ML19329G107
| ML19329G107 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/18/1980 |
| From: | Adler T THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19329G108 | List: |
| References | |
| NUDOCS 8007140008 | |
| Download: ML19329G107 (3) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289 m
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JUL 81980 > 3 Office of t!:e Secretwy TMIA'S RESPONSE TO LICENSEE'S RESPONSE gs 4deg[ce g;
TO TMIA'S MOTION TO COMPEL FOLLOW-ON
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DISCOVERY OF LICENSEE D
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This Response is filed pursuant to a Board Memcrandum dated June 6,1980.
In it, the Board requests TMIA to address the issue of timeliness of the filing of the Motion to Compel.
Licensee's argument that TMIA's Motion to Compel was not timely filed assumes that the Board's Order of May 5,1980, governs the timeliness of this particular Motion (see Licensee's Response, page 2).
The Board's Order of May 5,1980, was received and became effective on May 9,1980. TMIA's receipt of the information upon which it based its follow-up interrogatories was May 6,1980. Since the new information was available before the effectiveness of the new Order, TMIA concluded that a11 Motions and Responses related to this deposition were governed by rules in effect on May 6,1980, more specifically,10 C.F.R. 240(f), which governs the timeliness of filing Motions to
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10 C.F. R. 2.740(f) states that "the deposing party or the party submitting the request may move the presiding officer, within ten (10) days after the date of the response or after failure of a party to respond to the request for an order compelling a response or inspection in accordance with the request."
Licensee's objection was filed May 15,1980. 10 C.F.R. 2.710 adds five (5) days to the prescribed period for mailing. Therefore, TMIA's Motion to Compel Discovery filed May 29,1980, was within the prescribed time perio'.
d The information requested for by TMIA's follow-up interrogatories is crucial in.devehping a complete record on the management issue. TMIA's follow-up inter-rogatories were timely filed and relevant (see TMIA's Motion to Compel Discovery filed May 29, 1980). It is also evident from the above discussion that TMIA's Motien to Ccmpel was filed in a timely manner.
Therefore, pursuant to 2.740(f), TMIA requests that the Board issue an Order compelling Licensee to respond to TMIA's follow-up interrogatories.
Respectfully submitted, WIDOFF, REAGER, SELKOWITZ & ADLER, P.C.
By:
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Theodore'A. Adler l
P. O. Box 1547 l
Harrisburg, PA 17105 L
(717) 763-1383 l
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Dated: June 18,1980.
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CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the foregoing document, TMIA's Response To Licensee's Response To TMIA's Motion To Compel Follow-On 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 Atcmic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, TN 37830 Dr. Linda W. Little 5000 Hermitage Drive Raleigh, NC 27612 George F. Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge 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 C
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Theodore A. Adler Dated: June 18,1980
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