ML19323C655

Response in Opposition to Aamodt 800407 Request for Further Extension of Time to Take State of PA Depositions.Extension May Later Be Used as Excuse to Delay Testimony Prefiling & Hearing Commencement.Certificate of Svc Encl

ML19323C655
Person / Time
Site:	Three Mile Island
Issue date:	04/15/1980
From:	Zahler R METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005160455
Download: ML19323C655 (6)

Text

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Lic 4/15/80 ( DOCKETED \\

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UNITED STATES OF AMERICA Office of the Secretary NUCLEAR REGU1.' TORY COMMISSION g Dcchsting & Service f

Eraach 4/ f. 9 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 9L '

In the Matter of )

) .

METROPOLITAN EDISON COMPANf ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) ) I LICENSEE'S OBJECTION TO AAMODT REQUEST FOR FURTHER EXTENSION OF TIME On April 7, 1980, Mrs. Aamodt filed a request for a further extension of time within which to notice and take the deposition of unspecified officials of the Commonwealth of Pennsylvania.

The extension sought is until June 29, 1980, or well beyond the time for completion of discovery contemplated by the Board in its February 20, 1980 Memorandum on Revised Discovery Schedule and in its February 29, 1980 Fourth Special Prehearing Conference Order. While Licensee does not object to any accommodation for l

the taking of discovery that the Commonwealth may informally l 1

negotiate with Mrs. Aamodt, Licensee does object to the formal extension of time now being sought by Mrs. Aamodt'from the Board.

The extent of discovery between Mrs. Aamodt and the Common-wealth is somewhat complex. Mrs. Aamodt has filed four sets of l

initial interrogatories on the Commonwealth (served February 20, l

22, 25 and April 7, 1980). In addition, Mrs. Aamodt has filed two i

1

sets of " follow-on" interrogatories (both served on March 27, 1980), and apparently contemplates serving two more sets of

" follow-on" interrogatories. All of this has been, and can be, accomplished within the confines of the Board's Fourth Special Prehearing Conference Order without any extensions of time from the Board.

However, Mrs. Aamodt also seeks to take certain depositions after receipt of the " follow-on" discovery responses. Such a desire by Mrs. Aamodt is contrary to the Board's ruling in its Fourth Special Prehearing Conference Order. There the Board authorized "[o]ne round of follow-on discovery * *

• which may take any form including interrogatories, document requests or depositions" (id. at p. 23; see also paragraph numbered 5 at

p. 24). By filing additional interrogatories, Mrs. Aamodt has chosen to use that particular method of discovery.for " follow-on" rather than depositions. The Board never contemplated that a party would file " follow-on" interrogatories, followed by a third round of discovery thrcugh depositions. Moreover, the schedule proposed by Mrs. Aamodt for her " follow-on" depositions is overly extended.

For these reasons, Licensee opposes Mrs. Aamodt's request for an order from the Board to extend discovery. Of particular. concern to Licensee is that such an extension might later be used as an excuse to delay the time for the prefiling of testimony or the commencement of hearings. Licensee believes that the Commonwealth has been more than accommodating in responding to the numerous discovery requests of Mrs. Aamodt and we therefore see no reason

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for the Board to formally extend the period of discovery. It should be understood, however, that in Licensee's view the con-tinuing discovery by Mrs. Aamodt of the Commonwealth is being ,

l done on Mrs. Aamodt's time and does not constitute a basis for  !

delaying this proceeding. )

l Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: / '

/ Robert E. shler Dated: April 15, 1980

Lic 4/15/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Objection to Aamodt Request for Further Extension of Time", were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 15th day of April, 1980.

' Robert E. Zah 6r Dated: April 15, 1980 i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Jn the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST Ivan W. Smith, Esquire John A. Ievul, Esquire Chairman Assistant Counsel Atcmic Safety and Licensing Pennsylvania Public Utility Ccmn'n Board Panel Post Office Ecx 3265 U.S. Nuclear Pegulatory Cmmission Harrisburg, Pennsylvana.a 17120 Washington, D.C. 20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Assistant Attorney General Atcmic Safety and Licensing 505 Executive House Board Panel Post Office Bcx 2357 881 West Outer Drive Harrisburg, Pennsylvania 17120 Oak Ridge, Tennessee 37830 John E. Minnich Dr. Linda W. Little Chairman, Dauphin County Board Atcmic Safety and Licensing of Ccmnissioners Board Panel Dauphin County Courthouse 5000 Hermitage Drive Front and Parket Streets Raleigh, North Carolina 27612 Harrisburg, Pennsylvania 17101 James R. Tourtellotte, Esquire Walter W. Cohen, Esquire Office of the Executive Iacal Director Consumer Advocate U. S. Nuclear Regulatory Ccmmission Office of Consumer Advocate Washington, D.C. 20555 14th Floor, Strawberry Square Harrisburg, Pennsylvania 17127 Docketing and Service Section Office of the Secretary U. S. Nuclear Regulatory Ccmtu.ssion

. Washington, D.C. 20555 t

e

Jordan D. Cunningham, Esquire Karin P. Sheldon, Esquire

~

Attorney for Newberry Township Attorney for People Against Nuclear T.M.I. Steering Camittee Energy 2320 North Second Street Sheldon, Parman & Weiss Harrisburg, Pennsylvania 17110 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Theodore A. Mler, Esquire Widoff Reager Selkowitz & Adler Pobert Q. Pollard Post Office Box 1547 609 M:ntpelier Street Harrisburg, Pennsylvania 17105 Baltimore, Maryland 21218 Ellyn R. Weiss, Esquire Chauncey Kepford Attorney for the Union of Concerned Judith H. Johnsrud Scientists Enviuuuerital Coalition on Nuclear Sheldon, Hanton & Weiss Power 1725 Eye Street, N.W., Suite 506 433 Orlando Avenue Washington, D.C. 20006 State College, Permsylvania 16801 Steven C. Sholly Marvin I. Iewis 304 South Market Street 6504 Bradford Terrace Mechanicsburg, Pennsylvania 17055 Philadelphia, Pennsylvania 19149 Gail Bradford Marjorie M. Aamodt Holly S. Keck R. D. 5 Iagislation Chairman Coatesville, Pennsylvania 19320 Anti-Nuclear Group Pepresenting York 245 West Philadelphia Street York, Pennsylvania 17404 i

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