ML19347C342
| ML19347C342 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 10/13/1980 |
| From: | Rooney M, Szwajkowski R GENERAL ELECTRIC CO., MAYER, BROWN & PLATT |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8010170359 | |
| Download: ML19347C342 (4) | |
Text
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Dated:
October 13, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF GENERAL
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(
ELECTRIC COMPANY,
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l
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Docket No. 70-1308 Consideration of Renewal of
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Materials License.No. SNM-
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g gh j j 1265 Issued to G.E. Morris
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Operation Fuel Storage
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9 Installation
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DOCYED USSRC MOTION FOR SANCTIONS AGAINST g OCT 1619% > 3
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\\. Office of the Secretary THE STATE OF ILLINOIS FOR Docketing & Service
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FAILURE TO COMPLY WITH DIS-Branch
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COVERY
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Now comes General Electric Company
(" General Electric")
and respectfully requests this Atomic Safety and Licensing Board to enter an order, pursuant to 10 C.F.R.
S 2.707, imposing sanctions against Intervenor the State of Illinois
(" Illinois")
for its failure to comply with discovery.
General Electric requests that Contentions 1, 2, 3,
4, and 5, as admitted by the Board, which were originally proposed by Illinois, be dismissed because it is unfair to General Electric to require it to answer these contentions since Illinois has refused to answer General Electric's legitimate discovery requests concerning them. /
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Although General Electric also objects to Illinois' refusal to respond to discovery requests regarding Contention 7, General Electric, at this time, does not believe its ability to refute that contention has been sufficiently hampered by Illinois' silence to request that the contention be stricken.
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l In support of this Motion, General Electric states as follows:
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l.
On August 19, 1980, General Electric filed a Motion To Compel further discovery on the grounds that Illinois' Answers To Interrogatories, filed on August 4, 1980, were evasive, l
l incomplete, unresponsive and vague, l
2.
On September 9, 1980, this Board entered an order granting General Electric's motion and compelling Illinois to respond more fully to General Electric's Interrogatories, which had been filed on July 15, 1980.
3.
The order in effect, gave Illinois an additional 8 weeks, to and including September 30, 1980, to comply properly with General Electric's discovery request regarding all Interrogatories specified in General Electric's Motion To Compel.
4.
Through and including the date of the filing of this Motion For Sanction, General Electric still has received no further responses from Illinois to the Interrogatories.
5.
Additionally, for the last 9 weeks, Illinois has been silent:
it did not even respond to General Electric's Motion To Compel and has failed to request an extension of time in which to amend its responses to the Interrogatories.
6.
Pursuant to 10 C.F.R.
S 2.707, this Board should j
declare Illinois in default and impose the following sanction, as authorized by that section:
Contentions 1, 2,
3, 4 and 5 should be stricken because Illinois has refused to disclose, despite i
i 4
General Electric's diligent efforts, the bases, if any, for those contentions. l
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Accordingly, General Electric requests that this Board enter an order, pursuant to 10 C.F.R.
S 2.707, dismissing l
Contentions 1, 2,
3, 4 and 5 from this proceeding for Illinois' default in failing to comply with discovery.
Respectfully submitted, GENERAL ELECTRIC COMPANY By:
Ronald W.
Szwajkowski Matthew A. Rooney Its Attorneys l
l OF COUNSEL:
MAYER, BROWN & PLATT 231 South LaSalle Street Chicago, Illinois 60604 (312) 782-0600 i
I l
- l. '
,O -
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 THE STATE OF ILLINOIS 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 13, 1980:
Andrew C. Goodhope, Esq., Chairman Susan N.
Sekuler, Esq.
Atomic Safety and Licensing Board 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 Safety and Licensing State College, Pennsylvania 16801 Board Panel U.S.
Nuclear Regulatory Atomic Safety and Licensing Appeal Commission Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section 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 Matthew A.
Rooney j/