ML19312F004
| ML19312F004 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 06/12/1980 |
| From: | Sekuler S ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006180333 | |
| Download: ML19312F004 (7) | |
Text
.
c k
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION r.p;-
rym
/,
BEFORE 'IT!E ATOMIC SAFETY AND LICENSING BOARD
! ^
'~'
p 1
~,..
IN THE MATTER OF GENERAL
)
ELECTRIC COMPANY,
)
Docket No. 70-1308 (Renewal of Materials License
)
No. SNM-1265)
)
MOTION FOR EXTENSION OF TIME The People of the State of Illinois (Illinois) hereby moves the Atomic Safety and Licensing Board to extend the period to complete the First Round of Discovery Requests until July 30, 1980 or until 30 days after receipt of the Staff's Safety Evaluation Report (SER), whichever date is later.
Illinois also moves the Board to extend the corresponding dates to file objections and answers to provide a minimum of fourteen days from the final filing of discovery requests to make objections and a minimum of 60 days from the last date to file discovery requests for completion of answers.
Although Illinois does not contest the wisdom of settlug a discovery schedule, it does consider a schedule which does not allow sufficient time to develop adequate discovery requests based on sufficient information to be wasteful, unproductive and prejudicial A
to its position as an intervencr.
A schedule which allows less than 30 days for the completion of all interrogatory answers, depositions and production of documents is unrealistic in our experience.
.scaelso333 g
The specific reasons for Illinois' motion are set forth below.
1.
The Proposed NRC Staff Schedule calling for a June 30, 1980-closure date, set forth in its April 4, 1980 filing, anticipated the issuance of the Staff Environmental Impact Appraisal (EIA) by April 30, 1980 and the issuance of the Staff Safety Evaluation Report (SER) by May 30, 1980.
The Staff presumed as well that the Board's order would be issued on May 30, 1980.
Thus, the June 30 date proposed by the staff presumed 30 days notice of the close of discovery.
The proposal also presumed that all parties would have had 60 days and 30 days respectively to receive, analyze and use the EIS and SER in formulating discovery requests.
The EIA was received by Illinois on June 9, 1980.
Prior to that date Illinois had no knowledge that the EIA had been issued.
At the present date Illinois has not received the SER.
The Board Order concerning discovery, though dated June 4, 1980 was not received until June 10, 1980.
Therefore a June 30, 1980 date for close of discovery would allow only 20 days for Illinois to review the record, EIS and other available documents.
Additionally any discovery requests made before June 30, 1980 could not take into consideration the information being assembled by the NRC Staff in the SER. This will inevitably lead to additional discovery requests j
which may be shown to be unnecessary after the SER is issued.
l
. 2.
General Electric Company stated in its filing of April 4, 1980 that 30-45 days would be necessary from the date of notice to complete discovery.
Illinois understooC this date to refer to that for the final filing of discovery requests.
This schedule would also lead to a July completion date for filing discovery.
A reasonable time would be necessary to object to and/or answer the discovery.
3.
To require all discovery requests to be filed no later than June 30, 1980 would be extremely burdensome to Illinois.
The two attorneys assigned to this case have several commitments which will make it close to impossible to complete discovery requests by the June 30, 1980 date.
Assistant Attorney General Anne Rapkin is obligated, among her other responsibilities, to complete briefs in the following cases:
Illinois Pollution Control Board Rulemaking, PCB 71-9, 80-1, due June 20, 1980; Pecple v. Landrieu, Federal District Court for the Northern District, No. 80 C 0583 due June 25, 1980; People v. Kerr McGee, Federal District Court, No. 80 C 2776, due July 3, 1980.
. Assistant Attorney General Susan Sekuler has among her other responsibilities the following:
In the .tter of Northern Indiana Public Service Co.
(Bailly Construction Permit Extension) No. 50-367 CPA, Contentions and Stipulations.lue June 25, 1980, Response to Provisional Order of the ASLB, due June 25, 1980; In the Matter of Nuclear Engineering Company (Sheffield Low Level Radioactive Waste Dispasal Site) No. 27-39, Prehearing Conference scheduled for June 26, 1980 in Peoria, Illinois; People of the State of Illinois v.
United States Department of Energy, No. 79 C 1417, appeal to be filed in Court of Appeals for the Seventh Circuit prior to June 30, 1980; In the Matter of Commonwealth Edison, (Zion Spent Fuel Pool Storage Expansion, on Appeal) Nos. 50-295, 50-304, oral argument scheduled for July 1, 1980 in Bethesda, Md.
Assistant Attorney General Dean Hansell, who was previously of counsel in this case will be on an extended leave of absence as of June 20, 1980 and is therefore unavailable to assist with discovery.
The absence of the SER, the extreme short notice of the discovery completion date and the resultant conflict of attorneys' schedules lead Illinois to pray that this Board will extend the dates for discovery as indicated in our motion.
Motion for Extsnsion of Tim 3, NRC No. 70-1308 Respectfully submitted, I
i
(% OJ f 4/\\
V n
.i SUSAN N.'SEKULER Assistant Attorney General Environmental Control Division 188 West Randolph, Suite 2315 Chicago, Illinois 60601 (312) 793-2491 OF COUNSEL:
ANNE RAPKIN Assistant Attorney General Environmental Control Division 188 West Randolph, Suite 2315 Chicago, Illinois 60601 (312) 793-2491 DATED:
June 12, 1980 l
t
AFFIDAVIT I,
SUSAN N.
SEKULER, being duly sworn and under oath depose the following:
1.
I am an Assistant Attorney General in the Environmental Control Division,of the Illinois Attorney General's office; 2.
I am of counsel in the Matter of General Electric Co. (Renewal of NRC Materials License No. SNM-126 5) ;
3.
That all facts stated in the foregoing motion for extension of time are true to the best of my knowledge and belief.
A d'/ ('4V g
\\ SUSAN N.
SEKULER SUBSCRIBED AND SWORN TO BEFORE ME THIS 12th day of June, 1980.
NOTARY PUBLIC
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF GENERAL
)
ELECTRIC COMPANY,
)
ocket No. 70-1308 (Renewal of Materials License
)
No. SNM-126 5)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of MOTION FOR EXTENSION OF TIME in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, through deposit in the Post Office at 160 North LaSalle, Chicago, Illinois 60601.
Andrew C.
Goodhope, Esq.
Atomic Safety & Licensing Chairman Board Panel 3320 Estelle Terrace U.S. Nuclear Regulatory Commission Wheaton, MD 20906 Washington, D.C.
20555 Dr. Linda W.
Little Atomic Safety & Licensing 5000 Hermitage Drive Appeal Panel Raleigh, NC 27612 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Forrest J. Remick 305 E. Hamilton Avenue Docketing & Service Section State College, PA 16801 Office of the Secretary U.S. Nuclear Regulatory Commission Ronald Szwajkowski, Esq.
Washington, D.C.
20555 Mayer, Brown & Platt 231 South LaSalle Marjorie Ulman Rothschild Chicago, Illinois 60604 Office of the Legal Director U.S. Nuclear Regulatory Commission Bridget Little Rorem Washington, D.C.
20555 Essex, Illinois 60935 Everett Jay Quigley Edward Firestone, Esq.
R.R.
1 Box 378 l
Legal Operation Kankakee, Illinois 60901 General Electric Company 175 Curtner Ave., Mail Code 822 Mrs. Elaine Walsh (Patrick)
San Jose, CA 95125 33 Pheasant Trail l
Wilmington, Illinois 60481 l
q J & %\\
l SUSAN N.
SEKULER l
!