ML19339B027
| ML19339B027 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 11/04/1980 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011060192 | |
| Download: ML19339B027 (4) | |
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I-11/04/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 7 n;5Tmun0N a:acu un BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 500 NOV 5 Di 11 25 In the Matter of
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Docket /f%Q7g3 NUCLEAR ENGINEERING COMPANY, INC.
g C: Mn (Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site)
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NRC RESPONSE TO MOTION TO REOPEN DISCOVERY FILED BY NUCLEAR ENGINEERING COMPANY, INC.
On October 14, 1980, Nuclear Engineering Company, Inc. (NECO) filed a document entitled " Motion to Reopen Discovery." This motion requests that the schedule for discovery established by the Board in its September 9,1980 Order be modi-fied to allow discovery regarding an NRC Memorandum from John B. Martin, Director, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, dated October 6,1980 and the document the memorandum transmitted entitled " Characterization of Existing Surface Conditions at the Sheffield Low-Level Waste Disposal Facility." NECO requests that the Board's discovery schedule concerning these documents be extended for two weeks. This would allow NECO to file requests for discovery on the above documents by October 24.
By letters dated October 24, 1980, one addressed to the NRC Executive Director of Operations, William J. Dircks, and one to the Chainnan of this Board, Andrew C. Goodhope, Esq., NECO attached its " Nuclear Engineering Company's Requests For Admissions, Interrogatories, and Requests for Production of Documents to the NRC Staff with Respect to NUREG/CR-1683," dated October 24, 1980.
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l Due to the fact that the NRC's Memorandum and its attachment were received by l
NECO after the scheduled discovery date of October 10, 1980, the NRC has no objection to the instant motion.
However, due to the number and scope of NEC0's discovery demands the Staff requests that if the motion is granted, it be per-mitted twenty days from the entry of the order to file its answers or objections.
In sum, the Staff would not oppose the instant request for reopening the discovery in this proceeding so long as the discovery schedule is modified by the Board to allow the Staff sufficient time to respond to the discovery requests filed by NEC3.
Respectfully submitted,
,I l x Hen J. McGurren Counsel for NRC Staff Dated at Bethesda, Maryland this 4th day of November,1980
UNITED STATES OF AMERICA NUCLEAR REGULATORY COP 911SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NUCLEAR ENGINEERING COMPANY INC.
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Docket No. 27-39
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(Sheffield, Illinois Low-Level
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Radioactive Waste Disposal Site)
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1 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC RESPONSE TO MOTION TO REOPEN DISCOVERY FILED BY NUCLEAR ENGINEERING COMPANY, INC." in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 4th day of November,1980:
Andrew C. Goodhope, Esq.
Cornelius J. Hollerich, Esq.
3320 Estelle Terrace State's Attorney
' Wheaton, Maryland 20906 Bureau County Court House Princeton, Illinois 61356 Dr. Linda W. Little 5000 Hermitage Drive Susan N. Sekuler, Esq.
Raleigh, NC 27612 Mary Jo Murray, Esq.
State of Illinois Environmental Control Division Dr. Forrest J. Remick 188 West Randolph Street 305 E. Hamilton Avenue Suite 2315 State College, Pennsylvania 16801 Chicago, Illinois 60601 i
Scott Madson, Esq.
John M. Cannon, Esq.
Assistant State's Attorney Mid-America Legal Foundation 601 South Main Street Suite 2245 Princeton, Illinois 61356 20 North Wacker Driv 2 Chicago, Illinois 60606 D. J. McRae, Esq.
217 West Second Street Kewaunee, Illinois 6145 i
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U 1 Atomic Safety and Licensing Docketing and Service Section*
Board Panel
- Office of the Secretary U.S. Nucidar' Regulatory Commission U.S'; Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Atomic Safety and Licensing Troy B. Conner, Jr., Esq.
Appeal Panel
- Mark J. Wetterhahn, Esq.
U.S. Nuclear Regulatory Commission Conner, Moore & Corber Washington, D. C.
20555 1747 Pennsylvania Avenue, N.W.
Suite 1050 Robert Russell, Esq.
Washington, D. C.
20006 Johnson, Martin & Russell 10 Park Avenue West Mr. Charles F. Eason Princeton, Illinois 61356 Nuclear Engineering Company Director for Government Affairs Admiral Vincent T. de Poix 1100 17th-Street, N.W.
Chairman of the Board Suite 1000 for Nuclear Engineering Co.
Washington, D.C.
20036 P.O. Box 7246 Louisville, KY 40207
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Henry 'j McGurren d
Counsel for NRC Staff l
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