ML19338G460
| ML19338G460 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 10/24/1980 |
| From: | Fahner T, Vranken J ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8010290391 | |
| Download: ML19338G460 (4) | |
Text
.
October 24, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,~
i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
In'the Matter of
)
)-
GENERAL ELECTRIC COMPANY
)
Docket No. 70-1308
)
(Renewal of SNM-1265)
-(GE Morris Operation Spent Fuel
)
Storage Facility)
)
RESPONSE IN OPPOSITION TO MOTION FOR SANCTIONS NOW COMES Intervenor People of the State of Il-linois, by TYRONE C.
FAHNER, Attorney General of the State of Illinois, and in opposition to General Electric Company's Motion for Sanctions states as follows:
4
- 1. On,0ctober 15, 1980, Illinois filed a Motion to-Stay Proceedings in this cause.
For the reasons set out in that.
motion the Board should not rule on General Electric Company's l
Motion for-Sanctions at this time.
i j
2.
In any' event, as is clear from the content of Gen-I eral Electric Company's motion, it is not a motion for sanctions but is really a' motion for summary. disposition.
- 3. Illinois responded to General Electric Company's discovery.as fully as it could.
Apparently General Electric
-Company is not satisfied with those answers; it seems to believe that what Illinois has disclosed does.not support certain of Il-j llinois' contentions.
4
{
8010290
_1_
}
4.
If that is General Electric Company's claim, its remedy is a motion for summary disposition, not a motion-for sanctions.
5.
Should' General Electric Company file such a motion the Board could-then decide if there are any material issues of
_ fact in dispute and whether any of Illinois' contentions should be dismissed.
- 6. However,tthe Board should not grant summary dispos-ition under the guise of sanctions for failure to comply with. dis-I covery.
WHEREFORE, Intervenor, People of the State of Illinois requests that the Board stay any decision on General Electric Comp-any's motion or in the alternative that the Board deny it.
1 Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS TYRONE C.
FAUNER Attorney General j
State of Illinois i
i BY: Nu tes AZu/
J,0HH VAN VRANKEN Nssistant Attorney General Environmental Control Division
-188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312)793-2491 l._ _
h UNITED STATES OF AMERICA NUCLEAR REGULATORY COm1ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF GENERAL ELECTRIC
)
- COMPANY,
)
) Docket No. 70-1308 (GE Morris Operation' Spent Fuel
) (Renewal of SNM-1265)
Storage Facility)
)
CERTIFICATE OF SERVICE I hereby certify that copies of RESPONSE IN OPPOSITION TO MOTION FOR SANCTIONS in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class postage, at the Post Office at 160 North LaSalle Street, Chicago, Illinois 60601.
Andrew C.
Goodhope, Esq.
Edward Firestone, Esq.
Chairman Legal Operation 3320 Estelle Terrace General Electric Company Wheaton, Maryland 20906 175 Curtner Avenue Mail Code 822 San Jose, California 95125 Dr. Linda W.
Little 5000 Hermitage Drive Raleigh, North Carolina 27612 Atomic Safety & Licensing Board Panel U.S.
Nuclear Regulatory Commission Dr. Forrest J.
Remick Washington, D.C.
20555 305 E.
Hamilton Avenue State Col 19ge, Pennsylvania 16801 Atomic Safety & Licensing Appeal Panel U.S. Nuclear Regulatory Commission Bridget Little Rorem Washington, D.C.
20555 Essex, Illinois 60935 Ronald Szwajkowsl.i, Esq.
Marjorie Ulman Rothschild Mayer, Brown & Platt Office of the Legr_ Director 231 South LaSalle Street U.S. Nuclear Regulatory Commission Chicago, Illinois 60604 Washington, D.C.
20555
. 1
Docketing & Service Section E"erett Jay Quigley
.' Office of the Secretary R.R.
1, Box 378 U.S. Nuclear Regulatory Commission Kankakee, Illinois 60901 Washington, D.C.
20555 Mrs. Elaine Walsh (Patrick)
Robert Cushman 33 Pheasant Trail Cherry, Flynn & Kanter Wilmington, Illinois 60481 One IBM Plaza Chicago, Illinois 60611 J bv
/b'If/
JOHN VAN VRANKEN V
l 8
October 24, 1980 4
t 1
1 2
i !
- ' ~ -
., _