ML19350B604
| ML19350B604 | |
| 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 8103230119 | |
| Download: ML19350B604 (3) | |
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O 3/19/81 a
UNITED STATES OF Af1 ERICA j
fiUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
In the flatter of
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GENERAL ELECTRIC COMPANY)
Docket No. 70-1308 (Renewal of SNM-1265) j (GE florris operation Spent Fuel
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i Storage Facility)
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NRC STAFF RENEWAL OF MOTION FOR ORDER C0r1PELLING INTERVEN0R THE STATE OF ILLIN0IS TO RESPOND FULLY TO NRC STAFF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS On August 19, 1980, the NRC Staff (Staff) filed "NRC Staff's T-totion To Compel Responsive Answers to Certain Staff Interrogatories To Intervenor State of Illinois of July 15, 1980".
(A copy of the Staff's Motion is attached to this motion as " Attachment 1".)
This motion was filed in view of the failure of Intervenor The State of Illinois (hereafter " Illinois") to 9
respond fully to."NRC Staff Interrogatories and Request for Production of Documents",' July 15,1980 (hereafter " Staff Interrogatories and Request for 4
Production of Documents").- On September 9,1980, the Atomic Safety and Licensing Board (hereafter "the Board") ordered Illinois to answer the
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_- - Staff's interrogatories and request for production of documents by Septem-ber30,1980.1/
Subsequently, on October 15, 1980, the State of Illinois filed a "flotion to Stay Proceeding", in light of the new regulation (10 CFR Part 72) governing this proceeding.
The Staff supported Illinois' Motion to Stay, but requested that the Board require both Intervenors to comply with any outstanding discovery requests.
See "NRC Staff Answer to 1) Motion 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 motions for sanctions.
In addition, the Board established a schedule for resumption of the proceeding, which was subsequently anended in " Order Ruling on Motion to Amend", February 19, 1981.
These orders established February 26, 1981 and March 19, 1981, respectively, as the dates for the filing of additional contentions and discovery requests. However, neither of the II See " Order Ruling on flotions to Compel Discovery Against the State of Illinois Filed By The Aplicant and the Nuclear Regulatory Commission Staff and Setting Time for Filing Motion for Sumnary Disposition",
September 9, 1980. With respect to Illinois, the Board stated that:
...the State of Illinois is directed to answer the inter-rogatories of the Applicant and the Staff which are the subject of the notions to compel. The State should, in answering such interrogatories, supply all of the requested
'infonnation which it has, responsive to such interrogatories.
Answers should include at least a page number reference to tha liiB report or other documents where responsive material appears. Order, supra, at 2.
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I Board's orders referred to the Board's previou- >rder granting the Staff's motion compelling Illinois to respond to the previous discovery requests filed in this proceeding.
As of this date, the tRC Staff his not received any answers filed by Illinois in response to the Board's September 9,1980, Order, supra.
Accordingly, the Staff hereby renews and reasserts its notion and requests that Illinois be ordered to respond fully and accurately to the Staff's Interrogatories and Request for the Production of Documents, supra.
Respectfully subnitted, tu p U k IL1%cMel ifarjorie Ulman Rothschild Counsel for NRC Staff Dated at Bethesda, Maryland this 19th day of March, 1981
Arratw~ca 1 OS/19/SC UNITED STATES OF AMERICA NUCLEAR REGULATORY C0f011SSION BEFORE THE AT011C SAFETY AND LICENSING BOAR' In the 11atter of
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GENERAL ELECTRIC COMPANY
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Docket No. 70-1308 (GE Morris Operation Spent Fuel Storage Facility)
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NRC STAFF'S MOTION TO COMPEL RESPONSIVE ANSWERS TO CERTAIN STAFF INTERROGATORIES TO IriTERVEN0R STATE OF ILLIN0IS OF JULY 15, 1980 1.
INTRODUCTION AND BACKGROUND On July 15, 1980, the NRC Staff (Staff) filed a series of interrogatories and requests for production of documents directed to Intervenor the State of Illinois (Illinois or Intervenor) with regard to Illinois' admitted conten-tions.
On August 4,1980, Illinois filed " Objections and Answers to Inter-rogatories Propounded By Staff".
In responding to these interrogatories, Illinois " generally objected to the Interrogatories propounded by the Staff as being unduly burdensome and oppressive in that the staff has submitted 27 pages of Interrogatories, some 68 separate questions, to ba answered within a two week period." Without waiving this objection, Illinois stated that it "has attempted to answer these Interrogatories within the time allotted by the Board."1/
1/ Illinois further stated that "All documents referred to herein are available for Staff examination in the Office of the Attorney General, 188 West Randolph, Suite 2315, Chicago, Illinois 60601."
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