ML19347A639
| ML19347A639 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/13/1976 |
| From: | Brenner L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Cherry M CHERRY, M.M./CHERRY, FLYNN & KANTER |
| References | |
| NUDOCS 8007300722 | |
| Download: ML19347A639 (3) | |
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-. Myron M. Cherry, Esq., jh.gd.,.e:gy@m7 mv' 'Rf,.- f 3.pgf4 m
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Docket Nos. 50-329 and 50-330
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Dent Mr. Cherry-
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~Mv letter to you of December 13,1976,. enclosed sixty-five documents' which -
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the Staff used as backup documentation in support of its prefiled direct J w./*
i testimony in this: proceeding._.In.; addition, the letter listed thirty se[veni 7,wi
-documents which are available,to.you from public: sources and were therefore 1 M~
not' enclosed. ;As you know,.au d r the_ Commission's Regulations thefMRC-M S p Staff is not required to produce-any documents which are publicly availableb i.
(10 C.F.R. 52.744). The obvious reason for these regulatory provisons -. q ??L i
is to avoid the Stalf having to gather up pubitc documents from libraries', F and other public sources for all parties in all cases since the same
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m tasks can be readily performed by a party who seeks the documents.
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addition, even in those cases where a Staff technical section -has its own reference copies of public documents, these are often in short supply and must be kept where all members of the technical section have eeady access to them. Although not required to do so, I did offer to produce the publicly available documents for your examination at the Staff's
..Bethesda, Maryland, offices upon _ reasonable notice from you.
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At the December 14, 1976 prehearing conference you asserted that you only-.
want to examine. three documents of those which the Staff indicated to be available from public sources (Tr. 812), and that you w'ould examine them-at the Staff's offices in' Glen Ellyn, Illinois (Tr. 811).
In reliance on your assertions, I stated that some suitable arrangement could be worked out (Tr. 822). Near the end'of the prehearing conference, in reliance on your assertions and my offer 4f accommodation, the Board found that-the Staff had complied with~ your discovery requests with the exception of the three documents to which you had referred.
The Board requested the Staff
.to make the three documents available for your examination with some convenience to both the Staff and yourself (Tr. 944).
You made no comment with respect to the Board's ruling at the time.
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s A very short time later,' after the peehearing conference adjourned you q
suddenly listed thirteen documents from-the Staff's list of publicly' E gjf M i
c lavailable docume'nts that you would likefacces's to.'. (Tr. 981). Thisl %
departure from your earlier assertion that you only wanted to examine Ryg. sh
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e Lin ' reliance on your assertions-that you only wanted to examine:three o three documents was, of. course,'most surprising since the Board had ruleds
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the publicly available documents at. the Staff's Glen Ellyn office ?s@N3@d
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In any event, in an effort to work things out, Ilcalled you on DecemberYb
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7 17,-1976. JI explained that I was unclear as to what'FPC study you were referring to as one of the three documents-(at Tr.-812). You refusedTt' NW o
' answer. stating that those items were "old history" and you aref nowU$fhh
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LMw e interestedinthethirteendocumentswhichyoulistedafterthepre M 1 Aq N
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conference adjourned.
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-I called you again on December 20,.1976'and explained to you that' althoughw wy yg?
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I was not obligated to go beyond the regulations and the Board's' rulingg$ ;
granting your request that just three documents.be made available to you; m
.at Glen Ellyn,~ I was anxious to be reasonable and avoid burdening' the %$.XM l
proceeding with discovery disputes. Therefore, I told you that.the Staff QF had gathered up eleven of the thirteen' publicly.available documents you i d g 9 j
wished to examine (all items except l' and-4) from various sources, includingi i
the Staff's technical library and reference collections maintained for-thej, use of the technical Staff.
I further told you. that I was about to deliver =
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them to a-Staff member who was traveling to our Glen Ellyn office, and'^ 2 that they would be-available for your examination there.
I also told you that the Staff had to maintain access in Bethesda.to its one copy' of ach' e
of the remaining two documents you wanted to examine (items 1 and 4)~,
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which are voluminous reports issued by' agencies of the State of Michigan.
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However, I added that I was in thepprocess of obtaining Mr. Renfrow's.
.f confirmation that.he would make his copy of 'each of the two State of 1* ^
Michigan reports available for your_ examination at his Chicago office, '
k upon reasonable notice from you.
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My attempt to reasonably accommodate you to the best of' the Staff's abilityJ without prejudicing our needs to assure the timely and safe return of our.
reference material was totally rebuffed by you in our December 20, 1976 phone conversation.
You stated that you now insist that I get the thirteen?
publicly available documents to your office, that you would refuse to examine the items at the Staff's Glen Ellyn office (approximately a 45 minute ride from downtown Chicago), and that I therefore should not bother to send the documents to the Staff's Glen Ellyn office.
You further stated you would refuse to examine items 1 and 4 at Mr. Renfrow's Chicago office.
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.'The Staff is not ' required to andlindeedMmply cannot take th'eNsho
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allowing our : limited copies.Lof publicly available library and reference' M% -
- material to leave our! control.. We.are at a loss to understand"why"giving. Me uyou access to the documents in the Chicago area is suddenly unacceptable-W M,
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w In' view of what has hhppened to date Wis the Staff's view that'it $2WC
.L has no!further. obligation to attempt to accomodate your continua 11ytM;$fT changing discovery demands with respect to-the publicly available documents f.
again change your mind and infonn' me by December'30,1976 that you do,.
listed in my letter to you'of December 13, 1976. Nevertheless,Cif ~you gy';L r.
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want to examine the~ eleven: documents at the Staff's Glen Ellyn office andes C d.
items 1 and~4 in Mr? Renfrow's office, I^will make arra'ngements to
- NM accomodate '~ ou..If I do not hear from you by theS I will return tid
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i doce ants we have gatiiered to the library and. other originating Staff -M v m;, 6,
F sources for this reference material.
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Lcwrence Brenner
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- Coun,.sel for NRC Staff
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Frederick J. Cottfal, Esq.
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Dr. J. Venn Leeds, Jr.
Dr. Emeth A. Luebke Judd L.-Bacon, Esq.
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Honorab13 Curt T. Schneider Howard J._Vogel, Esq.
Harold F. Reis Esq.~.
Atomic Safety and Licensing Board Panel L. F. Nute, Esq.
R. Rex Renfrow, III, Esq.
Atomic Safety and Licensing Appeal Board Docketing and Service Section
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