ML19347E991
| ML19347E991 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1981 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Bradford P, Gilinsky V, Hendrie J NRC COMMISSION (OCM) |
| Shared Package | |
| ML19347E990 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8105150024 | |
| Download: ML19347E991 (6) | |
Text
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20$55 k..:g
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May 7, 1981 MEMORAliDUM FOR:
Chairman Hendrie Commissioner Gilinsky Commissioner Bradford Commissioner thearne FR0!!:
?..I Leonard dicktsit, Jr., General Counsel
SUBJECT:
lit!ITItiG ITUMBER CF IIITERROGATORIES FILED Enclosed is an outline of the issues to be discussed at the meeting to be held this afternoon.
Tentative recommenda-tions of OGC, the Lhairman of the ASLAP, and OELD are also set forth.
Enclosure:
Outline of issues cc:
OPE OCA SECY ELD EDO ASLAP ASLBP 1
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.s 1.
Who should limits on interrogatories apply to?
(a)
Limit interrogatories filed on the staff (b)
Limit interrogatories filed en all parties Recommendation:
(b) 2.
To which proceedings should rule apply?
(a)
All proceedings (b)
CP, OL, and license amendiaent proceedings (excluding enforcement and antitrust)
Recommendation: -(a) 3.
Limirs should be X number of interrogatories-filed.
(a) by a party on another party (b) by a party on another party per each contention.
(c) by a party on another party per each subject area Recommendation:
(a) 4.
Number of interrogatories permitted should cover (a)
The entire proceeding (b)
Each SER, EIS or supplement thereto (c)
Permit X number on safety issues and X number on environmental issues
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Recommendation:
(a)
a 4
2 5.
What is the number that will be permitted absent leave for the Board to file additional interrogatories?
(a) 25 (b) 50 (c) 75 Recommendation:
(b) 6.
What constitutes an interrogatory?
(a)
Each subpart (whether or not designated as such) of a question counts as an interrogatory (b)
Each subpart (whether or not designated as such) counts as an interrogatory except that requests for supporting reasoning relied upon or the name of a witness who will testify as to a matter covered by an interrogatory response will not be counted separate from the interrogatory response.
J Recommendation:
(b) 7.
The standard the Board should apply in granting a request to pose additonal interrogatories should be:
(a)
A response is essential for the party to adequately prepare its case, taking into account the number of contentions, complexity of issues, and timing of issuance and number of staff / applicant documents, and the information sought is not otherwise reason-ably available.
3 (b)
Standard (a) plus the party was not improvident in its use of other interrogatories.
Recommendation:
(b) 8.
Should the revised rule be applied to present proceedings?
(a)
Yes, but apply prospectively to interrogatories not yet filed (b)
Yes, but apply retroactively.
Recommendation:
(a).
9.
Should motions to compel be permitted?
(a)
Yes (b)
No Recommendation:
(a).
10.
Should the Boards be provided with discretion to require oral responses to motions to compel?
(a)
Yes (b)
No Recommendation:
(b).
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11.
Should the time provided for service of documents be reduced by permitting Boards at its discretion to require service by air express mail?
(a)
Yes (b)
No Recommendarion:
(a).
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Proposed Schedule Day Action 0
SSER published 2
Parties receive SSER 12 Interrogatories filed and motion-filed for leave to serve additional interrogatories 14 Interrogatories and moti,on received 19 Telephonic conference conducted by Board to hear responses to motion for leave to file additional questions 26 Staff response to first 50 (or other number) interrogatories 29 Board rules on motion for additional interrogatories and orders additional responses 41 Responses from staff due on additional questions 43 Party receives staff response 48 Motion to compel filed against staff 50 Staff receives motion to compel 55 Board convenes conference to hear staff's response to motion to compel 65 Board issues order on motion to compel which directs additional staff resoonses 67 Staff receives Board order 73 Staff responds to additional interrogatories filed 75 Party receives staff response.
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