ML19341D435
| ML19341D435 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 02/25/1981 |
| From: | Van Vranken J ILLINOIS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8103050596 | |
| Download: ML19341D435 (4) | |
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'M DATED: February 25, 1981 Y
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UNITED STATES OF AMERICA DOCKETEE d
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NUCLEAR REGULATORY COMMISSION gy
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MAR 21981 > g BEFORE THE ATOMIC SAFETY AND LICENSING BOAR:(
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In the Matter of
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A GENERAL ELECTRIC COMPANY,
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Docket No. 70-1308 (GE Morris Operation Spent Fuel
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(Renewal of SNM-1265)
Storage Facility)
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MOTION FOR LEAVE
' ADDITIONAL DISCOVERY Inte.rvenor, PEOPLE
' THE STATE OF ILLINOIS, by TYRONE C.
FAENER, Attorney General of.
c'>ce of Illinois, hereby 1
l moves pursuant to the Board Order entered December 8, 1980, that the Board grant it leave to file additional discovery herein.
In support hereof *Intervenor states as follows:
1.
On February 2, 1981, the Staff filed a motion with the Board to delay filing of motions for additional dis-covery until 15 days after the Board has ruled on the admission of_any modified or additional contentions.
Illinois reiterates its support for that motion.
2.
However, since the Board has not ruled on that motion as of this date, Illinois must request leave to file ad-ditional discovery.
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3.
Illinois asks that it be allowed to file dis-covery pursuant to 10 CFR 552.740 et seg. on issues raised by any modified or additional contentions admitted herein.
4.
Illinois also asks leave to file additional discovery on the original contentions admitted herein in light of the promulgation of 10 CFR Part 72.
This is necessary due to the Applicant's previous refusal to allow discovery concerning 10 CFR Part 72.
For example, in the deposition of David M.
Daw-son on September 12, 1980, counsel for Applicant stated:
"I guess I will advise the witness not to answer any questions about proposed Part 72 Regulations, unless you can explain to me somehow why we should consider proposed regulations in this proceeding, when the Board has already directed that we shouldn't."
[pp. 70-71]
Thus, Illinois submits that the parties should be allowed addi-tional discovery on the original cententions in light of 10 CFR Part 72.
5.
Illinois requests that after its ruling on the admission of any modified or additional contentions and after consultation with the parties herein, the Board set a schedule for additional discovery herein.
Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS TYRONE C.
FAHNER Attorney General State of Illinois h
NM BY:
JOEN VAN VRANKEN Assistant Attorney General Environmental Control Division 188 West Randolph Street, Suite 2315 Chicago, Illinois 60601 (312)793-2491 DATED: February 25, 1981
. UNITED STATES OF AMERICA NUCLEAR REGULATORY G:ChSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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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 MOTION FOR LEAVE FOR ADDITIONAL DISCOVERY in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, postage prepaid, at the Post Office located 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, MD 20906 175 Curtner Avenue Mail Code 822 San Jose, CA 95125 Dr. Linda W.
Little 5000 Hermitage Drive Raleigh, NC 27612 Atomic Safety & Licensing Board Panel U.S.
Nuclear Regulatory Commission Dr. Forrest J.
Remick Washington, D.C.
20555 305 E. Hamilton Avenue State College, PA 16801 Atomic Safety & Licensing Appeal Panel Marjorie Ulman Rothschild U.S. Nuclear Regulatory Commission Office of the Legal Director Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C, 20555 l.
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Bridget Little'Rorem Ronald Ezwajkowski, Esq.
Essex, IL 60935 Mayer, Brown & Platt 231 South LaSalle Street Chicago, Illinois 60604 Mr. Everett Jay Quigley R.R.
1, Box 378 Kankakee, IL 60901 Docketing and Service Section(7)
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 J
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Uk JOl(X VAN VRANKEN DATED: February 25, 1981 f.-
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