ML19350B600
| ML19350B600 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 03/19/1981 |
| From: | Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19350B597 | List: |
| References | |
| NUDOCS 8103230099 | |
| Download: ML19350B600 (2) | |
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O 3/19/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the fiatter of GENERAL ELECTRIC C0'1PANY)
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Docket No. 70-1308 (GE Morris Operation Spent Fuel Storage Facility)
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NRC STAFF RENEWAL 0F MOTION FOR ORDER COMPELLING INTERVEN0R R0 Reft, ET AL.
TO RESPOND TO NRC STAFF INTERR0GATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS On August 14, 1980, the NRC Staff (Staff) filed "NRC Staff Motion for Order Compelling Rorem, et al. to Respond to NRC Staff Interrogatories and Request for Production of Documents".
(A copy of the Staff's flotion is attached to this motion as " Attachment 1".)
This motion was filed in' view of the failure of Intervenor Rorem, et al. (hereafter "Rorem, et al.") to respond to "NRC Staff Interrogatories and Request for Production of Docu-ments", July 15,1980 (hereafter " Staff Interrogatories and Request for Production of Documents"). On September 9,1980, the Atomic Safety and Licensing Board (hereafter "the Board") ordered Rorem, et al. to answer the Staff's interrogatories and request for production of documents by September 30,1980.1/
1/ ee "Ord'er Ruling on Motions to Compel Discovery Against Rorem, et al.
S Filed By The Aplicant and the Nuclear Regulatory Commission Staff and Setting Time for Filing Motion for Summary Disposition", September 9, 1980.
810323o09h Subsequently, on October 15, 1980, the State of Illinois filed a "liotion to Stay Proceeding", in light of the ne.< regulation (10 CFR Part
- 72) governing this proceeding.
The 5taff supported Illinois' Motion to Stay, but requested that the Board require both Intervenors to comply with any outstanding discovery requests. See "flRC Staff Answer to 1) !!otion of the State of Illinois to Stay Proceedings and 2) Motions of General Electric Company for Sanctions Against Rorem, et al. and the State of Illinois For Failure to Comply With Discovery", October 29, 1980, at 2, 5, 11, 12.
In " Order Granting Stay of Proceeding", December 8,1980, the Board granted Illinois' Motion to Stay and denied the applicant's notions for sanctions.
In addition, the Board established a schedule for resugtion of the proceeding, which was subsequently amended in " Order Ruling on !!otfon to Amend", February 19, 1981. These orders established February 26, 1981 and llarch 19, 1981, respectively, as the dates for the filing of additional contentions and discovery requests.
However, neither of the Board's orders referred to_ the Board's previous order granting the Staff's notion cor.pelling Rorem, et al. to respond to the previous dis:overy requests filed in this proceeding. As of this date, the Staff has not received any answers filed by Rorem, et al. in response to the Board's September 9,1980, Order, supra.
Accordingly, the Staff hereby renews and reasserts its notion and requests that Rorem, et al. be ordered to respond fully and accurately to the Staff's Interrogatories and Request for the Production of Documents, supra.
Respectfully subnitted, M Q k u. % *8 Marjorie Ulman Rothschild Counsel for fiRC Staff Dated at Bethesda, Maryland this 19th' day of March, 1981
ATTACHMENT 1 8/14/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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GENERAL ELECTRIC COMPANY
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Doc ke t No. 70-1308
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(Renewal of StN-1265)
(GE Morris Operation Spent Fuel
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Storage Facility)
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STAFF'S MOTION FOR ORDER COMPELLING RORDi, ET AL.
TO RESPOND TO NRC STAFF INTERR0GATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS On July 15, 1980, the NRC Staff (Staff) filed "NRC Staff Interrogatories to and Request for Production of Documents From. Intervenor Rorem, et al.",
directed to Intervenor Rorem, et al. in the captioned proceeding. This set of interrogatories and request for production of documents was served by deposit in the United States mail on the above date.M Pursuant to the Atomic Safety and Licensing Board (the Licensing Board) " Order Extending Schedule for Discovery", dated June 23, 1980, responses or objections to these interrogatories were due on August 4,1980.
As of August 14, 1980, 10 days af ter responses were to be filed, the Staff has not yet received responses to these interrogatories.
Since responses to the Staff's interrogatories were not filed within the prescribed time period, the Staff respectfully requests, pursuant to 10 CFR 62.740(f), that the M s stated in a letter dated July 17, 1980, fram NRC Staff Counsel to A
Ms. Rorem, the Staff sent these documents to Ms. Rorem via certified mail, return receipt requested. The Staff did not receive the return receipt from Ms. Rorem.
DWP S O F
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9 c o? F\\ OMO
_ Licensing soard issue an order compelling Rorem, et al. to provide promptly, in writing and under oath, full, direct and responsive answers to the Staff's interrogatories and request for production of doctnents, dated July 15, 1980.
Respectfully submitted, M
5 bw I bl Marjorie Ulman Rothschild Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of August,1980 I
e
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Ntter of
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GENERAL ELECTRIC COMPANY
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Docket No. 70-1308
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(Renewal of SNM-1265)
(GE Morris Operation Spent Fuel
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Storage Facility)
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CERTIFICATE OF SERVICE I hereby certify that copies of " STAFF'S MOTION FOR ORDER COMPELLING ROREM, ET AL. TO RESPOND TO NRC STAFF INTERR0GATORIES AND REQUEST FOR PRODUCTION OF 00G-RENTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 14th day of August, 1980:
Andrew C. Goodhope, Esq., Chairman Edward Firestone, Esq.
Atomic Safety and Licensing Board Legal Operation 3320 Estelle Terrace General Electric Company Wheaton, MD 20906 175 Curtner Avenue Mail Code 822 Dr. Linda W. Little San Jose, CA 95125 5000 Hermitage Drive Raleigh, NC 27612 Mr. Everett Jay Quigley R.R.1 Box 378 Dr. Forrest J. Remick Kankakee, IL 60901 305 East Hamilton Avenue State College, PA 16801 Atomic Safety and Licensing Board Panel
- Susan N. Sekuler, Esq.
U.S. Nuclear Regulatory Commission Dean Hansell, Esq.
Washington, DC 20555 Office of the Attorney General 188 West Randolph Street Atomic Safety and Licensing Appeal Suite 2315 Panel (5)*
e Chicago, IL 60601 U.S. Nuclear Regulatory Comission Washington, DC 20555 Ronald Szwajkowski, Esq.
Matthew A. Rooney, Esq.
Docketing and Service Section (7)*
Mayer, Brown & Platt Office of the Secretary 231 South LaSalle Street U.S. Nuclear Regulatory Commission
-Chicago, IL 60604 Washington, DC 20555 Ms. Bridget Little Rorem Essex, IL 60935 (hwh-$: (Nusw (Y]u eJl,u Marjorie Ulman Rothschild Counsel for NRC Staff