ML19329C362
| ML19329C362 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 01/07/1975 |
| From: | Lessy R, Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8002130727 | |
| Download: ML19329C362 (7) | |
Text
1 U iITED STATES OF A" ERICA ATO 1IC E!!ERGY C0"t:ISSION BEFORE T!iE ATG:'IC SAFETY A?!D LICE'! SIT lG FARD In the Matter of
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THE TOLECO EDISO:: CC:'?ANY and
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THE CLEVELA :D ELECTRIC ILLU:'IIIATIi:3
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AEC Docket No. 50-3M A CO:1PA'iY
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(Davis-Sesse :iuclear Fcwer Station)
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THE CLE'! ELAND ELECTRIC ILLUMINATING
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AEC Docket l'cs. 50-440A CCFPA;Y, ET AL.
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50-441A (Perry T:uciear Pc.iar P1 ant,
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SUPPLE" ENTAL STATE"~NT SY AEC REGU_ATORY STAFF ON ITS l'OTIO: TO CCP EL n a,.i c_ e..v.
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INTROCUCTION By Order dated December 23, 1974, this Board granted Staff's request for oral arguments cn Staff's " Motion For Order Ccmsellicg Productica and Celivery of Occuments Requestad cf Acolicants".
The Scard's Ordec s et January 3,1975 as the date for oral arguments, aith briefs due January 2, 1975 and sucplemental briefs or menorandums, if any, to be filed ca er before January 7,1975.
At the oral argument Staff 2dvised the Scard tnat it would submit a statement of Staff's pcsition on expenses relating to the oroduction and delivery of documents. Staff will also take this coportunity to briefly respcnd to Aoplicants' Motion for a Protective Order filed with the 3 card on January 3,1975.
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STAFF'S POSITION 03 EXPEi'SES If this Board were to grant Staff's Motion requiring the production and delivery of certified copies of documents requested by Staff pursuant to the Joint Request for Interrogatories and For Production of Documents dated August 23, 1974, it is the Staff's position that any expenses in-curred by Applicants should be borne by Applicants.
If the Board were to ordar that dccuments be oroduced at a central depository in Washington, D.C., it is Staff's position that Aoplicants should bear the cost of freight and overhead connected with the delivery and return of said documents to and from said depository and that Staff should bear the cost of making all copies required by Staff in excess of 12,000 pages. Staff would compensate Apolicants for all costs of repro-duction of docunents desi red by the Staff in excess of 12,000 document pages by supplying paper, ink and labor for said copies.
Staff's pcsition on expenses with rescect to a central document depository in Washington, D.C. is in conformity with Section 2.S0 of the
" Manual for Cccalex Litigation (CCH Edition 1973, p. 39)" which provides as follows:
In multidistrict litigation in which the establishment of a document depository is not agreeable to the parties possessing the documents and is not clearly required, the court may provide that partias produce the documents or establish a central depository at the elec-tion of the parties.
The expense of the document depository should ordinarily be borne by the party who maintains the decository and who benefits by being re-lieved of the obligation of making multiole production of the same documents, particularly in multidistrict cases.
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APPLICANTS' MOTICM FOR PRCTECTIVE CRCER IS.";0T TI"ELY In addition to die authority set forth in pages 5-9 of the "Srief Of AEC Regulatcry Staff Cn Its "otion To Compel Production And Delivery Of Documents" and the authorities relied on by Staff in its oral argument, Staff would like to make the following additional comments on Applicants' Motion.
The sole authorit/ for A plicants' argument that their motion is timely is 4A " core Federal Practice paragraoh 30,19 (2) (1974).
Howeve r,
this factual scur:e, does not rely on any dacided cases in supcort of its view that tnere is no ticeliness requirement for such Motion.
In this regard, the Board's attention is directed to Power v. Stancard Industries. Inc., 55 F.R.D.173 (D.C. P.R.1972) in which the court held that a motion for a protective order must be seasonably made. This case is in general conform.i ty with 8 Wright & Miller, Fedcral Practice of Procedure (1970) Section 2035 and other decisions, including Krant: v. U.S. 55 F.R.D. 555 (D.C. W.D. Va.
1972) holding that one cannot wait an unreasonable crount of time before objecting to delivery methods. Finally, the general requirements of reasonable-ness and the orderly conduct of hearings necessitate that a motion for a protective order concerning the production of documents should not be considered
_. tirely filed if it is filed one month after the date for comaletion of docu:r.entar/ discovery.
Respectfully submitted, F
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1CO 3r Assis:are. 'nti trus t Couns el for AEC Pecula:orf S:sff Y.
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Roy f. Les sy, J r.
