ML19350B173
| ML19350B173 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 03/10/1981 |
| From: | Rooney M GENERAL ELECTRIC CO., MAYER, BROWN & PLATT |
| To: | |
| References | |
| NUDOCS 8103200037 | |
| Download: ML19350B173 (2) | |
Text
=
March 10, 19 81M im, '!
Dated:
jr 9
gtnTC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO:.
MAR 1 2 % % e C:f.a d P4 W'M IN THE MATTER OF GENERAL
)
C7*hN H s,
ELECTRIC COMPANY,
)
ro I
r
Docket No. 70-1308 N
)
Consideration of Renewal of
)
P oy Materials License No. SNM-1265)
'7 Issued to GE Morris Operation )
k Fuel Storage Installation.
)
S T
y
\\BD M
Sd q'
1 RENEWED MOTION OF GENERAL ELECTRIC FOR SANCTIONS AGAINST THE STATE OF ILLINOI_
p f
The Board will recall that on October 13, 1980, e% d '
Electric moved for sanctions against Illinois for its failure i
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 Decerler 8, 1980, denied the motion, a_t,that time, in view of the modified t
schedule adopted.
It is now three months later and Illinois continues to violate this Board's order compelling further discovery.
Illinois continues to assert, although improperly, the contentions about which the prior discovery was properly sought.
As long as Illinois is-permitted to ignore the rulings of this Board with complete impunity, its cavalier conduct will continue end 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. costs and assure an orderly and timely licensing review.
Frustration of 1:
that obligation can only be avoided by positive action by the 810320003%
O
L Board requiring Illinois to conduct itself in a responsible manner.
General Electric, accordingly, renews and reasserts its Motion for Sanctions at this time.
In view of the continuous 1
refusal of Illinois to discharge its duties as a party to this proceeding, General Electric requests that the motion, which is fully briefed, be expeditiously granted.
Respectfully submitted, GENERAL ELECTRIC COMPId1Y By:
[f
'I W 7tlY+ f Ronald W.
Szwajkowski Matthew A. Rooney Its Attorneys OF COUNSEL:
MAYER, BROWN & PLATT 231 South LaSalle Street Chicago, Illinois 60604 (312) 782-0600
(^;
(L/
~
U EXHIBIT "Aa Dated:
October 13, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF GENERAL
)
ELECTRIC COMPANY,
)
)
)
Docket No. 70-1308
)
Consideration of Renewal of
)
Materials License No. SNM-
)
1265 Issued to G.E. Morris
)
Operation Fuel Storage
)
Installation
)
MOTION FOR SANCTIONS AGAINST THE STATE OF ILLINOIS FOR FAILURE TO COMPLY WITH DIS-COVERY 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 s
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. /
-*/
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 contenilon has been sufficiently hampered by Illinois' silence to request that the contention be stricken.
9p% o r<
p / o/w:57
N=
~
=-
In support of this Motion, General Electric states as follows:
1.
On August 19, 1980, General Electric filed a Motion To Compel further discoveqy on the grounds that Illinois' Answers To Interrogatories, filed on August 4, 1980, were evasive, incomplete, unresponsive and vague.
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 rerponses 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.
I 6.
Pursuant to 10 C.F.R.
S 2.707, this Board should 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 General Electric's diligent efforts, the bases, if any, for those contentions..
L._ -
\\
Accordingly, General Electric requests that this 30ard enter an order, pursuant to 10 C.F. R.
5 2.707, dismissing Contentions 1, 2,
3, 4 and 5 frcm this proceeding for Illinois' default in failin-to ce=.clv. with dis coverv..
v Res.eectfully s ubmitte d #
g.e.s.r. T
~~e....cp+
C O.vo.v.v.
r? r
.e s
r.
a sv:
dv Ecnalc' W. 5:wa-kowski Matthew A.
Rocrey Its Attorneys OF COUNSEL:
-.,O.dh, a,
P m.. T,
.s,. y :...,
.n.--
z A
231 South Li,3alle Street Chicago, Illinois 60604 (312) 782-0600
_ - _ - =
A a
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
In the Matter of
)
)
GENERAL ELECTRIC COMPANY
)
70-1308
)
Docket No.
Consideration of Renewal of
)
Materials License No. SNW-1265)
Issued to GE Morris Operation )
Fuel Storage Installation
)
1 CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a copy of RENEWED MOTION OF GENERAL ELECTRIC FOR SANCTIONS AGAINST.THE STATE OF ILLINOIS, 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 i
Dr. Linda W.
Little Chicago, Illinois 60601 i
' 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 i
Atomic Safety and Licensing Board 305 East Hamilton Avenue Atomic Safety and Licensing I
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 gy, Kankakee, Illinois 60901
/
s Matthew A.
Rooney l
l L
.