ML20002E128
| ML20002E128 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/16/1981 |
| From: | Zamarin R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8101260480 | |
| Download: ML20002E128 (5) | |
Text
lll(t 7l
'~
/,
j
3
'D
\\
9-Jay A lgOI 2
~
cm, Y 0 f,7 >J y,
UNITED STATES OF AMERICA 4
A N/ i NUCLEAR REGULATORY COMMISSION m-f -..:ca y
/
,hf
~
Before the Atomic Safety and Licensing Board
^ r s
)
In the Matter of
)
Docket Nos. 50-329-OL
)
50-330-OL CONSUMERS POWER COMPANY
)
50-329-OM
)
50-330-OM (Midland Plant, Units 1 and 2)
)
)
MOTION TO COMPEL THE DEPOSITION OF KAMALAKER NAIDU Pursuant to 10 CFR 52.740 (f) Consumers Power Company (" Consumers Power"), by its attorneys, moves for an order compelling the deposition of Kamalaker Naidu and an order directing the Nuclear Regulatory Commission to pay to Consumers Power the reasonable attorneys' fees and costs incurred in presenting this motion and in deposing Mr. Naidu.
The grounds in support of this motion are:
1.
On December 29, 1980, in a conference call initiater' by Mr. William Olmstead for the NRC Staff, Mr. Olmstead stated that in accordance with " informal agreed discovery" that he was seeking the Board to direct all parties to adhere to, the Staff would follow the Board's admonition that, "Where it appears that the witnesses selected j
by the Staff do not have the requisite knowledge but that other named employees or consultants do, the Board urge (s) the Staff to honor requests by t
- o depose such persons."
(Board ASLB Memora ephone Conference MN 2 21987 m
'f" QW'*'IIJSO9 830]2EG
'v p
9 #/
6
'm
l Call, dated December 31, 1980 at page 5.)
Alleged quality assurance deficiencies in 2.
connection with the soil settlement which took place at the Midland site and the planned remedial work are key issues in this proceeding.
The deposition of Mr. James Keppler, Director, NRC I&E Region III, was taken at the Region III offices in Glen Ellyn, Illinois, on January 6, 1981.
Mr. Keppler responded to a question inquiring into the specific bases of Region III's concerns regarding Consumers Power's present QA program as follows:
"the specific concerns you from Mr. Gallagher and Mr. Naidu."
are going to have to get (Keppler deposition transcript, page 106, lines 5-7.)
At that time Consumers Power's counsel stated that it would obviously therefore be necessary to depose Mr. Naidu in order to obtain that information.
3.
During subsequent telephone communications Staff counsel William Paton was requested to determine whether Mr. Naidu could be made available for his deposition on the afternoon of January 16, 1981 since counsel would be in Glen Ellyn, at Mr. Naidu's of fices, for the completion of Mr. Keppler's deposition on that date.
Mr. Paton advised that he'would "see what he could do."
4.
On January 15, 1981 Mr. Paton advised counsel for Consumers Power that Staff Counsel William Olmstead refused to agree to Mr. Naidu's deposition because Mr. Naidu is not a designated witness.
This determination was made by t -
)
Mr. Olmstead notwithstanding the knowledge that Mr. Naidu, according to the testimony of the Director of I&E Region III was " knowledgeable on issues involved in the proceeding where the witness selected by the Staff (Keppler) did not have the requisite knowledge."
5.
The foregoing conduct by counsel for the NRC Staff demonstrates apparent defiance of the Board's direction in the telephone conference call on December 29, 1980.
More-in view of the brief time remaining to conclude discovery,
- over, the Staff's good faith in conducting discovery in this matter is questionable in light of the representations ~made by Mr.
Olmstead for the Staff during the conference call.*
6.
Thus, the Staff should be ordered to produce Mr. Naidu for his deposition at the Chicago offices of Consumers Power's counsel, should be ordered to pay Consumers Power the costs and fees incurred in bringing this motion, the attendance fees for the court reporter for Mr. Naidu, and the otner costs and fees that will be incurred in taking his deposition.
Res tfull submitted,
~
/
l c /
)
uk Rohal'a G. Zamarin i
ISHAM, LINCOLN & BEALE One First National Plaza Chicago, Illinois 60603 312/558-7500 l
It should be noted that the instant Staff conduct with regard to Mr. Naidu appears to be part of a continuing course of conduct by the Staff, beginning with the refusal to complete the deposition of Mr. Kane, the bringing of a Motion for Protective Order which is wholly without merit, telephone conference and the refusal to produce Mr. Naidu for deposition.
l l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board'
)
In the Matter of
)
Docket Nos. 50-329-OL
)
50-330-OL CONSUMERS POWER COMPANY
)
50-329-OM
)
50-330-OM (Midland Plant, Units 1 and 2)
)
)
CERTIFICATE OF SERVICE I,
Ronald G.
Zamarin, nereby certify that a copy of Consumers Power Company's Motion to Compel the Deposition of Kamalaker Naidu was served upon Charles Bechhoefer and Gustave A.
Linnenberger by hand on January 16, 1981 and upon all other persons shown in the attached service list by deposit in the United States mail, first class, on January 15, 1981.
m Lf x
{,
I Ronald Zazrt rin h
V 4
4 5
t
+
1
e SERVICE LIST Frank J. Kelley, Esq.
Steve Galdler,.Esq.
Attorney General of the 2120 Carter Avenue State of Michigan St. Paul, Minnesota 55108 Stewart H. Freeman, Esq.
Assistant Attorney General Atomic Safety & Licensing Appeal Panel Gregory T. Taylor, Esq.
U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D.C.
20555 Environmental Protection Div.
720 Law Building Mr. C.
R.
Stephens Lansing, Michigan 48913 Chief, Docketing & Service Section Office of the Secretary Myron M. Cherry, Esq.
U.S. Nuclear Regulatory Commission One IBM Plaza Washington, D.C.
20555 Suite 4501 Chicago, Illinois 60611 Ms. Mary Sinclair 5711 Summerset Street Mr. Wendell H. Marshall Midland, Michigan 48640 RFD 10 Midland, Michigan 48640 William D. Paton, Esq.
Counsel for the NRC Staff Charles Bechhoefer, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Bd. Pnl. Washington, D.C. 20555 U.S. Nuclear Regulatory Com.
Washington, D.C.
20555 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Dr. Frederick P. Cowan Washington, D.C.
20555 6152 N. Verde Trail Apt. B-125 Barbara Stamiris Boca Raton, Florida 33433 5795 North River Road Route 3 Mr. Gustave A.
Linnenberger Freeland, Michigan 48623 Atomic Safety & Licensing Bd.
U.S. Nuclear Regulatory Com.
Sharon K. Warren Washington, D.C.
20555 636 Hillcrest Midland, Michigan 48640 Carroll E. Mahaney Babcock & Wilcox P. O. Bcx 1260 Lynchburg, Virginia 24505 James E.
Brunner, Esq.
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 t-+-3,,-
aw-m