ML19323H290

Motion for Order to Compel Licensee Substantive Responses to Intervenor TMI Alert 800513 Followup Interrogatories. Licensee Raised No Objection to Initial Questions When Propounded.Certificate of Svc Encl

ML19323H290
Person / Time
Site:	Three Mile Island
Issue date:	05/29/1980
From:	Adler T THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006120335
Download: ML19323H290 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING BOARD J

In the Matter of

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289 c\ S

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TMIA'S MOTION TO COMPEL tw

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(ff DISCOVERY OF LICENSEE b On May 13,1980, TMIA served upon Licensee ten follow-on interrogatories based upon the deposition of Licensee employee Diane Kay Gee. Ms. Gee's deposi-1 tion was taken on March 31, 1980. At the insistence of the Licensee, the signing cf the deposition by Ms. Gee was not waived. This waiver is specifically authorized pursuant to Federal Rules of Civil Procedure 30(e) . In the absence of such a waiver, the deposition must be signed by the witness within thirty (30) days of the submission to him. During that period, the witness may make "any changes in form or substance which the witness desires. . . ." In the absence of a waiver, the deposition does not become of record untilit has been signed. For example, it has been held that if the deposition is not signed, its entire contents may be subject to a motion to suppress. Smith v. Insurance Co. of North America (MD Tenn.1962) 30 FRD 534.

1 Licensee, in its response, claims that the deposition was taken March 13,1 0.

It is assumed that this is a typographical error.

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Licensee seeks to reserve to itself the right to review the deposition and make any changes it deems appropriate, while at the same time insisting that TMIA propound follow-on interrogatories based upon an, as yet, incomplete deposition.

We submit that this is not an acceptable practice. TMIA received the signed depo- -

sition of Ms . Gee on May 6,1980, and filed follow-on interrogatories on May 13, 1980. This, we submit, is within the time frame established by this Board's Order.

Licensee also claims that the interrogatories are irrelevant to TMIA's contention. At the outset, it should be noted that Licensee's counsel, who was present during Ms. Gee's deposition, raised no objections at the time the initial questions were propounded. The thrust cf TMIA':., interrogatories is that Licensee neglected critical quality assurance staffing and subsequent reorganizations after the accident cccurred. Furthermore, despite Licensee's assertien that the crack-ing of pipes at TMI-1 is a " post-TMI-2 accident matter," Ms. Gee's deposition indicates that the problems were identified "before the accident. . . ."

TMIA therefore moves the Board for an Order compelling Licensee to expeditiously provide TMIA with full and substantive respenses to TMIA's fellow-on interrogatories . .

2 See page 9 of Ms. Gee's deposition.

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Respectfully submitted, WIDOFF, REAGER, S2*.KO7l:T" a ADLER, P.C.

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By: '

/ Theodore A. Adler P . O . Box 1547 Harrisburg, PA 17105 (717) 763-1383 a

Dated: May 29,1980 I

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CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy cf the foregoing dccument, TMIA's Motion To Compel Discovery Of Licensee, to be placed in the .

United States mail, first-class, postage prepaid, addressed to the persons listed below:

Ivan W. Smith, Chairman Atomic Safety & Licensing Board Fanel U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Walter H. Jordan g

\g 881 West Guter Drive' Oak Ridge, TN 37830 # -

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Dr. Linda W. Little U20 Y 5000 Hermitage Drive '

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Raleigh, NC 27612 0 C.'.?: - ' m .--..

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George F. Trowbridge, Esquire 'h $$['

Shaw, Pittman, Potts & Trowbridge N' 1800 M Street, N.W.

Washington, DC 20006 Docketing and Service Section U .S . Nuclear Regulatory Commission Washington, DC 20555 Executive Legal Director U .S. Nuclear Regulatory Commission Washington, DC 20555

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/ Theodore A. Adler Dated: May 29,1980

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