ML19347B728
| ML19347B728 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 10/09/1980 |
| From: | Rooney M, Swajkowski R GENERAL ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8010150590 | |
| Download: ML19347B728 (5) | |
Text
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1GLATED CORRESPONDENCE Dated:
October 9, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF GENERAL
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ELECTRIC COMPANY,
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Docket No. 70-1308 Consideration of Renewal of
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A Materials License No. SNM-
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1265 Issued to G.E. Morris
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DOCED C6\\
Operation Fuel Storage
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t'U:M
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Installation
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2-g7 j 4 g Office of the Secretary s
MOTION FOR SANCTIONS.AGAINST Te Deckeitrg & Smice N8"'
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N COMPLY WITH DISCOVERY g
3 Now comes General Electric Company
(" General Electac")
and respectfully request,s this Atomic Safety and Licensing Board to enter an order, pursuant to 10 C.F.R.
S 2.707, dismissing Intervenors Rorem, et al. from this proceeding for their failure to comply with discovery.
In support of this Motion, General Elcctric states as follows:
l.
On September 9, 1980, this Board entered an order compelling.Intervenors-Rorem to respond to General Electric's Request for Production and Interrogatories, filed on July 15, 1980.
2.
That order in effect, gave Intervenors Rorem et al.
an additional 8 weeks, to and including September 30, 1980, to comply with General Electric's discovery requests, which the Board had previously ruled, in an order of June 23, 1980, should have been answered by August 4, 1980.
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3.
Through and including the date of the filing of this motion for sanction, General Electric still has received no response from Intervenors Rorem et al. to either of its dis-covery requests.
4.
Moreover, for the last 9 weeks, Intervenors Rorem et al. have remained totally silent:
they have asked for no extentions of time and have failed to inform Board and other parties to this proceeding of any reason for their failure to respond.
They have simply ignored legitimate requests of General Electric and two orders of tha Board.
5.
From its inception, the participation of Intervenors Rorem et al. in this proceeding has been marred by their total unwillingness to abide by this Board's rulings.
At the pre-hearing conference of February 29, 1980, they were warned, after they had ignored a filing date, by the Board that it would no longer accept late filings:
"[T]his Board is not going to accep t any more filings such as occurred here both last evening and today.
If the things are not filed on time, we are not going to accept them period.
We are just not going to receive them at all.
So you are all on notice that this is the way it's going to be running from now on."
(Tr., p. 111.)
Their flagrant disregard of the Board's orders has now escalated from late filings to no filingu t sil.
6.
The Board should no longer tolerate the abuse of this proceeding by these intervenors.
The appropriate sanction is to dismiss them, as recalcitrant parties from the proceeding for l._
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being in default, as authorized by 10 C.F.R. S 2.707.
See in l
the Matter of Public Service Electric & Gas Co. (Atlantic l
Nuclear Generating Station), 2 NRC 702, 705-706 (ASLB 1975).
l-L This~ remedy has been determined appropriate for repeated refusals, such as those present here, to comply with legitimate discovery requests and, accordingly, has been imposed.
Id.; In the Matter l
l of Offshore Power Systems (Manufac'turing License for Floating S
Nuclear Power Plants), 2 NRC 813, 817 (ASLB 1975).
l 7.
It would be unfair to the applicant to permit Intervenors Rorem et al. to remain as parties because their activities have l
already resulted in unnecessary and improper delay.
As the l
Board in In The Matter of Northern States Power-(Tyrone Energy
' Park), 5 NRC 1298 (ASLB 1977), declared, in dismissing intervenors from that proceeding for ignoring discovery requests and orders:
"To permit a party to make skeletal contentions, keep the bases for them secret, then require its adversaries to meet any conceivable thrust at hearing would be patently unfair, and inconsistent with a sound record."' Id. at 1301.
d 8.
Moreover, it is obvious that Intervenors Rorem et al.
have made no useful contribution to the proceeding.
They have made no discovery requests on other parties and they have failed to
' participate in the' depositions held in the matter.
In short, they have contributed nothing but delay and the Board may properly consider:this in determining that they'should no longer be per-mitted to remain as parties.
See Northern States Power, supra, 15 NRC at 1301.
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Accordingly, General Electric requests that this Board enter an erder, pursuant to 10 C.F.R.
S 2.707, dismissing Intervenors Rorem, et al. from this proceeding for their default in failing to comply with discovery.
Respectfully submitted, GENERAL ELECTRIC COMPANY
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By:
Ronald W. Szwa]kowski Matthew A.
Rooney Its Attorneys OF COUNSEL:
MAYER, BROWN & PLATT 231 South LaSalle Street Chicago, Illinois 60604 (312) 782-0600
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
),
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GENERAL ELECTRIC COMPANY
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Docket No. 70-1308 Consideration of Renewal of
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Materials License No. SNW-1265)
Issued-to GE Morris Operation )
Fuel Storage Installation
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CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a copy of MOTION FOR SANCTIONS AGAINST ROREM, ET AL. FOR FAILURE TO COMPLY WITH DISCOVERY, in the above-captioned proceeding on the following persons by causing the said copies to be deposited in the United States mail at 231 South LaSalle Street, Chicago, Illinois, in plainly addressed and sealed envelopes with proper first class postage attached before 5:00 P.M. on October 9, 1980:
Andrew C. Goodhope, Esq., Chairman-Susan N.
Sekuler, Esq.
Atomic Safety and Licensing Laard George William Wolff, Esq.
3320 Estelle Terrace Office of the Attorney General Wheaton, Maryland 20906 188 West Randolph Street Suite 2315 Dr. Linda W.
Little Chicago, Illinois 60601 Atomic Safety and Licensing Board 5000 Hermitage Drive Marjorie Ulman Rothschild, Esq.
Raleigh, North Carolina 27612 United States Nuclear Regulatory Commission Dr. Forrest J. Remick Washington, D.C.
20555 atomic Safety and Licensing Board 305 East Hamilton Avenue Atomic Safet'y and Licensing State College, Pennsylvania 16801 Board Panel U.S.
Nuc] ear Regulatory Atomic Safety and Licensing Appeal Commission Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Secticn Office of the Secretary Bridget L. Rorem U.S. Nuclear Regulatory Essex, Illinois 60935 Commission Washington, D.C.
20555 Everett J..Quigley R.R.
1, Box 378 Kankakee, Illinois 60901
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Matthew A.
Ro'oney