ML20024E559

Motion for Leave to File Reply Brief to Applicant & NRC 830803 & 01,respectively,answers Opposing Miami Valley Power Project Motion to Compel Discovery.Assertion of Boundary on Discovery Should Be Briefed.Certificate of Svc Encl

ML20024E559
Person / Time
Site:	Zimmer
Issue date:	08/11/1983
From:	Devine T GOVERNMENT ACCOUNTABILITY PROJECT, MIAMI VALLEY POWER PROJECT
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8308150300
Download: ML20024E559 (2)

Text

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UNITED STATES OF AMERICA WCLEAR RH3UIA'KRY COMISSICN

, _ r~ e l

BEIORE THE ATCMIC SAFLTY Am LICENSING BOARD l

DOCKETED USNRC In the Matter of )

) '83 AUG 12 P3:45 j TIE CINCINNATI GAS AND EL1LTRIC )

l CCHPANY, E AL. ) DocketNo.0j50d56 SEcrim

) 00 CME 4 mci & sEkn' (Mn. H. Zinmer Nuclear Ibwer ) BRANCH Station) )

)

MIAMI VALLEY PCHER PROJELT'S MOTION FCR LEAVE

'IO FILE A REPLY BRIEF 'IO APPLICANTS AND STAFFS' ANSWERS TO MVPP MarION TO CCNPEL DISCXNERY

(

On August 3,1983 the Applicants, through counsel, filed " Applicants' I Response to Reply Brief by Miami Valley Power Project in Support of Moticn to Reapen the Record and Applicants' Answer to Motion to Permit (sic) Discovery" in the above-captioned matter. The Nuclear Regulatory Comnission ("NRC") Staff similarly had filed an answer on August 1,1983. Both the Applicants and Staff opposed the MVPP motion. The Miami Valley Power Project ("MVPP") noves for 1/

leave to reply to both briefs on this issue.-

Both the Staff and Applicant asserted without authority a boundary on discovery that disqualifies MVPP's motion. MVPP had cited precedents that applied the discovery rules to notions to reopen.-2/ MVPP requests the opportunity to fully brief the issue, if this Board has any doubt about its authority to order discovery at this stage of the proceedings.

Respectfully submitted,

~

A J August 11, 1983 Thcznas Devine Counsel for Miami Valley Power Project Goverrunent Accountability Project 1901 "Que" Street, N.W.

0308150.300 830811 Washington, D.C. 20009 PDR ADOCK 05000358 O PDR E MVPP has been informed that this Board will not consider Applicants' respcnse to MVPP's reply brief on the motion to reopen. On that basis, MVPP is not moving to strike the response.

2f Reply Brief by Miami Valley Power Project in Support of Motion to Reopen the Record for Admission of Eight Contentions on Quality Assurance and Character and Gonpetence; and Motion to Connel Discovery on those Contentions (July 12, 1983), at 32 n. 32-34.

CIRTIFICATE CF SElWICE povEC I HEREBY CERPIFY that copies of the foregoing "MiamiNabey Power Project's Motion For Imave To File A Reply Brief To Applicants and Staffs' to MVPP'S Motion To Conpel Discovery" has been serva3 upg thgf' qqlo@i3i nailing first-class, postage prepaid, this lith day of August, 8r.

Judge John H. Frye, III Chairman, Atomic Safety and Licensing Troyj&sryygudahnBEConner,'fKeq Conne Board U.S. Nuclear Regulatory Cmmission 1747 Pennsylvania Ave., N.W.

Washington, D.C. 20555 Washington, D.C. 20006 Charles A. Barth, Esquire John D. Woliver, Esquire Counsel for the NIC Staff Clernont County Camunity Council Box 181 Office of the Executive Legal Director Batavia, OH 45103 U.S. Nuclear Regulatory Conmission Washington, D.C. 20555 Brian Cassidy, Esquire Dr. Frank F. lboper Regional Counsel l

Sierra Nevada Aquatic Research Federal Emergency Management i Laboratory Agency - Region I l Route 1, Ibx 198 John W. McCormack POCH Mannoth Lakes, CA 93546 Ibston, MA 02109 l

l l Dr. Stanley M. Livingston George E. Pattison, Esquire l Administratiw Judge Prosecuting Attormy of l 1005 Calle Ianjo Clernent County, Ohio Sante Fe, New Mexico 87501 462 Main Street Batavia, CH 45103 Nuclear Regulatory Camissioners (4)

U.S. !G2 clear Regulatory Conmission Docketing and Service Branch Washington, D.C. 20555 Office of the Secretary U.S. Nuclear Regulatory Cmmission Chairman, Atrmic Safety and Washington, D.C. 20555 Licensing Appeal Board Panel '

U.S. Nuclear Regulatory Conmission David K. Martin, Esquiru Washington, D.C. 20555 Assistant Attorney General Acting Director, Division of Robert F. Warnick Environmental Law Director, Enforcement and 209 St. Clair Street Investigation Frankfort, KY 40601 NRC Region III 799 Roosevelt Road William J. Moran, Esquire Glen Ellyn, IL 60137 Vice President and General Counsel The Cincinnati Gas arr3 Electric Deborah Faber Webb, Esquire cmpany 7967 Alexandria Pike P.O. Box 960 Alexandria, KY 41001 Cincinnati, OH 45201 Andrew B. Dennison, Esquire Attorney at Iaw 200 Main Street r Batavia, 011 45103 -

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Thomas Devine Counsel for MVPP