ML20027E497

Motion to Extend Time to File Motion for Litigable Issue on QA Contention.Discovery on Contention Incomplete.Responses to Interrogatories Necessary in Order to Prepare Motion. Proof of Svc Encl

ML20027E497
Person / Time
Site:	Perry
Issue date:	11/10/1982
From:	Wilt D SUNFLOWER ALLIANCE, WILT, D.D.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8211150431
Download: ML20027E497 (3)

Text

8 s -

000XETED UiNEC

'82 NOV 12 Pl2:00 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CF, ,;E J. Eid:dMRv liCCKET:t.G & SERylCE E3ANCM Before the Atomic Safety and Licensing Board In the Matter of ) Docket Nos. 50-440-OL

) 50-441-OL CLEVE1:AND ELECTRIC ILLUMINATING )

CO,gtal )

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

MOTION TO EXTEND TIME TO FILE MOTION FOR LITIGIBLE ISSUE QUALITY ASSURANCE Sunflower Alliance Inc., et al, moves this honorable Board for its order extending the time in which Sunflower Alliance Inc. must file a Motion for Litigible Issue.

A brief is attached in support of this Motion.

Respectfully submitted,

' f

\m G N(M' DapielD.Wil6,Esq. .

Attorney for Sunflower Alliance Inc.

P.O. Box 08159 Cleveland, Ohio 44108 (216) 249-8777 PROOF OF SERVICE The undersigned certifies that a copy of this Motion has been sent to all persons on the service list on this (I) day of November, 1982.

\'AtII. k ~

D nleM. M1h, Esq.

0211150431 8211 -

{DRADOCK05000fkg A torney,for Sunflower Alliance Inc. ,

PDR i 35 d3

I I i BRIEF Pursuant to a previous order of this Board, Sunflower Alliance Inc.

is required to file a Motion for Litigible Issue on the Quality Assurance contention by November 15, 1982. Sunflower' requests that this date be extended to a future date for the reasons that follow.

First, discovery is not yet complete on this contention. Contempor-aneously with the filing of this Motion, Sunflower is filing a set of Interrogatories dealing with the Quality Assurance contention with the Presiding Of ficer with the request that the Presiding Officer order the NRC Staff to answer the Interr-ogatories. The answers to these Interrogatories are n cessary in order for Sunflower to prepare a Mation for Litigible Issue. Thus, should the-Presiding Officer order the NRC Staff to answer the Interrogatories, a reasonable time

\

beyond the filing of the answers should be allowed so that; Sunflower can make b useoftheanswersinpreparibgtheMotionforLitigibleIssue.

Second, the NRC Staff has changed its position in responding to Sunflower's discovery requests. Previously, the NRC Staff voluntarily responded to virtually all of Sunflouch's discovery reques'ts. This procedure was followed by the NRC Staf f up to about October of this year. Then, suddenly and without warning, the Staff changed its position. The Staff is now refusing to voluntarily respond to Sunflower discovery requests and this has led to the Motion to the Presiding Officer described above. Further, Sunflower is now required to travel to Washington to visit the Public Document Room in order to obtain infor-mation it needs to prepare its case. This change in the NRC position has caught Sunflo scr of f guard to. Sunflower's considerable prejudice.

, k 3

e 6 i

u

(

+

1 Finally, pursuant to 10 CFR 2.749(a) and 2.749(c), Sunflower is not presently able to produce evidence in the form of affidavits or other-wise to support its position. This is true for the reasons previously set forth in this Brief. Sunflower is sending representatives to Washington to visit the Public Document Room but this will take time. Sunflower does not believe that

/

it sh'ould be penalized and an issue of such public importance as Quality Assurance dismissed because of the change in NRC Staf f position described above.

The hearings scheduled to start on February 15, 1983 are not the final hearings.

Two contentions are already indefinitely postponed and a new set of contentions have recently been admitted and assigned to another Intervenor. Thus, no hard-ship (other than to Sunflower and the public) exists if this matter was in fact continued.

SunflowerkilianceInc.urgesthat this Motion be granted.

Respectfully submitted, CA /

D iel D. Wilt,V sq7 E

/#

" torney for Sunflower Alliance Inc.

e

. I