ML19330A909

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Memorandum Advising That ASLB 800715 Memorandum & Order Has Dual Purpose of Setting Scope of Commission Discovery Authority & Establishing Schedule for Litigation of Emergency Planning Issues
ML19330A909
Person / Time
Site: Crane 
Issue date: 07/23/1980
From: Smith I
Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-SP, NUDOCS 8007290739
Download: ML19330A909 (2)


Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

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ATOMIC SAFETY AND LICENSING BOARD JUL.2 41980 * :-

Ivan W. Smith, Chairman

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8 Dr, Walter H. Jordan CN.jff;8[$fcf Dr. Linda W. Little sacch q

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In the Matter of

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METROPOLITAN EDISON COMPANY

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Docket No. 50-289-SP

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(Three Mile Island Nuclear '

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Station, Unit No. 1)

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MEMORANDUM Mr. Sholly telephoned the chairman on July 21, 1980 to inquire whether the board's Memorandum and Order Resuming Schedule for Discovery and Contentions on Emergency Planning, dated July 15, 1980, was inteaded to control the schedule for discovery of Commonwealth and local government emergency plans.

The resumed schedule has the dual purpose of setting the time within which the Commission's discovery authority may be e= ployed and establishing a schedule which will bring the parties to hearing ready for litigating emergency planning issues.

To the extent that the Commonwealth and local governments are will-ing to provide information voluntarily, the use of the NRC dis-covery process is not required.

In that case, parties may proceed to gather information voluntarily provided whenever they choose.

The Commonwealth has indicated that it does not regard itself as

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8007290 M 4

O subj ect to NRC discovery rules, but will nevertheless provide information.

Local governments, not parties to the proceeding, are not subj ect to normal discovery, but they may be subj ect to subpoenas when the need is demonstrated.

Even though parties may arrange the timing and conditions 4

for requesting _ data between themselves and the Commonwealth and local governments, the schedule would still be applicable as it relates to the filing of revised emergency plan contentions and-the schedule would be considered in assessing a party's diligance in preparing for hearing on the issue.

THE ATOMIC SAFETY AND ICENSING BOARD h

Ivan W.

Smith, Chairman Bethesda, Maryland July 23, 1980 9

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