ML19347E253
| ML19347E253 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos File:GEH Hitachi icon.png |
| Issue date: | 04/22/1981 |
| From: | Edgar G GENERAL ELECTRIC CO. |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8104240393 | |
| Download: ML19347E253 (4) | |
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4/22/81
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NUCLEAR REGULATORY COMMISSION
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. -r6' J.EL.WED CO?.:.M 0::DENCC In the Matter of
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Docket No. 50-70 GENERAL ELECTRIC COMPANY
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Operating License G
(Vallecitos Nuclear Center -
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No. TR-1 4
General Electric Test Reactor)
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(Show Cause)
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4 LICENSEE'S MOTION TO COMPEL DISCOVERY i
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',.:.m The Licens.:a (GE) hereby moves the Board for an ',
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Order compelling Intervenors Congressman Dellums and Friends of the Earth (FOE) to respond to GE's interrogatories dated March 16, 1981.
In support of its Motion, GE states the following:
1.
There is good cause for filing this Motion out of the time limits set by the Board's Order dated February 3, 1981.
Pursuant to that Order, all discovery was to be filed by March 16, 1981 and all discovery responses completed by April 3, 1981.
All objections to discovery requests were due on March 25, 1981, and all Motions to Compel were due on April 13, 1981.
2.
On or about March 31, 1981, Mr. Cady (counsel for F0E) advised the undersigned that he and Congressman Dellums had no objections to GE's discovery, /
but it was impossible to meet the April 3 deadline.
The undersigned g503
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Other than Interrogatory No. 17 of GE's March 5, 1981 5
Interrogatories.
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8104240393 g
2 indicated to Mr. Cady that he would not oppose a motion for an extension, inasmuch as the responses would be received before any rulings could be obtained (if a Motion to Compel were filed).
e 3.
Immediately upon return from out of town business, the undersigned reviewed the Intervenors' discovery responses on April 16, 1981.
Thereafter, upon noting that there were no responses to GE's March 16, 1981 Interrogatories, the undersigned attempted to call Mr. Cady to determine whether answers would be forthcoming.
Telephone calls and messages requesting a return call were placed to Mr. Cady's office on April 20 and 21.
To date, Mr. Cady has not responded.
The deadline for Motions to Compel (April 13) had passed 5 fore GE could determine whether Intervenors intended to respond.
4.
In view of the foregoing, GE finds itself in the position of assuming that answers will be forthcoming after the extended deadline for discovery responses, but with no l
l means of assuring that this will occur.
GE has no choice but to move to compel at the time.
The discovery in
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l question raises fundamental questions about the qualifications of the Intervenors' witnesses, and the specifics of the Intervenors' substantive case.
It is therefore essential to the preparation of GE's case.
GE notes that its pre-filed 3
i written testimony will be due on May 1, 1981 and that 5
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3 its efforts to prepare that testimony may be impacted by the Intervenors' responses to the March 16 Interrogatories.
Further, GE has responded in a timely manner to all of the Intervenor discovery, and that the Intervenors have
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not been similarly hampered in their preparation.
For the foregoing reasons, GE requests that the Board issue an order compelling responses to its March 16, 1981 Interrogatories by no later than April 27, 1981.
Respectfully submitted,
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George L dgar Attorney for General Electric Company OF COUNSEL':
Morgan, Lewis & Bockius 1800 M Street, N.W.
Washington, D. C.
20036 (202) 872-5121 Dated:
April 22, 1981 l
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EEL \\TED CC" ;ETONDENCE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In tht Matter of
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Docket No. 50-70 000kUT3 GENERAL ELECTRIC COMPANY
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Operating License APR 2 21981 *
(Vallecitos Nuclear Center -
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No. TR-1 0:r.a er ne r,:7g General Electric Test Reactor)
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(Show Cause) 9 hem-: Susa
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7 CERTIFICATE OF SERVICE 4
G P3 I hereby certify that the foregoing has been served as of this date by personal delivery or first class mail, costage prepaid, to the following:
Herbert Grossman, Esq., Chairman Richard G. Bachmann, Eso.
Atomic Safety and Licensing Board Panel OELD U. S. Nuclear Regulatory Commission U. S. Muclear Regulatorv Washington, D. C.
20555 Commission Washington, D. C.
20555 Dr. George A. Ferguson School of Engineering-Howard University Ms. Barbara Shockley 2300 - 6th Street, N. W.
1890 Bockman Poad Washington, D. C.
20059 San Lorenzo, California 44580 0
Dr. Harry Foreman Docketing & Service Section Director of Center for Office of the Secretarv Population Studies U. S. Muclear Regulatorv University of Minnesota Commission l
Minneapolis, Minnesota 55455 Washington, D. C.
20555 (original and 3 copies) l Rep. Ronald V. Dellums, M.C.
l Attention:.H.
Lee Halterman, Esq.
Atomic Safetv and Licensing 201 13th Street - Room 105 Board Panel Oakland, California 94617 U. S. Nuclear Regulatory Commission
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Glenn W. Cady, Esq.
Washington, D. C. 20555 Carniato & Dodge 3708 Mt. Diablo Blvd., Suite 300 Atomic Safety and LicensinF Lafayette, California 94549 Appeal Board U. S. Nuclear Regulatory Daniel Swanson, Esq., OELD Commission U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Edward A. Firestone, Esq.
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General Electric Company Meorge kv Edgar r
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p Nuclear Energy Division Attorney for 175 Curtner Avenue General Electric Comoany San Jose, California 95125
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(Mail Code 822)
Dated:. April 22, 1981