ML20002E540
| ML20002E540 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/23/1981 |
| From: | Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20002E537 | List: |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8101290020 | |
| Download: ML20002E540 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensine Board 1
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In the Matter of
) ' Docket Nos. 50-329-OL
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50-330-OL CONSUMERS PC#4R COMPANY
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50-329-OM
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50-330-OM (Midland Plant, Units 1-and 2)
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MOTION TO COMPEL THE DEPOSITION OF HAROLD THORNBURG Pursuant to 10 C.F.R. S 2.740(f) Consumers Power
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Company
(" Consumers Power"), by its attorneys, moves for
-an order compelling the deposition of Harold Thornburg 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.
Thornburg.
The grounds in support of this motion are:
1.
On December 29, 1980, in a conference call initi-ated by Mr. William Olmstead for the NRC Staff, Mr. Olmstead i
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 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 the applicant to depose such t-i i
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'810.12900 @
l persons."
(Board ASLB Memorandum Concerning Telephone Conference Call, dated December-31, 1980 at page 5).
2.
The basis for the December 6,-1979 order which led to this evidentiary hearing is obviously of key impor-tance in this proceeding.
If there was no basis for issuing the order in the first place, the Staff's argu-ments that it should be sustained now are seriously under-cut.
During the course et the deposition of Staff witness Robert E. Shewmaker, on January 19, 1981, Mr. Shewmaker testified regarding a meeting attended by the NRC Project Manager for Midland, Mr. Hood and the head of Region III Inspectio.n and Enforcement, Mr. Keppler on November 28, 1979.
At that meeting, as reflected in Mr. Shewmaker's contemperaneous notes, Mr. Hood stated that "the proposed fixes (at Midland]~are such that if they are implemented properly they should be adequate" (Shewmaker dep. ex. 13 attached hereto) and Mr. Keppler stated that there had been no " breakdown" of quality assurance at Midland (Shewmaker dep. p. 108).
Mr. Shewmaker did not recall any attendee at the meeting urging the issuance of an order.
Two days later, however, on November 30, 1979, drafts of the order which was issued on December 6, 1979 were already being circulated (See Shewmaker deposition exhibit 28, attached hereto).
Shewmaker deposition exhibit 17, attached hereto, was identified by Mr. Shewmaker as a log of Mr. Thornburg's meetings with other NRC employees concerning Midland soils settlement issues (Shewmaker dep.
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- p. 139).
That log shows that Mr. Thornburg met with the two
' persons issuing the December 6, 1979 order, Mr. Stello and Mr. Case, on November 28 and November 29, 1980.
Mr. Shewmaker had no knowledge of the substance of these conversations (Shewmaker dep.:p. 140).
It is therefore apparent that Mr.
Thornburg possesses key infcrmation regarding the apparent change in position by the NRC Staff with respect to the issuance of the December 6, 1979 order and the basis for that order.
3.
At the conclusion of Mr. Shewmak,er's deposition, staff counsel was requested to make Mr. Thornburg available for deposition.
On January 21, 1981, staff counsel informed counsel for Consumers Power Company that Mr. Thornburg would not be made available for deposition.
4.
The foregoing conduct by counsel fe; the NRC Staff demonstrates apparent defiance of the Board's direction in the telephone conference call on December 29, 1980.
- Thus, the Staff should be ordered to produce Mr. Thornburg for his deposition and should be ordered to pay Consuners Power the costs and fees incurred in bringing this motion, the attendance fees for the court reporter for Mr. Thornburg, and the other costs and fees that will be incurred in taking his deposition.
Respectfully submitted, b
f.
t Michael I. Miller ISHAM, LINCOLN & BEALE One First National Plaza Chicago, Illinois 60603 312/558-7500
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