ML20003F457
| ML20003F457 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos File:GEH Hitachi icon.png |
| Issue date: | 04/20/1981 |
| From: | Bachmann R, Swanson D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SC, NUDOCS 8104210278 | |
| Download: ML20003F457 (5) | |
Text
i
..s 04/20/81 j
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
s
,g b
1 in the Matter of j
p 2198f 4 GENERAL ELECTRIC 00"PANY
)
Docket No. 50-4 (ShowCause){
f (Vallecitos Nuclear. Center -
General Electric Test Reactor,
)
Operating License No. TR-1)
)
6 /
=
STAFF'S MOTION FOR ORDER COMPELLING INTERVENORS TO RESPOND TO NRC STAFF INTERR0GATORIES AND REQUEST FOR DOCUMENTS i
On March 16, 1981, the NRC Staff timely filed "NRC Staff Request for Admissions and Interrogatories, and Request For Documents of Intervenors",
directed to Intervenors Friends of the Earth and Congressman Dellums in the captioned proceeding. This discovery was served by express mail on the above date.
In response to the motion of Intervenors dated April 2,1981 for an extension of time in which to respond to the Staff's and Licensee's discovery, the Licensing Board issued an Order dated April 14, 1981 which ex, tended the deadline for a response to the discovery until April 10, 1981.
If The undersigned Staff counsel represented to counsel for Inter-venors that the Staff had no objection to Intervenors' request for an extension of time based on the representation from counsel for Intervenors that substantially complete responses would be sub-mitted by April 10, 1981 and that the extension of time would not affect the schedule for submitting testimony or for the hearing.
In addition, counsel for Intervenors informed Staff counsel that Intervenors had no objection to the discovery posed by the Staff.
9
O On April 15, 1981, the Staff received Intervenors jointly filed response to the Staff's discovery request, which provided only a response to the request for admissions.
Intervenors did not submit responses to the Staff's interrogatories nor did they respond to the Staff's requests for documents. Moreover, Intervenors did not object to any of the interroga-tories or requests for documents posed by the Staff by the date set by the Board in its Memorandum and Order dated February 3,1981, for filing objections to discovery, or March 25, 1981.
The original schedule for discovery set forth in the Licensing Board's Memorandum and Order dated February 3,1981 called for filing of discovery responses by April 3,1991, and for filing of motions to compel based on those responses by April 13, 1981, a ten-day period.
Because of the time extension of one week requested by the Intervenors and granted by the Board, the Staff did not receive Intervenors' response until April 15, 1981, two days after motions to compel were due to be filed.
The time.from April 15, 1981 to the present has been spent by the Staff in reviewing intervenors' response and attempting to contact Intervenors to determine if the rest of the response due had been filed but not received by the Staff. Up0a ascertaining that the responses had indeed not been sent, the Staff filed this motion with the Board.
The Staff believes that the circumstances described constitutes good cause for delay in filing this motion one week after the filing date in the Board's Memorandum and Order of February 3,1981.
Accordingly, the Staff respectfully requests, pursuant to 10 CFR I
9 2.740(f), that the Licensing Board issue an order compelling Intervenors j
. -, C
o Friends of'the Earth and Congressman Dellums to provide promptly, in writing and under oath, full, direct, and responsive answers to the Staff's interrogatories and requests for documents, dated March 16, 1981.
Respectfully submitted, Daniel T. Swanson Counsel for NRC Staff Richard G. Bachmann Counsel for NRC Staff Dated at Bethesda, Maryland this 20th day of April,1981
, - mgy s e.
e,.
e ma>e a
O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of GENERAL ELECTRIC COMPANY
.)
Docket No. 50-70
)
(Show Cause)
(Vallecitos Nuclear Center -
)
General Electric Test Reactor,
)
Operating License No. TR-1)
)
CERTIFICATE OF SERVICE I hereby certify that copfss of " STAFF'S MOTION FOR ORDER COMPELLING INTER-VENORS TO RESPC'O TO NRC STAFF INTERROGATORIES AND REO.UEST FOR DOCUMENTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 20th day of April, 1981:
Herbert Grossman, Esq., Chairman
- The Honorable Phillip Berton Administrative Judge ATTN: Mary Atomic Safety and Licensing Board 2454 Rayburn House Office Bldg.
U.S. Nuclear Regulatory Commission Washington, DC 20515 Washington, DC 20555 Glenn W. Cady, Esq.
1r. George A. Ferguson Law Offices of Carniato & Dodge Administrative Judge 3708 Mt. Diablo Blvd., Suite 300 School of Engineering Lafayette, CA 94549 Howard University 2300 6th Street, N.W.
George Edgar, Esq.
Washington, DC 20059 Morgan, Lewis & Bockius 1800 M Street, N.W.
Dr. Harry Forenan Washiraton, DC 20036 Administrative Judge Box 395, Mayo Jed Somit, Esq.
University of Minnesota 100 Bush Street - Suite 304 Minneapolis, MN 55455 San Francisco, CA 94104 The Honorable Ronald V. Dellums Edward A. Firestone, Esq.
ATTN:
H. Lee Halternan, Esq.
General Electric company 201 13th Street, Roon 105 Nuclear Energy Divisions Oakland, CA 94617 175 Curtner Avenue San Jose, CA 95125 Ms. Barbara Shockley (Mail Code 82E) 1890 Bockman Road San Lorenzo, CA 94590
. The Honorable John L. Burton Docketing and Service Section (7)*
1714 Longworth House Office Bldg.
Office of tRe Secretary Washington, DC 20515 U.S. Nuclear Regulatory Comission Washington, DC 20555 Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Appea Panel (5)"
U.S. Nuclear Regulatory Commission Washington, DC 20555 i
l l
Richard G. Bachmann Counsel for NRC Staff l
l 1
I_
-.....-- -