ML19350B164
| ML19350B164 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 03/10/1981 |
| From: | Rooney M GENERAL ELECTRIC CO., MAYER, BROWN & PLATT |
| To: | |
| References | |
| NUDOCS 8103200025 | |
| Download: ML19350B164 (2) | |
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Dated:
March 10, 1981 MAR 12 M C
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ELECTRIC COMPANY,
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7 D'cket No. 70-13 7
o Consideration of Renewal of. )
Materials License No. SNM-1265)
Issued to GE Morris Operation )
l Fuel Storage Installation.
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RENEWED MOTION OF GENERAL ELECTRIC FOR-SANCTIONS AGAINST ROREM ET AL.
The Board will recall that on October 9, 1980, General Electric moved for sanctions against Rorem et 6 for their refusal to provide General. Electric with any discovery and for their failure to obey this Board's discovery orders.
A copy of that motion is attached hereto as Exhibit "A" and expressly incorporated herein.
The Board, in its order on scheduling of December 8, 1980, denied the motion, i that time, in view of the modified' schedule. adopted.
It is now three months later and Rorem et al. continue *o violate the Board's order compelling-discovery.
Rorem et continue to assert, although improperly, the contentions about w the prior discovery was properly i
sought..
-As.long as Rorem et al. are permitted to ignore'the rulings of this Board with complete impunity, their cavalier conduct will p
continue and.this proceeding will be'further-delayed.
The Board's obligation extends beyond the intervenors to the applicant and the'public.
It thus should avoid incurring. unnecessary 810 8to 00#f d
costs and assure an orderly and timely licensing review.
Frustration of that obligation can only be avoided by positive action by the Board requiring Rorem et al. to conduct themselves in a responsible manner.
General Electric, accordingly, renews and reasserts its Motion For Sanctions at this time.
In view of the blatant refusal of Rorem et al. to discharge their duties as parties to this proceeding, General Electric requests that the motion,
- which is fully briefed, be expeditiously granted.
Respectfully submitted, GENERAL ELECTRIC COMPANY d
By:
S Ronald W.
Szwajkowski j
Matthew A. Rooney Its Attorneys OF COUNSEL:
MAYER, BROWN & PLATT 231 South LaSalle Street
~ Chicago, Illinois 60604-(312) 782-0600 6.
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-EXHIBIT "A"
s 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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Locket No. 70-1308 Consideration of Renewal of
)
Materials License No. SNM-
)
1265 Issued to G.E. Morris
)
Operation Fuel Storage
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Installation
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i MOTION FOR SANCTIONS.AGAINST ROREM, ET AL. FOR FAILURE TO COMPLY WITH DISCOVERY Now cc.mes General Electric Company (" General Electric")
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 Electric states as follows:
1.
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, 19 8 0, 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 rhe 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 the 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 accept 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 notics.
that this is the way it's going to be running from new on."
(Tr., p. 111.)
Their flagrant disregard of the Board's orders has now escalated from late filings to no filings at all.
6.
The Board should no longer tolerate the abuse o'f this proceeding by these intervenors.
The appropriate sanction is s
to dismiss them,-as recalcitrant parties from the proceeding for
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g being in def aul, as authorized by 10 C.F.R. S 2.707.
See in the Matter of Public Service Electric & Gas Co. (Atlantic Nuclear Generating Station), 2 NRC 702, 705-706 (ASLB 1975).
This remedy has been determined appropriate for.repe$ted refusals, such as those present here, to comply with legitimate discovery requests and, accordingly, has been impose'd.
Id.; In the Matter (Manufac'uring License for Floating of Offshore Power Sygtems t
Nuclear Power Plants), 2 NRC 813, 817 (ASLB 1975).
7.
It would be unfair to the applicant to permit Intervenors Rorem et al. to remain as parties because their activities have already resulted in unnecessary and improper delay.
As the 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.
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 f ailed to participate in t.he 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 :;orthern States Power, supra, 5 NRC at 1301.. _
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Accordingly, General Electric requests that this Board-enter an order, 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 discoveiy.
Respectfully submitted, GENERAL ELEC'IRIC COMPANY
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By:
Ronald W.
S wajkowski Matthew A. Rooney Its Attorneys OF CC'JNSEL:-
MAYER, BROWN & PLATT 231 South LaSalle Street Chicago, Illinois 60604 (312) 782-0600 l
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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 RENEWED MOTION OF GENERAL ELECTRIC FOR SANCTIONS AGAINST ROREM ET AL, 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 March 10, 1981:
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 Bridget L..
Office of the Secretary Rorem U.S.
Nuclear Regulatory Essex, Illinois 60935.
Commission Washington, D.C.
20555 Everett J.
Quigley R.R.
1, Box 378 i
Kankakee, Illinois 60901 eO
/Q Matthew A.
Rooney
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