ML19340D302
| ML19340D302 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/04/1980 |
| From: | Bradley Jones NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8012300233 | |
| Download: ML19340D302 (6) | |
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o UNITED STATES OF AMERICA 12/4/803 IS NUCLEAR REGULATORY COMMISSION Ecj Mu 2.n,,)
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BEFORETHEATOMICSAFETYANDLICENSINGBOARD:j l
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In the Matter of
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Docket Nos. 50-329 OM & OL CONSUMERS POWER COMPANY
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(Midland Plant, Units 1 and 2)
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MOTION FOR PROTECTIVE ORDER The Nuclear Regulatory Comission Staff (Staff), pursuant to 10 C.F.R. E 2.74C c), respectfully moves this Board for a Protective Order, attached j
hereto, concerning further deposition of Staff member Joseph Kane. The Applicant, through its attorneys, have deposed Mr. Kane on October 14, 15, and 16, 1980 in Detroit, Michigan. The deposition of Mr. Kane was resumed in Bethesda, Maryland on December 2, 1980, continuing on December 3 and 4.
The Applicant's attorney ha6 indicated on December 2, at the end of the session, that he only had about an hour of questions remaining to complete Mr. Kane's deposition. Mr. Kane was made available at 9:00 a.m.
on December 3 and Applicant deposed Mr. Kane until 3:30 p.m.
At that time, Mr. Kane had to leave for a previous commitment. The Applicant's attorney again indicated that he only had about one hour's ouestions re-1 maining. Applicant's counsel was informed by Staff counsel that it was the Staff's view that the deposition was becoming cumulative, repetitive, argumentative and beyond the bounds of reasonable discovery.
Staff coun-sel informed Applicant's counsel that Mr. Kane would be available on i
December 4 for one hour but that the Staff intended to object to further
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i interrogation beyond that.
Mr. Kane was made available on December 4.
At the end of one hour, the Applicant still had not completed his ques-tioning. At this point, the Staff counsel refused to make Mr. Kane available for further questioning and requested that Applicant's counsel participate in a conference call with the Board to seek a ruling on the matter. Ap-plicant's counsel refused and indicated he would view any attempt to contact 1
l the Board as ex parte. He also indicated he would seek sanctions against the NRC Staff and payment of costs due to the Staff's refusal to continue with Mr. Kane's deposition. The Staff now asks this Board for a Protective Order to prevent any further deposition of Joseph Kane.
j Further questioning of Mr. Kane will cause undue expense and burden on Staff resources and time. The questioning of Mr. Kane has been at times i
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argumentative, abusive, oppressive, and repetitive. Copies of the deposition transcripts will be made available to the Board if it desires as soon as they are received from the reporter. However, the Staff believes over five days of deposition of a single Staff witness on the issues ir. this proceeding is unnecessary in order for the Applicant to have fair discovery of Mr.
Kane's views.
Based on the above action', of the Applicant, the Staff moves for a Protective Order pursuant to Section 2.740(c)(1) that no further discovary of Joseph Kane be permitted.
In the event the Board does not grant the request, the i
Staff moves that a protective order be issued providing that further dis-l covery against Joseph Kane be conducted via written interroaatories and l
that such discovery be limited pursuant to 10 C.F.R. 5 2.720(h)(2)(iii) to matters identified by the Board as in controversy in the proceeding.
- s. Wherefore, the Staff respectfully requests that this Board enter the Pro-te:tive Order attached hereto.
Respectfully submitted,
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Bradley W. vones Counsel for NRC Staff Dated at Bethesda, Maryland this 4th day of December,1950 l
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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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CONSUMERS POWER COMPANY
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50-330 OM & OL (Midland Plant, Units 1 and 2)
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PROTECTIVE ORDER (December,1980)
Upon motion timely made of NRC Staff and pursuant to 10 C.F.R. 6 2.740(c),
it is found that Consumers Power Company, by its attorneys, has enaaged in discovery of Joseph Kane by oral deposition. T'is discovery has consisted of over five days of extensive questioning of Mr. Kane and, upon reviewing the record of Mr. Kane's depositions, the Board finds that Mr. Kane's views have been fairly expressed and that Consumers' attorneys have been afforded ample opportunity to explore with Mr. Kane the basis for his views. The examination of Mr. Kane has become argumentative, unnecessarily detailed, oppressive, repetitive, and irrelevant to the specified issues in this proceeding.
IT IS HEREBY ORDERED THAT no further discovery be made by Consumers Power l
Company of Joseph Kane in the above-captioned matter.
FOR THE ATOMIC. SAFETY AND LICENSING BOARD l
Charles Bechhoefer, Esq., Chairman 1.
l Dated at Bethesda, Maryland
U:;1TED STATES OF A"i:.':A fWCLEAR REGULATORY C0".'IS$10N BEFORE THE ATO:'IC SAFETY A! D LICEf; SING BOARD in the Matter cf
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C0!:SUMERS PC'.lER COMPA!;Y
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Decket Nos. 50-329-0M & OL
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50-330-0M L 0L
(!:idlaad Plc.nt, Units 1 and 2)
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CERTIFICATEOFSlRyICE I hereby certify that copies of " MOTION FOR PROTECTIVE ORDER" 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 Commission's internal mail system, this 4th day of December, 1980.
+ Charles Bechhoefer, Esq.
I's. Mary Sinclair Atomic Safety and Licensing Board 5711 Su tr.erset Street U. S. Nuclear Regulatory Comission I:idland, Michigan 43540 Washington, D.C.
20555
'Mr. Gustave A. Lir.cnberger Michael I. Miller, Esq.
Atomic Safety and Licensing Board Ronald G. Za arin, Esq.
U. S. Nuclear Regulatory Commission Alan S. Farnell, Esq.
Washington, D.C.
20555 Isham, Lincoln & Beale One First National Plaza l
Dr. Frederick P. Cowan 42nd Floor i
6152 N. Verde Trail Chicago, Illinois 60603 Apt. B-125 Boca Raton, Florida 33433
- Atomic Safety and Licensing Board Panel Frank J. Kelley U. S. Nuclear Regulatory Comission Attorney General.of the State 1l1shington, D.C.
20555 of Michigan Steward H. Freeman
- Atomic Safety and Licensing Assistant Attorney General Appeal Board Panel Gregory T. Taylor U. S. Nuclear Regulatory Comission Assistant Attorney General Washington, D.C.
20555 invironmental Protection Division
??0 Law Building
- Docketing and Service Section 1 ansing, Michigan 4S913 Office of the Secretary U. S. Nuclear Regulatory Comission
!*yron M. Cherry, Esq.
1l1shington, D.C.
20555 1 IBM Plaza C'aicaco, Illinois 60611
. s J nes E. Crunner, Esq.
Cinsumers Perier Company 112 L'est flichigan Avenue J?ckson, Michigan 49201
!*s. En bara Stamiris di.15 N. River Fi celand, ::ichigan 4S623 re. Steve Gadler 20 C6rmmr Avenue St. Paul,finnesota 55103
'lmdell H. ':3rshall, Vice President
- 'id.; cst Environrantal Protection Associates RFD 10 Midland, i:ichigan 48540 I's. Sharen K. h'arren 635 Hillcrest Midland, ::ichigan 48540
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Bra 4Wp W. Jorpi Counsel for NRC Staff i
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