ML20010F881

Requests That ASLB Provide Guidance Re Proceeding W/Addl Discovery & Time Limits Applicable to Addl Discovery. Certificate of Svc Encl

ML20010F881
Person / Time
Site:	Clinton
Issue date:	08/31/1981
From:	Willman P ILLINOIS, STATE OF
To:
References
ISSUANCES-OL, NUDOCS 8109150072
Download: ML20010F881 (6)

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UNITED STATES OF AMERICA .- 3EE 9 1531

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NUCLEAR REGULATORY COMMISSION',{ 7 '

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In The Matter of )

f' /7 ILLINOIS POWER COMPANY, SOYLAND )

~'4 POWER COOPERATIVE, INC. and ) Docket Nos. 50-461 OL WESTERN ILLINOIS POWER COOPERATIVE, ) 50-462 OL INC. )

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Power Station, Units 1 and 2) ) /

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REQUEST FOR GUIDANCE ,

ON DISCOVERY L qg J c9 , ,s

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The PEOPLE OF THE STATE OF ILLINOIS (Illi ,'

TYRONE C. FAHNER, Attorney General of the State of Illinois, participating in the above captioned proccading as an interested state, pursuant to 10 C.F.R. S2.715(c), requests that the Atomic Safety and Licensing Board (.the Board) provide guidance as to further discovery in this proceeding. In support of this' request Illinois recites the following:

1. On May 29, 1981 the Board entered a Memorandum and Order admitting Illinois and Prairie Alliance, et al. (Prairie Alliance), to this proceeding, accepting contentions and ordering a hearing. Paragraph 6 of the Order states that the first round of discovery requests shall be completed by July 27, 1981, and that "[g]uidance as to the timing of further discovery will be given by the Board as needed. . . .

2. On June.26, 1981 Illinois filed by mail its First Set of Interrogatories and Request for Production of Documents to Illinois Power Company, et al. (Illinois Power), DSO3 s

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8109150072 810831 PDRADOCK05000g G

Prairie Alliance, Illinois Power, and NFC Staff also filed discovery requests.

3. On August 4, 1981 counsel for Illinois received Illinois Power's response to Illinois' discovery requests.

Illinois Power's production of documents was partial: it stated in answer to some of the requests that relevant documents are available for inspection at its offices. The parties have not yet arranged for an inspection of those documents.

4. Illinois wishes to proceed with further discovery requests, but it has refrained from doing so pending guidance from the Board. In particular, Illinois would like to file additional interrogatories and document production requests, schedule depositions, and file a motion to compel answers to discovery requests to which Illinois Powerchjected. However, it is not clear from the Board's Memorandum and Order whether Illinois can move forward without the Board's approval. Therefore, Illinois respectfully asks the Board to address the following questions:

a. When Illinois, and the other parties, may proceed with the additional discovery indicated above;

b. What time limitations should the parties adhere to in additional discovery activities, if not those provided in the NRC Rules of Practice and i

Procedure; and i

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c. What the Board anticipates will be the deadline fc- the completion of all discovery.

Respectfully submitted, PEOPLE OF THE STATE OF ILLINOIS TYRONE C. FAHNER Attorney General State of Illinois BY: -

PHILIP L' WI!LMAN Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312) 793-2491 OF COUNSEL:

PEED NEfTMAN DATED: August 31, 1981 l

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PROOF OF SERVICE I, ELIZABETH SZKLARZ, having been sworn and under oath, do state that I have this 31st day of August, 1981, served the foregoing Notice and Request for Guidance on Discovery, upon the persons to whom said Notice is directed, by posting same in envelopes addressed to said persons, by first class mail, postage prepaid, with the United States Postal Service located at 160 North LaSalle Street, Chicago, Illinois 60601.

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SUBSCRIBED AND SWORN TO BEFORE ME THIS 31ST DAY OF AUGUST, 1981.

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/ NOTARY PUBLIC li _ __ - . _ - _ . - . . - -

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY, )

SLILAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. )

) Docket Nos. 50-461 OL (Operating Licenses for Clinton ) 50-462 OL Power Station, Units 1 and ~.) )

NOTICE TO:

, Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard J. Goddard Office of the Executive Legal Director -

United States Nuclear Regulatory Commission Washington, D.C. 20555 c 9, 'c3 Peter V. Fazio, Jr. $I ~'

Schiff, Hardin, & Waite s g*2, ' %

7200 Sears Tower c 233 South Wacker Drive d3 6 Chicago, Illinois C0606 I  ::

l Prairie Alliance -

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P.O. Box 2424 :o Station A.

Champaign, Illinois 61820

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4tomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 PLEASE TAKE NOTICE THAT I have filed with the - Secra',ary of the United States Nuclear Regulatory Commission The State. of Illinois' Request For Guidance On Discovery. A copy of thf.s document is attached hereto and hereby served upon you.

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b. W PHILIP Lt WILLMAN Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago. Illinois 60601 (312) 793-2491

DATED: August 31, 1981

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