ML20011A784
| ML20011A784 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 10/30/1981 |
| From: | Rawson R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111030172 | |
| Download: ML20011A784 (3) | |
Text
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UNITED STATES OF AMERICA HUCLEAR REGULATORY COMMISSION
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[ 88g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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.c COMMONWEALTH EDIS0N COMPANY Docket Nos. 50-454
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50-455 (Byron Station, Units 1 and 2)
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NRC STAFF ANSWER IN OPPOSITION TO INTERVENOR DAARE/ SAFE'S MOTION FOR EXTENSION I.
INTRODUCTION On August 18, 1981 a schedule for this proceeding was established by the Atomic Safety and Licensing Board. The Board designated November 1, 1981 as the last date for completion of discovery (with certain exceptions stated in the order). On September 9, 1981 the Board issued a Revised Schedule which made no change in the November 1, 1981 dis,,overy cut-off. On October 20, 1981 intervenor DAARE/ SAFE moved for an extension to November 15, 1981 of the time within which to complete its discovery.
For the reasons discussed below, the Staff opposes DAARE/ SAFE's motion.
II.
DISCUSSION Under 10 CFR 92.711(a), the time within which an act is required to be done may be extended for " good cause." In its " Statement of Policy on Conduct of* Licensing Proceedings" published in the Federal Register on May27,i981M the Commission advised Licensing Boards to satisfy themselves that the " good catise" standard has actually been met before granting an y
46 Fed. Reg. 28533; CLI-81-8,13 NRC 452 (1981).
8111030172 811030 DESIGNATED ORIGINAL -
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extension of time. The Comission also stated that requests for extension:: of time "should be received by the Board well before the time i
specifiedexpires."U i
Intervenor DAARE/ SAFE's motion fails to satisfy these Comission-established criteria. DAARE/ SAFE's termination of its attorney cannot i
be relied upon to establish " good cause" in this proceeding for an extension of the discovery completion date. Contrary to the suggestion in DAARE/ SAFE's motion that it learned only recently of the Board's schedule.
DAARE/ SAFE's prtevious co-representative Dr. Julianne Mahler appears on the l
service list of both the August 18 and September 9 scheduling orders.
i Counsel for the applicant has represented ti.at he spoke with another i
DAARE/ SAFE co-representative, Dr. Axel Meyer, about the i,. Just 18 order t
shortly after its issuance (Tel. Conf. Tr.10/2/81 at 16). Further, the f
author of the present motion for DAARE/ SAFE, Dr. Bruce von Zellen, was expressly advised by Staff counsel of the discovery schedule in a September 21, 1981 letter (AttachmentA). Copies of the August 18 and l
September 9 scheduling orders were later sent by Staff counsel to l
Dr. von Zellen following the October 2, 1981 telephone co.iference.
As the Board told Dr. von Zellen, during the October 2,1981 telephone conference, DAARE/ SAFE is responsible for designating its representative and fulfilling its obligations as an intervenor (Tel. Conf. Tr. at 11-12).
I The Board has already served notice to Dr. von Zellen that it does not intend I
to permit $he established schedule to. slip because of the inattentiveness of any party (Tel. Conf. Tr.10/2/81 at 20). Yet DAARE/ SAFE relies on l
nothing more than',its own inattentiveness in seeking this extension.
y 13 NRC at 454-455.
..._____ Intervenor DAARE/ SAFE also fails to satisfy the standard for timeliness established by the Commission. Answers and objections to interrogatories must ordinarily be served within fourteen days after service of the interrogatories.
In order for DAARE/ SAFE to have completed discovery by the November i date, it would have been required to file its interrogatories no later than October 16, 1981. Thus, DAARE/ SAFE's present ntion is untimely.
Pursuant to the Licensing Board's M0morandum and Order of December 19, 1980, the period for discovery in this proceeding commenced on that date.
Intervenors have failed, without good cause, to file interrogatories in the eleven months available to them. An extension of the discovery period now is unwarranted.