Counsel for AEC Regulatory Staff Dated at 5c2esda, :br/ land this 7th day of January 1975.
UNITED STATES 0F AMERICA-
-ATOMIC' ENERGY COMMISSION
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BEFORE THE ATOMIC SAFETY At!D LICENSING BOARD In the Matter of
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THE TOLEDO EDISON COMPANY and THE CLEVELAND ELECTRIC ILLUMINATING )
COMPANY
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(Davis-Besse Nuclear Power Station)
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AEC Dkt. flos. 50-346A
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50-440A THE CLEVELAND ELECTRIC ILLUMIilATING )
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(Perry Nuclear Power. Plant,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of SUPPLEMENTAL STATEMENT BY AEC REGULATORY STAFF ON ITS MOTI0il TO COMPEL PRODUCTION AND DELIVERY OF DOCUMENTS, dated January 7,1975, in the captioned matter, have been served upon the following by deposit in the United States mail, first class or air mail, this 7th day of January 1975:
4 John B. Farmakides, Esq., Chairman Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary i
U. S. Atomic Energy Commission U. S. Atomic Energy Commission Washington, D. C.
20545 Washington, D. C.
20545 i
John H. Brebbia, Esc.
John Lansdale, Esq.
Atomic Safety and Licensing Board Cox, Langford & Brown Alston, Miller & Gaines 21 Dupont Circle, N. W.
1776 K Street, fl. W.
Washington, D. C.
20036 Washington, D. C.
20006 Joseph J. Saunders, Esq.
Douglas V. Rigler t
n Ch Foley, Lardner, Hollabaugh fn
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& Jacobs Department of Justice Washington, D. C.
20530 n
cut Avenue, N.W.
Washington, D.C.
20006 Reuben Goldberg, Esq.
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_ David C. Hjelmfelt, Esq.
Atomic Safety _ and Licensing 1700 Pennsylvania Avenue, H. W.
Board Panel Washington, D. C.
20006 U. S. Atomic Energy-Commission
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20545 Frank R. Clokey, Esq.
Special Assistant Attorney General i
Room 219, Towne House Apartments Harrisburg, Pennsylvania 17105 ee w--
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Herbert R. Whiting, Director Dwight C. Pettay, Jr.
Robert D.. Hart, Esq.
Assistant Attorr.cy General Department of Law Chief, Antitrust Section 1201 Lakeside Avenue 30 East Broad Street,15th Floor Cleveland, Ohio 44114 Columbus, Ohio 43215 John C. Engle, President-George Chuplis AMP-0, Inc.
Commissioner of Light & Power Municipal Building City of Cleveland 20 High Street 1201 Lakeside Avenue Hamilton, Ohio 45012 Cleveland, Ohio 44114 George B. Crosby Deborah Powell Highsmith Director of Utilities Assistant Attorney General Piqua, Ohio 45350 Antitrust Section 30 East Broad Street,15th Floor Donald H. Hauser, Esq.
Columblis, Ohio 43215 Managing Attorney The Cleveland Electric Christopher R. Schraff, Esq.
Illuminating Company Assistant Attorney General 55 Public Square Environmental Law Section Cleveland, Ohio 44101 361 East Broad Street, 8th Floor Columbus, Chio 43215 Leslie Henry, Esq.
Fuller, Henry, Hodge & Snyder Mr. Raymond Kudukis, Director 300 Madison Avenue.
of Public Utilities Toledo, Ohio 43604 City of Cleveland 1201 Lakeside Avenue John R. White, Esq.
Cleveland, Ohio 44114 Executive Vice President Ohio Edison Ccecany Gerald Charnoff, Esq.
47 North Main Street Brad Reynolds, Esq.
Akron, Ohio 44308 Shaw, Pittman, Potts & Trewbridge 910-17th Street, N.W.
Thomas J. Munsch, Esq.
Washington, D. C.
20006 General Attorney Duquesne Light Company 435 Sixth Avenue Pittsburgh, Pennsylvania 15219 dallace L. Duncan, Esq.
Jon T. Brown, Esq.
Duncan, Brown, Weinberg & Palmer 1700 Pennsylvania Avenue, N. W.
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Roy P. Lessy David McNeil Olds Counsel for AEC Regulatory Staff Reed, Smith, Shaw & McClay Union Trust Building Pittsburgh, Pennsylvania 15230
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C STRIBlH10il:
REG Central Files #
(Public Document Room) l (Local Public Document Room)
A. Braitman, L:0AI (2)
ASLB J. Rutberg (3)
B. Vogler ASLAB (5)
OGC Fanaal Files (2)
OGC Reading File OGC Gmtn File Solicitor, GC H. K. Shapar T. Engelhardt
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