ML20027E833
| ML20027E833 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 11/12/1982 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8211160235 | |
| Download: ML20027E833 (5) | |
Text
__
~:^.
e 11/12/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMilSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CON 40NWEALTH EDISON COMPANY Docket Nos. 50-454 50-455 (ByronStation, Units 1and2)
NRC STAFF RESPONSE TO LEAGUE OF WOMEN VOTERS MOTION FOR PRODUCTION OF DOCUMENTS I.
INTRODUCTION On October 22, 1982, the Rockford League of Women Voters (League) filed a motion, pursuant to 10 C.F.R. I 2.744, for the production of all documents identified by the Staff in answer to the League's proposed interroghtories to the Staff on the same date. The motion claims that all such documents are unavailable pursuant to 10 CFR i 2.790 and are necessary to ascertain the full basis for the Staff interrogatory answers.
Despite the overbroad nature of the present motion, the Staff will, as required by 10 CFR i 2.744, make available for inspection and copying /
anyNRCrecordsanddocuments(asthattermisdefinedin10CFR92.4(g))
not available for inspection and copying in the NRC Public Document Room or reasonably from some other source.
1
- /
Section 2.741(e) of the Ccmmission's regulations makes it clear that the production of NRC documents under 10 C.F.R. 5 2.744 is satisfied if the subject documents are made available for inspection and copying.
Certified BY
O
}
y s II. DISCUSSION Discovery upon the Staff stands on a "different footing" than discovery upon other parties. Pennsylvania Power and Light Co.
(SusquehannaSteamElectricStation, Units 1ar.d2),ALAB-613,12NRC 317,323(1980). By regulation, most Staff documents that are relevant to licensing proceedings are routinely made available in the NRC Public Document Room. 10 CFR 5 2.790; Susquehanna, supra. As the Appeal
. Board, citing Appendix A to 10 CFR Part 2, has observed: "[T]he contemplation is that these 'should reasonably disclose the basis for the staff's position,' thereby reducing any need for fomal discovery."
Susquehanna, supra.
In furtherance of this policy, the Comission discovery rules limit the discovery of NRCl documents from the Staff to those items not reasonably obtainable from other sources. 10 CFR 5 2.744(b), Susquehanna, supra.
As relevant to the instant motion, the Staff has yet to ascertain what documents will be referenced in its answers to League interrogatories.
These answers are expected to be provided by November 22, 1982, thirty days' from service of the interrogatories, in accordance with the procedu'.al schedule contained in this Board's August 30, 1982 Memorandum and Order and the parties' August 18, 1982 scheduling stipulation. The Staff will make available for League inspection and copying all of the requested NRC records or documents that are not present in the NRC Public Document Room I
or reasonably obtainable from another source. The Staff objects to the general production of identified NRC records or documents that are avail-able in the Public Document Room or are reasonably obtainable from ane' her t
source though it may voluntarily elect to provide such documents.directly once the volume and availability of documents becomes known.
s l
- 4 III. CONCLUSION In light of the foregoing, the Staff believes that the present motion is premature and overbroad and is objectionable on that ground.
Nonetheless, the Staff will make available for inspection and copying NRC documents identified in answers to League interrogatories consistent with the requirements and limitations of 10 CFR I 2.744.
Respectfully submitted, Steven C. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 12th day of November, 1982.
~;~ ~~. :
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COPHISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of COMMONWEALTH 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 RESPONSE TO LEAGUE OF WOMEN V0TERS MOTION FOR PRODUCTION OF DOCUMENTS" 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 Comission's internal mail system, this 12th day of November,1982:
- Ivan W. Smith, Chaiman Region III Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Office of Inspection & Enforcement U.S. Nuclear Regulatory Comission 799 Roosevelt Road Washington, DC 20555 Glen Ellyn, IL 60137 Dr. A. Dixon Callihan Mrs. Phillip B. Johnson Administrative Judge 1907 Stratford Lane Union Carbide Corporation Rockford, IL 61107 P. O. Box Y Oak Ridge TN 37830 Ms. Diane Chavez i
l 326 N. Avon Street
- Dr. Richard F. Cole Rockford, IL 61103 Administrative Judge Atomic Safety and Licensing Board Dr. Bruce von Zellen U.S. Nuclear Regulatory Comission c/o DAARE Washington, DC 20555 P. O. Box 261 DeKalb, IL 60015 Paul M. Murphy, Esq.
Isham, Lincoln & Beale Doug Cassel, Esq.
Three First National Plaza Jane Whicher, Esq.
I Chicago, IL 60602 109 N. Dearborn Street Chicago, IL 60602
(
Myron M. Cherry, Esq.
Cherry & Flynn Joseph Gallo, Esq.
Suite 3700 Isham, Lincoln & Beale Three First National Plaza Suite 840 Chicago, IL 60102 1120 Connecticut Aver.ue, NW Washington, DC 20036
~'
- Atomic Safety and Licensing Board Panel U.S. Nucl~ ear Regulatory Comission Washington, DC 20555
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Comission Washington, DC 20555
- Document Management Branch Document Control Desk Room 016 Phillips Building 4
Steven C. Goldberg u
Counsel for NRC Staff i
.