ML20027D158
| ML20027D158 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/27/1982 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8210280346 | |
| Download: ML20027D158 (5) | |
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ORIGINAL,
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10/27/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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I CLEVELAND ELECTRIC ILLUMINATING
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Docket No. 50-440 OL COMPANY, ET AL.
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50-441 OL
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(Perry Nuclear Power Plant,
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Units 1 and 2)
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NRC STAFF'S ANSWER TO MOTION OF OHIO CITIZENS FOR RESP 0flSIBLE ENERGY TO EXTEND TIME FOR DISCOVERY ON ISSUE #9 I.
INTRODUCTION On October 15, 1982, Ohio Citizens for Responsible Energy (OCRE) moved the Licensing Board to extend the deadline for filing discovery on Issue #9. The motion is addressed to discovery against both the NRC StaffandtheApplicants.E With respect to discovery against the Staff OCRE requests that the deadline for filing discovery requests be extended until ten days after the Staff files its answers to OCRE's Fourth Set of Interrogatories to the Staff. For the reasons discussed below OCRE's motion should be denied.
y The Staff will address only that portion of the motion related to discovery against the Staff. Discovery against Applicants is a matter between OCRE and Applicants.
8210280346 821027 PDR ADOCK 05000440 0
II. DISCUSSION OCRE filed its " Fourth Set of Interrogatories to NRC Staff" on August 30, 1982, seven weeks after the Licensing Board admitted Issue #9 on July 12, 1982. Having been put on notice on several occasions that the Staff by voluntarily answering certain interrogatories not submitted under the provisions of 10 CFR 2.720(h)(2)(ii) was not waiving its right to require compliance with those provisions as to others, OCRE has no cause to complain that it allowed the October 15th deadline to arrive without having attempted to have the Licensing Board direct the Staff to answer interrogatories for which OCRE could make the required showing under the Rules of Practice. After receiving the Staff's voluntary answers to its improperly submitted interrogatories, if OCRE believes that under the Rules of Practice it is entitled to further answers to interrogatories from the Staff, it should submit those interrogatories to the Licensing Board, and, in addition to showing why they could not have been asked prior to receipt of the Staff's answers,U OCRE should be required to show why the Licensing Board should find (1) that answers to the interrogatories are not reasonably available from any other source and (2) that the answers to the interrogatories are necessary to a proper decision on whether radiation-induced embrittlement of polymers in safety-related electrical insulation at Perry could compromise plant safety.
If, after reviewing OCRE's demonstration, the Licensing Board cannot find y
The Staff's voluntary answers to all of OCRE's " Fourth Set" of interrogatories concerning Issue #9 were filed by the Staff on October 22, 1982.
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that OCRE has made such showings and was justified in its failure to exercise its discovery rights prior to passage of the October 15th deadline for completing discovery on Issue #9, the Staff does not believe it can find good cause for extending the deadline.
In any event, OCRE has failed in its present motion to provide justification for the requested extension of the discovery period on Issue #9.
III. CONCLUSION OCRE's motion for extension of the October 15th deadline for completion of discovery against the NRC Staff on Issue #9 should be denied.
Respectfully submitted,
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James M. Cutchin, IV Counsel for NRC Staff Dated at Bethesda, Maryland this 27th day of October, 1982 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CLEVELAND ELECTRIC ILLUMINATING Docket No. 50-440 OL COMPANY, ET AL.
50-441 OL (Perry Nuclear Power Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO MOTION OF OHIO CITIZENS FOR RESPONSIBLE ENERGY TO EXTEND TIME FOR DISCOVERY ON ISSUE
- 9", dated October 27, 1982 in the above-captioned proceeding have been served on the following by deposit in the United States mail, or as indicated by an asterisk through deposit in the Nuclear Regulatory Comission's internal mail system this 27th day of October,1982:
- Peter B. Bloch, Esq., Chairman Donald T. Ezzone, Esq.
Administrative Judge Assistant Prosecuting Attorney Atomic Safety and Licensing Board 105 Main Street l
U.S. Nuclear Regulatory Comission Lake County Administration Center Washington, DC 20555 Painesville, Ohio 44077
- Dr. Jerry R. Kline Susan Hiatt Administrative Judge 8275 Munson Avenue Atomic Safety and Licensing Board Mentor, Ohio 44060 U.S. Nuclear Regulatory Comission Washington, DC 20555 Daniel D. Wilt, Esq.
P. O. Box 08159
- Mr. Frederick J. Shon Cleveland, Ohio 44108 Administrative Judge Atomic Safety and Licensing Board Terry Lodge, Esq.
U.S. Nuclear Regulatory Comission Attorney for Intervenors Washington, DC 20555 915 Spitzer, Ohio 43604 Toledo, Ohio 43604 l
Jay Silberg, Esq.
Shaw, Pittman, Potts and Trowbridge John G. Cardinal, Esq.
1800 H Street, NW Prosecuting Attorney Washington, DC 20036 Ashtabula County Courthouse Jefferson, Ohio 44047 l
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- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Washington, DC 20555
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Comission Washington, DC 20555
- Docketing and Service Section Office of the Secretary of the Comission U.S. Nuclear Regulatory Comission Washington, DC 20555
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