Harrisburg, Pennsylvania 17101