ML19352A990

Motion for Protective Order Re Applicant 810420 Request in Interrogatories for Info Re Affiliations W/Antinuclear Groups of Individuals Who Answered Interrogatories. Question Burdensome & Unconstitutional.W/Certificate of Svc

ML19352A990
Person / Time
Site:	05000142
Issue date:	05/20/1981
From:	Pollock M COMMITTEE TO BRIDGE THE GAP, POLLOCK, M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8106020516
Download: ML19352A990 (4)

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In the Eatter of Docket :~o. 50-142 THE RECE"TS 07 rT'2 U"IVE?S12 (?r posed Reneual o# .;..$cility CF N0?3'IA .icense L Number 3-71, (UCLA Research Reactor) "?IQUEST FCE FRC2CI'iZ CPIER

) RELCIVE TO APPLICAr!'S FI?ST SE'" CF I':"TERCCATORIES" I. THE MTIC" Intervenor hereby noves the Atonic Safety and Licensing 3 card for a protective order relative to Applicant's request, in introduction to its interrogatories of April 20, 19al, for Intervenor to provide infor ation regarding the affiliation with so-called " anti-nuclear Croups" of all persons identified in any way in answer to any of the Applicant's interrogatories. Intervenor objects on constitutional grounds. as well as the harrassing, burdensene, vague and irrelevant nature of the question and requests protection fron sairi question.

I l II. DISCUSSIC" At line 22 of page 2 of the introduction to Applicant's April 20, 1981 interrogatories to Intervenor, Applicant denands that any person P00R ORIGINAL 8106 0 205/(p 0 G 9G pp

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identified in any fashion in responso to any interror; story to identified 9' that person's " affiliation, if an,y with an r 'n.nti-nuclear organization'".

Line 11 of page 1 of the introduction makes a similar request.

A. The term " anti-nuclear orga.izaticn" is not defined anywhere in the interrogatories. :*o listing of such organisatiers is provided, no e:canples givens in short. no intornation previded to let Intervenor know which groups Applicant had in mind.

"he term in question has teen applied to such a diverse set of organizations as the Sierra Club, the Democratic Party, and even (by some industry spokespeople), the Nuc1 car Regulatory Connission.

Irtervenor has no way of knowing what Applicant intended try the use of the tern.

3. Applicant requests inforration as to all such affiliation with all such undefinnd organizations for all persons identified in any fashion in response to any interrogatory. This is clearly burdensome and irrelevant. ~ho affiliation of individuals with any organi::ation is not an issue in this proceeding. It can have no possible tearing on the ou tcone. Certainly the relevanco of such supposed identification for 3 11 persons identified in response to ityL interrogatory cannot be demonstrated. To attempt to acquire such inforration would be burdensome and in Intervener's view, is harrasnnent.

C. Most inportantly. Applicant's question raises serious constitutional questions. The right to privacy and the right to freedon of association are central to our Constitution. To demand that all affiliations with organizations of a cortain political cr social persuasion te identified for all persons tentioned in any fashion in an interroratory would te a grave violation of their rights and an P00R ORIGINAL

3 affront to the Constitution.

III. CC:'Cl!.~5IO:1 Intervenor respectfully requeats protaction fron Applicant's requests for inforration regardirg so-called " anti-nuclear organizations" rade on page 1 ard 2 of the introduction to Applicant's interrogatories of April 20, 1981. 3.e questien is burdensome, vague, irrelevant, and harrassing, and would violate Constitutional r16 hts of freedom of association.

Respectfu11hsubmitted,

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.f F Pollock Attorney for Intervenor

/ CCEEITTES TO 3RIEGE 32 GAP Cated: Fay 20,1981

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' CIITED STATES OF A:EtICA NUCLEAR REULATORY CC:HIISSI0li 3ERP.E THE ATOHIC S,Jr.!r! ,u;D__LICCSLG 60AJP In the Matter of )

.) Docket :.'o. 50-142 THE RE E;;TS OF THE GiIVERSITY ) i 0F CALI E RNIA ) (Proposed Renewal of Facility

) License) -

(UCLA Research Reactor) )

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C_mTIFICATE OF SERVICJ I hereby certify that copies of "I?""ERVT'CR'S REQUEST FCR PROIECTIVE ORDER REIATIVE TO APPLICA!:T'S FIRST SET CF LTERRCCATORIE" in the above-captioned proceeding has been served on the following by deposit in the United States rail, first class, this 20th day of Pay,1981.

Elizabeth S. Sowers, Esq., Chsirman Counsel for '. RC Staff Ad:tinistrative Judge U.S. Nuclear Regulatory Commission -

Atomic Safety and Licensing Board ,lashington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretar/

Dr. Emmoth A. Luebke U.S. Nuclear Regulatory commission Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Rodger Holt Esq.

Jashington, D.C. 20555 office of City Attorney 200 North Main Street Dr. Oscar H. Paris City Hall East, Room 1700 Administrative Judge Los Angeles, CA 90012 Atomic Safety and Licen: sing Board U.S. Nuclear Regulator / Commission Washington, D.C. 20555 William H. . ormier, Esq.

Office of Administrative Vice Chancellor Universit* of California 45 Hilgard Ave.

Los Ange'.es, CA 90024 l l

Christine Helwick, Esq. i I

Glenn R. Woods, Esq. -

l l Office of General Counsel l J L 2200 University Avenue 590 University Hall ,,

Berkeley, CA 94720 ,' j

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Mark Eollock Counsel for Intervenor QCELITTEE TO ditIDGE IHi; GAP

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