ML20004F478

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Objects to 810602 Proposed Rule on Procedural Changes.Limit on 50 Interrogatories Would Damage Intervenor Ability to Obtain Facts & Clarify Issues.Rule Allowing Summary Disposition Motions Before Hearing Is Burdensome
ML20004F478
Person / Time
Site: Perry  FirstEnergy icon.png
Issue date: 06/11/1981
From: Alexander J
OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 8106180424
Download: ML20004F478 (2)


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June 11, 1981 cc~c 2 e' // g en c.:ac Secretary of the Commission Lil h

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U.S.- Nuclear Regulatory Commission 2 Washington, D.C.

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s As an Intervenor b the operating licens J.ng for the Perry, Ohio plant (Docket Nos. 50-W O and 50 441), the Ohio Citizens for Responsible Energy ("0CRE") is vitally concerned with the rule proposed on or about June 2, 1981 l

regarding procedural changes in such proceedings.

OCRE is greatly dism'yed with the proposed rule.

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OCRE's first point of dismay is with the limitation on the number of interrogatories to fifty (50).

This is an inval-

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izations;such as- 0CRE that can in no way afford the pre-trial I

deposition of witnesses.' While abuse has -no doubt occurred, r

to statutorily limit this discovery to all proceedings a

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triori can easily vitiate this Intervenor's ability to obtain all the facts and clarify all the issues.

The matter is

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best left with the individual Licensing Boards.

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._ Secondly,, th,e rule ~ allowing summary disposition of motions *

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at anytime prior to the hearing will place an onerous burden CC~,5C...and a-well,nigh.fmpossible; task of(addressing any such dis-

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1 position motions in a comprehensiye manner-upon this Inter-43.- -wh

.vanor.._It:J.stludicrous.for a Licensing Board to expect OCRE v

to contribhte mennhgfully ~1n the hearing if served with i

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.w Without listing. the potentia 11v_ disastrous effects of the

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other technical" steps 'taken in the rule,;0CRE only expresses j

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E its complete dissatisfaction..

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,lF The nuclear ~ industry has no room to lament of delay attrib-ib utable to it.

The driver of a car with a prototype engine can look only to himself and wait patiently until assistance

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arrives.

The industry knew what it was piloting long before

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March 28, 1979.

Now TMI has cent it back to the drawing board but it may not slice into the rights of citizens to i

..pr_atec.t their interests.. This group of citizens will j

relinquish those rights most reluctantly.

OCRE further asserts that the Licensing Board, through 10 CFR sections 2 717, 2 713, already has the power to avoid delay by "regulat(ing) the course of the hearing and

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the conduct of the participants."

The individual Boards i

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are best able to exercise the discretion necessary for a l

  • This writer has had access only to a June 3 AP article on the new rule,-

He assumas that by ' motion' it meant those issues or contentions raised by Intervenors.

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" fair and impartial hearing according to law." l'0 CFR sec. 2.718.

To remove that discretion, which the new rule does, amounts to castration of this Intervenor's ability to contribute meaningfully, let alone protect

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its interests.

OCRE hopes that further discussion on and a much-needed re-examination of this rule follow.

Respectfully, Jeff Alexander OCRE Representative

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929 Wilmington Ave. #H g,5., f..;>5's... Dayton, OH 45420 L..

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