ML20002A242
| ML20002A242 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 10/31/1980 |
| From: | Szwajkowski R GENERAL ELECTRIC CO., MAYER, BROWN & PLATT |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20002A241 | List: |
| References | |
| NUDOCS 8011050411 | |
| Download: ML20002A242 (5) | |
Text
.
h s_/
. Dated:
October 31, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF GENERAL
)
ELECTRIC COMPANY,
)
)
l Docket No. 70-1308 Consideration of Renewal of
)
Materials License No. SMi-1265 )
Issued to G.E. Morris Opera- )
tion Fuel Storage Installa-
)
tion.
)
REPLY OF GENERAL ELECTRIC REGARDING ITS MOTION FOR SANCTIONS AGAINST ROREM General Electric Company
(" General Electric"), with leave of this Board, submits this memorandum in reply to the response of Intervenors Rorem, et al. ("Rorem") to General Electric's Motion For Sanctions, originally filed on October 9, 1980.
The motion seeks to have Rorem dismissed from this proceeding for their outright refusal to provide General Electric with any discovery concerning their contentions as admitted by the Board.
For its reply General Electric states as follows:
1.
The response of Rorem is the first time, since March 19, 1980 when they filed their Re-Amended Contentions, that these intervenors ' ave even communicated with the Board and other parties to this proceeding.
At the pre-hearing conference of February 29, 1980, this Board informed all the parties that it would no' longer accept-late filings at all.
Transcript of Proceedings, p. 111.
The Board further told the intervenors that, 8 011050 Ll \\1
if they had any problem with receiving filings late, they should write the Board, to let the Board know of the problem, so it could be corrected.
Id.
Rather than contacting the Board regarding any problem they had, the intervenors have simply igno_ed General Electric's motions and this Board's orders until they found themselves on the verge of being expelled from the proceeding.
2.
General Electric objects to Rorem's protest of the intervenors' inability to respond to the interrogatories because of their lack of financial and other resources and because the intervenors are not lawyers. /
Until this most recent filing, the intervenors failed to communicate to anyone the extent of their purported difficulities with regard to pending discovery requests in this matter.
~*/
These intervenors recently found ample time to undertake other activities related to the General Electric Morris operation -- the posting of signs around Morris, Illinois regarding shipments of spent nuclear fuel.
See the attached article from the Morris Daily Herald, September j
25, 1980, p. 1.
Moreover, it is reported in that article that Rorem ' stated:
"We contacted our lawyers and learned the only possible charge was for hanging the posters on the utility poles."
Id. (Emphasis added.)
Apparently, Rorem can obtain legal assistance when it' is deemed important enough to do so.
That presumably is not considered by the intervenors to be the case here. _ _.
3.
Finally, General Electric excepts to Rorem's position that they should be allowed "to continue in this proceeding even if they are only able to cross-examine those witnesses presented by the other parties."
(p. 4)
As intervenors they are parties to this proceeding, which not only confers privileges upon them but also requires that they accept corresponding j
responsibilities--such as, responding to legitimate discovery requests.
Rorem recognized as much at the pre-hearing conference held in thi,s matter, when M.
Rorem responded to an inquiry concerning one of their contentions that she would be happy to present evidence at a hearing on che contention, but she did not have to do so at the time of the pre-hearing conference.
(Transcript of Proceeding, p.121.)
Now Rorem seems to wish to shirk from that responsibility as well.
Rorem's recently filed response is at least a trit admission that they will not properly perform the responsibilities of parties to this proceeding and provides the Board with yet another reason to dismiss them as parties.
TW 3 card should grant General Electric's Motion for F~nctions and dismiss Rorem from this proceeding for the inter-
~
s.nors flagrant and repeated disregard of this Board's orders and schedules.
Respectfully submitted, GENERAL ELECTRIC COMPANY OF COUNSEL:
By:
MAYER, BF.OWN & PLATT Ronald W. S:wa]kowski 231 South LaSalle Street Matthew A.