III. CONCLUSION DAARE/ SAFE's request for an extension of the discovery completion date should be denied as untimely and lacking " good cause". Such a dental will not unduly prejudice DAARE/ SAFE because of the provision in the Board's scheduling orders for later discovery regarding the Staff's Draft Environmental Statement, Safety Evaluation Report Final Environmental Statenent and Supplemental Safety Evaluation Report.E Respectfully submitted.
l Richard J. Rawson Counsel for NRC Staff Dated at-Bethesda, Maryland i
this 30th aay of October, 1981.
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Although discovery against the Staff is often more circumscribed than that available against other parties (See P_ennsylvania Power and Light Co. (Susquehanna Steam Electric Station, Units 1 and 2),
j ALAB-613, 12 NRC 317, 323 (1980)), the schedule in this proceeding l
provides more than ample opportunity for discovery upon the Staff.
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'*e NUCLE AR REGULATORY CO,*.*.'.*lSSION f
v.'ASMNG1 ON. D. C. 20L55
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September 21, 1981 DAARE P. O. Box 261 DeKalb, Illinois 60015 In the Matter of C0Ht!0NWEALTH EDISON C0".PANY (Bryon Station, Units 1 and 2)
Docket Nos. 50-454, 50-455
Dear Professor Von Zellen:
I am in receipt of a letter from you to James Snell of the NRC Staff requesting certain information regarding the Byron operating license proceeding. As I indicated in nty recent correspondence with you, as a member of Interv.enor DAARE-SAFE, any requests for information must be pursued through the laayer representing your organizatibn in this matter.
I am advised that prit NRC Staff counsel, M ron Karmon, conveyed similar information on an earlier occasion (s.
O' According to the Licensing Board's revised scheduling order, dated September 9,1981, discovery must be completed by November 1,1981.
Your anticipated cooperation is appreciated.
Sincerely,
/ d k.\\.4 Steven Cr Boldberg Counsel for NRC Staff l
cc:
Kenneth F. Levin, Esq.
Paul M. fturphy, Esq.
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U!;lTEP STATES OF A!!EF.ICA NUCLEAR REGULATORY CO:C; SS10!i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD _
In the Patter of COMM0!iWEALTH EDISON COMPANY Docket Nos. 50-454 50-455 (Byron Station, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER IN OPPOSITION 'ID INIERVENOR DAARE/ SAFE's M0fl0N FOR EXIENSION" 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, by deposit in the Nuclear Regulatory Comnission's internal mail system, this 30th day of October, 1981:
Marshall E. Miller, Esq., Chairman Mrs. Phillip B. Johnson Administrative Judge 1907 Stratford Lane Atomic Safety and Licensing Board Ro:kford* 1111noi:: 61107 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Ms. Diane Chavez 602 E. Oak Street Dr. A. Dixon.Callihan Administrative Judge fockford, Illinois 61108 Union Carbide Corporation P.O. Box Y
- Atomic Safety and Licens ng i
Oak Ridge, Tennessee 37830 Board Panel U. S. Nuclear Regulatory Commission Dr. Richard F. Cole Washington, D. C.
20555 Administrative Judge Atomic Safety and Licensing Board
- Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Appeal Board Panel Washington,- D.C.
20555
- U. S. Nuclear Regulatory Comnn,ssion Paul M. Murphy, Esq.
Washington, D. C.
20555 Isham, Lincoln 8.Beale One First National Plaza
- Docketing and Service Section Chicago, 111ino;s 60603 Office of the Secretary of the Commission Myron M. Cherr'y, Esq.
U. S. Nuclear Regulatory Comission Cherry, Flynn & Kanter Washington, D. C.
20555 One IBM Plaza, Suite,4501 Chicago, Illinois 60,611 9
mh e,-
Dr. Bruce Von Zellen Region 111 c/o DAARE U. S. !!uclear Regulatory Connaission o
P. O. Box 261 Office of Inspection & Enforcement DeKalb. Illinois 60015 799 Roosevelt Road Glen Ellyn, Illinois 60137 4
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Counsel for NRC Staff e
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