ML20010H566
| ML20010H566 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 09/17/1981 |
| From: | Gallo J, Steptoe P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8109250251 | |
| Download: ML20010H566 (7) | |
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i:1.dl BEFORE THE ATOMIC SAFETY AND LICENSING BOARD~. y (P '
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) Docket No. 50-155-OLA CONSUMERS POWER COMPANY
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(Big Rock Point Nuclear Power Plant)
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MOTION TO COMPEL O8/a
'l INTERVENOR CHRISTA-MARIA, ET AL'.5 AND INTERVENOR JOHN P. O'NEILL,^
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-M ',[ TO IDENTIFY EXPERT WITNESSES BYN .x NOVEMBEP 1, 1981
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N Consumers Power Company (" Licensee") hereby moves, pursuant to 10 C.P.R. SS 2.740(f), 2.718, and the NRC's recent " Statement of Policy on Conduct of Licensing Proceedings," for an Order requiring Intervenor Christa-Maria, et al., and Mr. John P. O'Neill to provide Licensee no later than Novemoer 1, 1981, with a definite list of expert witnesses they intend to call to testify in this case, and to make such experts available for deposition. On March 13, 1980, and March 14, 1980, Licensee propounded its first and only set of Interrogatories to pSd s j ( 8109250251 810917 $DRADOCK 05000155 PDR
' Intervenor Christa-Maria, et al., and Mr. John P. O'Neill, respectively. Licensee's Int._rogatories were limited to five in number (some had subparts) and basically requested intervenors to identify for each contention and Board question in this case the expert and factual witnesses they expected to call, the substance of these witnesses' testimony, all documents relied upon by such witnesses, and all documents which intervenors expected to introduce into evidence. Mr. John P. O'Neill and Intervenor Christa-Maria, et al., filed answers dated April 3, 1980 and April 11, 1980. Octh intervenors named JoAnne Bier and Shirley J. 5 Johns as witnesses, apparently factual witnesses, with respect to certain contentions. Both intervenors stated that they were attempting to find other expert witnesses to 4 testify on their behalves and ack. ,1 edged a continuing responsibility to respond further to Licensee's interrogat-ories if they were successful in retaining such experts. Intervenor Christa-Maria, et al., was no more specific than this. Mr. O'Neill listed a number of experts whom he did not " expect to call, but rather those that (he] would hope to call."b.! -1/ The " experts" mentioned by Mr. O'Neill were: Dr. Helen Caldicott, M.D. Dr. Ernest Sternglass, Ph.D. Sr. Rosalie Bertel, Ph.D. Dr. Richard Webb Robert Pollard y O % 1.N O I
' Subsequently, on July 6, 1981, Licensee's counsel sent letters to Mr. Sommel, Counsel for Christa-ML -ia, et al., and to Mr. O'Neill, re'4.nding them of their onzAgation under 10 C.F.R. S 2.740(e) to update their responses to interrogatories, particularly with respect to the identifi-cation of expert witnesses. Licensee has not received the courtesy of a written reply from either Mr. O'Neill or Mr. Cuamel. Mr. Semmel has orally advised us that his client has not settled on any expert witnesses, although discussions with several potential witnesses have been going on for some time. The schedule stipulated to by all parties and reflected in this Board's ORDER FOLLOWING SPECIAL PREHEARING CONFERENCE, LBP-80-4, 11 N.R.C. 117, 134 (January 17, 1980), as subsequently nodified on June 17, 1980, provides for final responses to interrogatories by August 31, 1981. The scl:edule calls for the filing of written testimony by December l 7, 1981. Licensee believes that it is clearly entitled to know who intervenors' expert witnesses will be, and 24 take their depositions a reasenable time in advance of the date for filing testimony. Intervenors should not be able to avoid their responsibilities under the discovery process, and to prejudice Licensee's trial preparation, by indefinitely
postponing decisions as to which expert witnesses, if any, they will call. Intsrvenors have in the past claimed that, due to lack of funds and due to the remoteness of the Big Rock Point site, they find it difficult to interest persons they consider to be experts in testifying in this proceeding. This does not excuse indefinite procrastination in respond-ing to Licensee's legitimate inquiries. It has been 18 months since Licensee first asked intervenors for a list of expert witnesses. Less than thr'< months remain before testirc.ony must be filed. Lice:.sae therefore requests that intervenors be directed to provide it, no later than November 1, 1981, with a final list of expert witnesses they intend to call in this proceeding, and also be directed to rake those expert witnesses available for deposition in the same time frame. November 1 is a reasonatde date because it gives intervenors a reasonable time to complete their efforts to find " expert?" who will support their contentions, and at the same time it provides Licensee witb some time (not much) to schedule depositions of such witnesses before testimony must be submitted. Obvic;ely, intervenors could still call expert witnesses not identified before November 1, 1981, for good cause shown (that is, if for some good reasor. - could not previously hava been retained), provided such wicnesses were
-s-I made available to Licensee for deoosition a reasonable time before trial. For the forecoina reasons, Licensee's Motion should be granted. Respectfully submitted, 73pdphGpilo ~ j &4 Phillip P./Steptoe / Two of the Attorneys for Consumers Power Company ISHAM, LINCOLN & BEALE Suite 325 1120 Connecticut Avenue, N.W. l Wadhington, D.C. 20036 l (202) 833-9730 ISHAM, LINCOLN & BEALE Suite 4200 One First National Plaza l Chicago, Illinois 60603 (312) 588-7500 Dated: September 17, 1981 i 1 t
e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION p FORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ) Docket No. 50-155-OLA COJ4UMERS F0WER COMPANY ) (Spent Fuel Pool ) Modification) (Big Rock Point Nuclear Power Plant)) CERTIFICATE OF SERVICE I hereby certify that copies of CONSUMERS POWER COMPANY'S MOTION TO COMPEL INTERVENOR CHRISTA-MARIA, ET AL., AND INTERVENJR JOHN P. O'NEILL TO IDENTIFY EXPERT WITNESSES BY NOVEMBER 1, 1981, in the above-captioned proceeding were served en the following by deposit in the United States mail, first-class postage prepaid, this 17th day of September, 1981. l Herbert Grossman, Esquire Atomic Safety and Licensin; Administrative Judge Board Panel Atomic Safety and Licensing U S. Nuclear Regulatory l Board Panel Commission U. S. Nuclear Regulatory Washington, D. C. 20555 Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board Panel Dr. Oscar H. Paris U. S. Nuclear Regulatory Administrative Judge Commission l Atcric Safety and Licensing Washington, D. C. 20555 l Board Panel l U. S. Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary Washington, D. C. 20555 U. S. Nuclear Regulatory l Commission l Mr. Frederick J. Shon Washington, D. C. 20555 j Administrative Judge Atomic Safety and Licensing Bcard Panel U. S. Nuclear Regulatory l Commission l Washington, D. C. 20555 i
.' Janice E. Moore, Esquire Judd Bacon, Esquire Counsel for NRC Staff Consumers Power Company U. S. Nuclear Regulatory 212 West Michigan Avenue Commission Jackson, Michigan 49201 Washington, D.C. 20555 Ms. Christa-Maria Herbert Semmel, Fsquire Route 2, Box 108C Urban Law Institute Charlevoix, Michigan 49720 Antioch School of Law 2633 16th Street, N.W. Ms. JoAnne Bier Washington, D.C. 20009 204 Clinton Charlevoix, Michigan 49720 Mr. Joi O'Neill, II 4 Route 2, Box 44 Mr. James Mills Maple City, Michigan 49664 Route 2, Box 108 Charlevoix, Michigan 49720 u s osep Gall'o r -}}