ML20010B421
| ML20010B421 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 08/07/1981 |
| From: | Ryan P LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8108140458 | |
| Download: ML20010B421 (5) | |
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Docket Nos. 50-454
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50-455 (Byron Nuclear Power Station,
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Units 1 and 2)
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RESPONSE OF ROCKFORD LEAGUE OF WOMEN VOTERS TO MOTION TO COMPEL DISCOVERY The Rockford League of Women Voters ("the League"), by its attorneys, responds as follows to the Motion of Commonwealth Edison Company for an Order directing the League to respond to Interrogatories submitted by Commonwealth Edison Company:
1.
Edison's motion states that its Interrogatories were served on July 8,1981 and that a response was therefore due on July 27, 1981. On August 5,1981, approximately a week after the July 27th date, the League served and filed objections to the Interrogatories.
This brief delay was due to the circumstances described in paragraph 2 below, which have occasioned the absence of the League's counsel from the office during much of the m'onth of July, and to an inadvertent diarying error.
2.
Well prior to July 27, 1981, and well prior to the filing of Commonwealth Edison's motion to compel, counsel for Com nonwealth Edison was l
aware that lead counsel for the League was engaged full-time, and his partner (the undersigned) virtually full-time, in a court-mandated, six-day-a-week l
discovery and pretrial schedule in connection with a preliminary injunction I
hearing which was to (and did) commence on August 3,1981. That hearing, now underway in the Circuit Court of Kendall County, Illinois, is taking place in a 8108140458 810807 4,
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major lawsuit involving multiple parties; is hotly contested; ami is expected to last from three to four weeks.
'lhe full-time, court-mandated schedule in that case referred to above commenced prior to July 8,1981.
3.
During the week of July 27th, Edison's counsel communicated both by telephone and in writing with one of the League's counsel on other matters. 'Ihough aware of the facts set forth in paragraph 2, Edison's counsel did not mention the interrogatories cerein.
Rather, Edison's counsel filed a motion to compel at a time when Edison's counsel was aware that the League's counsel were unavoidably occupied with the preliminary injunction hearing described above.
4.
Counsel for the League believes that the League's objections to Commonwealth Edison's interrogatories have merit, and that as stated in those objections the interrogatories submitted by Commonwealth Edison are premature at this time. 'Ihe great burden of time and expense entailed in attempting to respond to those Interrogatories at this juncture is grossly disproportlante to the minimal oenefit (if any) which might be gleaned from responses which would l
necessarily be tentative, incomplete, and all but useless in preparing for hearings t
in this case in ti.dch the SER is not expected to be completed for almost another year.
Indeed, so far as we are aware the hearing date has not yet even been set in this case; nor is it reasonable to anticipate that hearings will begin until a year or more from now.
For these reasons, and in view of the circumstances set forth herein, it is respectfully submitted that Commonwealth j
Edison's motion to compel should be denied..
on 5.
An additional reason for denial or Commonwealth Edison's motion arises from the standard practice concerning discovery in the Federal Courts, from which the Commission's discovery rules are drawn. Florida Power & Light Co. (St. Lucie Plant, Unit No. 2), LBP-79-4, 9 NRC 164,169 (1979).
Rule 12(b) of the Rules of the United States District Court for the Northern District of Blinois, for example, provides that the Court will " refuse to hear... motions for discovery..., unless moving counsel shall first advise the Court in writing that after personal consultation and sincere attempts to resolve differences they are unable to reach an accord." That is a common sense procedure. 'Ihe League's counsel are more than willing to discuss Commonwealth Edison's Interrogatories with counsel for Commonwealth Edison in an attempt to arrive at an agreement.
Given the circumstances described in paragraphs 2 and 3 above, however, it is difficult to avoid the conclusion that Commonwealth Edison chose purposely to refrain from any such procedure in order to take -advantage of the League's counsel's involvement in the injunction proceedings described above.
We respectfully submit that maneuvers of that sort ought not to be encouraged by the Commission - just as they are prohibited by the Northern District of Bilnois Rule quoted above.
WHEREFORE, the League respectfully submits that Commonwealth Edison's motion to compel should be denied.
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One of the Attornefs for-the Rockford League of Women Voters Myron M. Cherry Peter Flynn CHERRY & FLYNN One IBM Plaza, Suite 4501 Chicago, Blinois 60611 (312) 565-1177. _. -..- -_ _.~ _
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4 PROOF OF SERVICE I certify that a copy of the foregoing Response Of Rockford League of Women Voters To Motion To Compel Discovery was served by United States mail, po',tage prepaid, upon each of the persons named in the attached service list at f he addresses therein given; and that the original and two copies of said Response was mailed, postage prepaid, to the Secretary of the Nuclear Regulatory Commission; all this 7th day of Augt t, 1 81.
0% % vte Peter Flynn i
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SERVICE LIST Marshall E. Miller, Esq.
Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. A. Dixon Callihan Union Carbide Corporation P.O. Box Y Oak Ridge, Tennessee 37830 Dr. Richard F. Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Secretary Attn: Chief, Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Michael I. Miller, Esq. -
Paul M. Murphy, Esq.
Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Blinois 60603 Kenneth F. Levin, Esq.
30 North La Salle Street Suite 2700 Chicago, Blinois 60602 e
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