ML20024F426
| ML20024F426 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 08/31/1983 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8309090369 | |
| Download: ML20024F426 (5) | |
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08/31/83 r
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CINCINNATI GAS AND ELECTRIC
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Docket No. 50-358 COMPANY, et al.
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(Wm. H. Zimmer Nuclear Power Station, Unit No.1)
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NRC STAFF ANSWER IN OPPOSITION TO MIAMI VALLEY POWER PROJECT MOTION FOR LEAVE TO FILE A REPLY BRIEF INTRODUCTION The NRC Staff (Staff) opposes Miami Valley Power Project's (MVPP)
August 11,1983 " Motion For Leave To File A Reply Brief To Applicants' and Staff's Answers to MVPP Motion To Compel Discovery."
(Motion)
On July 12, 1983, MVPP filed a reply brief in support of its motion to reopen record. As part of its filing, MVPP moved the Board "for dis-covery if necessary to further justify the existence of genuine unresolved issues on significant safety consideratons described in the eight proposed contentions.2_/ "(footnote deleted).
" Reply Brief By Miami Valley Power Project In Support Of Motion To Reopen The Record For Admission of Eight Contentions On Discovery on Those Contentions" (July 12,1983)at2. The Staff and Applicants opposed the motion for discovery by briefs dated August 1 and August 3, 1983, respectively. By filing dated August 11, 1983, MVPP seeks to reply to the Applicants' and Staff's answers in oppo-sition to its motion for discovery.
DESIGNATED ORIGINAL Certified By A
N6M 0309090369 030831
{DRADOCK05000
i 9 DISCUSSION It is well established that a moving party has no right to reply to answers to its motion.
See 10 C.F.R. 5 2.730(c); and the Detroit Edison i
Ca. (Enrico Fermi Atomic Plant, Unit 2), ALAB-479, 7 NRC 470, 471 (1978).
Permission to file a reply brief should only be granted where good cause exists. Here the basis asserted by MVPP for permission to file a reply brief is that MVPP " requests the opportunity to fully brief the issue." No reason is provided by MVPP for failing to " fully brief the issue" in its initial motion. Movants' failure to brief its case clearly is not good cause to submit additional filings.
The second ground asserted by MVPP as legal justifiation to file a reply. brief is that "[b]oth the Staff and Applicant asserted without authority a boundary on discovery that disqualifies MVPP's motion." This assertion is in error.
See "NRC Staff's Answer Opposing MVPP's Motion For Protective Order And Motion For Discovery" at 2-3 (August 1,1983);
" Applicants' Response To Reply Brief By MVPP In Support of Motion To Reopen The Record And Applicants' Answer To Motion To Permit Discovery" at9,n.22(August 3,1983). The filings by the Staff and Applicants set forth authorities for the well-established principles that discovery does not begin until a contention or matter in controversy has been admitted by the Board and that a petitioner is not entitled to discovery to assist him in framing contentions.
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4 CONCLUSION MVPP having set forth no good cause, its motion to file a reply brief should be denied.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 31st day of August, 1983 0
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CINCINNATI GAS AND ELECTRIC Docket No. 50-358 COMPANY, el d.
(Wm. H. Zimmer Nuclear Power Station, Unit No. 1)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER IN OPPOSITION TO MIAMI VALLEY POWER PROJECT MOTION FOR LEAVE TO FILE A REPLY BRIEF" 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,..through deposit in the Nuclear Regulatory Commission's internal mail system, this 31st day of August,1983:
John H. Frye, III, Chairman
- John D. Woliver, Esq.
Administrative. Judge Legal Aid Society Atomic. Safety and Licensing Board P.O. Box #47 U.S. Nuclear Regulatory Commission 550 Kilgore Street Washingt'on, DC 20555 Batavia, OH 45103 Dr. Frank F.. Hooper Timothy S. Hogan, Jr., Chairman Administrative Judge Board of Connissioners School of Natural Resources 50 Market Street University of Michigan:
Clermont County Ann Arbor, MI 48109 Batavia, OH 45103 Dr. M. Stanley Livingston William J. Moran, Esq.
Administrative Judge General Counsel 1005 Calle Largo Cincinnati Gas & Electric Co.
Santa Fe, NM 87501 P.O. Box 960 Cincinnati, OH 45201 Troy B. Conner, Esq.
Conner & Wetterhahn Andrew B. Dennison, Esq.
1747 Pennsylvania Avenue, N.W.
200 Main Street Washington, DC 20006 Batavia, OH 45103 s
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. Mr. Samuel H. Porter Vernon Adler Porter, Wright, Morris & Arthur FEMA 37 West Broad Street 500 C Street, S.W.
Columbus, OH 43215 Washington, DC 20472 Deborah Webb, Esq.
Lynne Bernabei,.Esq.
7967 Alexandria Pike Government Accountability Alexandria, KY 41001 Project /IPS 1901 Q Street, N.W.
Lawrence R. Fisse, Esq.
Washington, DC 20009 Assistant Prosecuting Attorney 462 Main Street Mr. Robert F. Warnick Batavia, OH 45103 U.S. Nuclear Regulatory Commission W. Peter Heile, Esq.
Regicq III 799 Roosevelt Road Assistant City Solicitor Glen Ellyn, IL 60137 Room 214, City Hall Cincinnati, OH 45220 Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Comission Washington, DC 20555 Atomic' Safety and Licensing Appeal Board
- U.S. Nuclear Regulatory Commission Washington, DC 20555 f',
Docketing and Service Section*
Char s A. Sa Office of the Secretary Counsel for NRC Staff U.S. Nuclear Regulatory Commission l
Washington, DC 20555 David Martin, Esq.
Capital Buildina Room 18 Frankfort, KY 40601 Brian Cassidy, Esq.
Regional Counsel FEMA. Region I J. W. McCormack POCH Boston, MA 02109
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