ML20010C074
| ML20010C074 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 08/14/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8108190092 | |
| Download: ML20010C074 (5) | |
Text
I 8/14/81
~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NORTHERN INDIANA PUBLIC
.)
Docket No. 50-367 SERVICE COMPANY
)
(Construction Permit Extension)
)
(Bailly Generating Station,
)
Nuclear-1)
)
NRC STAFF RESPONSE T0 " PORTER COUNTY CHAPTER INTERVEN0RS' MOTION FOR LEA /E TO INITIATE FURTHER DISCOVERY" On July 31, 1981 Porter County Chapter Intervenors ("PCCI") filed a
" Motion for Leave to Initiate Further Discovery" to allow it to file an additional round of discovery following up on resporres to interrogatories and documents served on PCCI by the NRC Staff on July 24, 1981, but not received until July 31, 1981.
The present cut-off date for filing of discovery on admitted contentions is July 31, 1981.
The Staff does not believe that PCCI's mere assertion of a need for follow-up discovery, without identification of the specific interrogatories and documents as to which it requires further information, satisfies the Licensing Board's l' good cause" standard for requests to extend discovery beyond Board-established dates.
See Licensing Board's " Order (Summarizing Actions Taken at Conference Call of August 3,1981)", issued on August 4,1981. The Board also i
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provided, however, that good cause would be found where delay in the issuance of a Board order ruling on contested discovery justified extension of a discovery deadline. j01., para. 8.
In this instance, the timing of the NRC Staff Answers to Porter County Chapter Intervenors' First Set of Interrogatories (July 24,1981) and the production of related documents in response to PCCI's "Second Request to the NRC for Production of Documents," under cover of letter dated July 24,1981, was dependent upon issuance of a Board order making the necessary findings under 10 C.F.R. 9 2.720(h)(ii) and
- ruling.on the Staff's objection to one of the interrugatc.ies.
Such an Order was issued on July 10, 1981.
Under these circumstances, we believe PCCI is entitled to a short extension of time to file an additional round of discovery based upon those interrogatory responses and documents.
The matter is different, however, with respect to the documents produced in response to PCCI's " Third Request to the NRC for Production of Documents." As indicated in our covering letter of July 24, 1981, the Staff did not view that request as relevant to any of the admitted issues in this " extension" proceeding. Nevertheless, the Staff responsed to the request since the subject' addressed was arguably relevant to any proceeding which the Commission might order on the "short piles." That production was undertaken in order to minimize discovery time required in any such proceeding.
Since that time, however, the quantity of discovery filed in the extension proceeding has increased and it no longer is feasible for the Staff to simultaneously respond, in an
3{ -
anticipatory manner, to discovery related to the monitoring of the installation'of short piles (or to other matters concernino pile depth not related to issues in the extension proceeding).
Therefore, we respectfully request that PCCI's motion be denied is d,
it relates to discovery spawned by documents produced in response to the third request.
Respectfully submitted, Stephen H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of August,1981 B
f
n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NORTHERN INDIANA PUBLIC SERV [CE ) Docket No. 50-367 ~ )l (Construction Permit Extension)' ~ COMPANY (Bailly Generating Station, ) Nuclear-1 ) CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO ' PORTER COUNTY CHAPTER INTERVEN0RS' liOTION FOR LEAVE TO INITIATE FURTHER DISCOVERY'" 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 through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of August,1981: Robert L. Graham, Esq.
- Herbert Grossman, Esq., Chairman, One IBM Plaza Administrative Judge Atomic Safety and Licensing Board Panel 44th Floor U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555 George and Anna Grabowski Robert L. Holton, Administrative Judge 3820 Ridge Road School of Oceanography Highland, Indiana 46322 Oregon State University Corvallis, Oregon 97331 John Van Vranken, Esq., Chief Northern Region J. Venn Leeds, Administrative Judge Environmental Control Division 10807 Atwell 188 West Randolph Street Houston, Texas 77096 Chicago, Illinois 60601 Kathleen H. Shea, Esq. Clifford Mezo, Acting President Lowenstein, Newman, Reis, Axelrad, local 1010 and Toll United Steelverkers of America 1025 Connecticut Avenue, N.W. 3703 Euclid Avenue East Chicago, Indiana 46312 Washington, D.C. 20036 Robert J. Vollen, Esq. William H. Eichhorn, Esq. c/o BPI Eichhorn, Morrow & Eichhorn t 109 North Dearborn Street 5243 Hohman Avenue Chicago, Illinois 60602 Hammond, Indiana 46320 Edward W. Osann, Jr., Esq. Atomic Safety and Licensing f Suite 4600 Board Panel l One IBM Plaza U.S. Nuclear Regulatory Commission L Chicago, Illinois 60611 Washington, D.C. 20555
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_g_ Z Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Comission Washington, D.C. 20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comission Washington, D.C.
20555 * ) N.M-Stspherf H. Lewis Counsel for NRC Staff 9 o 4 9 1 D 4 1 J 9 l i 2 -- - ~ _ _ - -, _.-_-.m- - -}}