ML20010E078

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Order Granting T Kenney 810825 Motion for Extension of Time to File Discovery Plan.Also Defers Time for All Parties to Submit Discovery Plan Until ASLB Issues Guidance
ML20010E078
Person / Time
Site: Perry  FirstEnergy icon.png
Issue date: 08/31/1981
From: Kline J, Shon F
Atomic Safety and Licensing Board Panel
To: Kenney T
AFFILIATION NOT ASSIGNED, CLEVELAND ELECTRIC ILLUMINATING CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
ISSUANCES-OL, NUDOCS 8109030040
Download: ML20010E078 (2)


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ATOMIC SAFETY AND LICENSING BOARD

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Peter B. Bloch, Chairman M

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Dr. Jerry R. Kline

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Docket Nos. 50-440-0L COMPANY, et _al.

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50-441-0L (Perry Nuclear Power Plant, Units 1 & 2))

August 31, 1981

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ORDER GRANTING INTERVENOR TOD KENNEY'S MOTION FOR EXTENSION OF TIME AND EXTENDING TIME FOR OTHER PARTIES TO FILE DISCOVERY PLANS Ir. our Special Prehearing Conference Memorandum and Order (PHC Order) of July 28, 1981, we directed each party to file a written discovery plan by August 3, 1981.

(PHC Order at 92).

On August 25, 1981, Tod Kenney filed his Inte-1or's Objection to the Improper Service of Documents and Motion for Time Extension (Kenney Motion) in which he asserted that correspondence, including the PHC Order, which had been addressed to him, had been erroneously so addressed.

He asked an extension of tima corresponding to the delay so l

l incurred in the due date for his discovery plan. Our inquiry has shown that l

the PHC Order was indeed sent to an. incorrect address.

Good cause has thus been shown, and we would ordinarily extend Mr. Kenney's time to file a discovery plan until September 15, 1981.

We have, however, considered the nature of the replies we have so far received to our order for discovery plans, the replies being those of the Staff (NRC Staff Motion for Clarification of, and Response to, Licensing Board QW srj pag'28881ola88Ag o

. Special Prehearing Conference Order.

(Staff Motion) at p. 4) and OCRE (OCRE Discovery Plan). The discovery plans offered by these parties are so de-ficient in useful substarce that we feel it will be necessary to clarify our intent lest they become models for the plans of other parties.

We plan, therefore, to issue additional guidance on the nature of the discovery plans required in the near future.

Until that guidance issues, we will set no date for submission of the plans.

It is therefore, this 31st day of August 1981 ORDERED:

That the time for all parties to submit discovery plans is deferred until guidance on their preparation is issued.

Note:

Chairman Bloch was not available for concurrence in this Order and has thus not concurred.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

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Frederick J. Sh ADMINISTRATIVE

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{ perry Rl Kline VADMINISTRATIVE JUDGE August 31, 1981 Bethesda, Maryland i

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