Rooney Chicago, Illinois 60604 (312) 782-0600 Its Attorneys.
mo o
I
' ro w o
2 J RV) T o.?i TTD@it9 o 0, o H90 it MCO@@ T a
O O
,rwox
,o o 1 e[Ob b d)
[] O b 3
h C h h[h L
An environmental group son officials since they were ing the posters on the utility "At times the drivers of and an anti nuclear group hung on uttlity poles. Wednes-poles, those shipments drove 85 Q' Thursday claimed responsibil-day Gov. Thompson's office
" Commonwealth Edison miles an hour. Once they ity for posters warning announced the parties respon-doesn't tear'down the political stopped at a rest stop 3 eft 4l against increased shipments sible for the posters comd be posters which are hung on the the keys m the igmtion.
of, radioactive materials prosecuted.
utility polo. There was no Rorem said her group used cs which were plastered on utili-Gov. Thompson's Press Se-way they were going to prose-geiger counters and deter-ty poles and trees throughout cretary David Gilbert Thurs-cute us for hanging the pos-mined the casks (model NSF-w g
Ilhnois Tuesday.
day said the Greenpeace and ters on the poles."
- 4) containing the materials c3
. The environmental group Morris Alert groups would not She saidthe posters were an were leaking and the level of $
Greenpeace, associated with be prosecuted.
effort to alert the public to the radiation emitted was 10 to 11 W
gn d th a t nucle Gilbert said he suspected dangers of radioactive con. times the allowable level, a,
the posters were,s amendato-a reaction to tamination through ship-The posters Rorem's group croup Morris Alert claimed m
Gev. Thompson meats of radioactiye used for conveying its mes.
responsibihty for the posters u hich were labeled a hoax b'v ry veto oflegislation last week materials.
sage was condemned by Com.
O.
wtich would have established Gov. Thompson's office Tues-
"We wanted to bring about m o nwe a1th E dison, Q
day. The Morris Alert groupis a department fornuclearsafe-an awareness," she said, government and other anti-o tb.
an umbrella crumzation for "There are radioactive ship. nuclear groups.
o O local anti-nuclear groups.
Rorem said the the govern-ments brought through Mor-
"The message they had was The coordinator of the pos-ment and Commonwealth Ed-ris on Illinois 47 and through very necessary," Citizens ter program was Bridget ison would have had trouble Yorkvjlle and the people Against Federal Takeover O
Rorem of Essex and it in. prosecuting the nuclear aren't even aware of il President Karen Hynds said.
Z volved more than 200 volun-groups for hanging the pos-
"Right now radioactive "We don't agree with their U
teer workers. Rorem is a ters on the utitty poles.
mater 2als are bemg transport-methods though.
=f member of the Appleseed an.
"We were very thorough ed on Interstate 80 from Three "Our group wasn't involved u-nuclear orgamzation based about this before we went Mile Island.
with the posters."
- n the Wilmington Braidwoo. about it," Rorem said Thurs-
"Last year we monitored Gilbert said Tuesday the c Essex area.
day. "We contacted oor lawy-the shipments of nuclear posters were likely to com-h The posters were deemed 11 ers and learned the only materials from.a Genoa, Wis-pound.the problem by causing jegal by Commonwealth Ed-possible charge was for hang-consin plant to the Morris site. a panic.
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
4
)
GENERAL ELECTRIC COMPANY
)
)
Docket No. 70-1308 Consideration of Renewal of
)
Materials License No. SNW-1265)
Insued to GE Morris Operation )
?ael Storage Installation
)
CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a copy of MOTION FOR LEAVE TO FILE AND THE REPLY OF GENERAL ELECTRIC REGARDING ITS MOTION FOR SANCTIONS AGAINST ROREM, 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 October 31, 1980:
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 4
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, E.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketinc 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 Kankakee, Illinois 60901 Matthew A.
Rooney i
. _ _