ML20028E316

Response in Opposition to Prairie Alliance 830105 Motion to Compel Production of Documents on Contention Vi.No Genuine Issue of Fact Exists Re Contention Vi.Applicants Entitled to Summary Disposition as Matter of Law.W/Certificate of Svc

ML20028E316
Person / Time
Site:	Clinton
Issue date:	01/17/1983
From:	Fox C ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE, SOYLAND POWER COOPERATIVE, INC., WESTERN ILLINOIS POWER COOPERATIVE, INC.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8301210215
Download: ML20028E316 (7)

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l UNITED STATES OF AMERICA g3 ,gg7gr NUCLEAR REGULATORY COMMISSION -

,c" IN THE MATTER OF ) '83 Jtf! 20 N0:38 ILLINOIS POWER COMPANY, )

SOYLAND POWER COOPERATIVE, INC. ) .

and WESTERN ILLINOIS POWER ) ,,. fu COOPERATIVE, INC. ) Docket No. 501 461 OL z

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(Operating License for Clinton )

Power Station, Unit 1) )

ANSWER OF APPLICANTS IN OPPOSITION TO PRAIRIE ALLIANCE'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS Pursuant to Section 2.730 (c) of the Rules of Prac-tice of the Nuclear Regulatory Commission, Illinois Power Com-pany, Soyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Inc. (" Applicants"), respond as follows to Prairie Alliance's Motion to Compel Production of Documents to Applicants of January 5, 1983 (the " Motion"):

1. The Motion should be dismissed because it is procedurally incorrect. Under 10 C.F.R. S 2.740 (f) (1) a motion to compel discovery may only be filed by a Party:

[i]f a deponent or party upon whom a request for production of documents or answers to interrogatories is served fails to respond or objects to the request, or any part thereof, or fails to permit in-spection as requested, the deposing party or the party submitting the request may move the presiding officer, within ten (10) days after the date of the response or after failure of a party to respond to the request for an order compelling a response or inspection in accordance with the request.

8301210215 830117 PDR ADOCK 05000461 0 PCR 03

Applicants have received no request from Prairie Alliance for production of documents with respect to Contention VI. Since Prairie Alliance has not requested documents from Applicants, as required by 10 C.F.R. S 2.741,.the Motion must be denied.

2. The Motion should be dismissed because it has not been sign'ed by the designated coordinator of Prairie Alliance's intervention effort. On November 5, 1981, the Parties were advised that Jan Kodner's motion to withdraw as attorney of record for Prairie Alliance had been granted by the Atomic Safety and Licensing Board (the " Board") and that Jean Foy would be the successor coordinator of Prairie Alliance's Intervention. The Motion was signed by Randall L.

Plant, and not Jean Foy. Under 10 C.F.R. S 2.708 (c) the original of each document submitted in a licensing proceeding must be signed by the Party or its authorized representative.

Jean Foy, and not Randall Plant, is the only authorized repre-sentative of Prairie Alliance and the only one who may sign documents on Prairie Alliance's behalf in these proceedings.

Applicants find it difficult, if not impossible, to deal with 1

Prairie Alliance when they do not know if the person signing on behalf of Prairie Alliance is in fact an authorized repre-

sentative of Prairie Alliance. This is especially true given the many changes in representatives of Prairie Alliance which i

have occurred since the initiation of these proceedings in 1980.1 1During the initial special prehearing conferences on interven-i tion and initial discovery, Prairie Alliance was represented by Allen Samelson and Craig Ehrlich. In the summer of 1981 i .

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3. On even date herewith, Applicants have filed a Motion for Summary Disposition of Contention VI. Applicants believe, as shown in the Motion for Summary Disposition, that there is no genuine issue of fact to be heard with respect to Contention VI and that Applicants are entitled to summary disposition as a matter of law. Until such time as the Motion for Summary Disposition is decided upon by the Board, any discovery proceedings with respect to Contention VI should be stayed.

Respectfully submitted,

( n s)ho NU One of the Attorneys for Applicants Sheldon A. Zabel Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: January 17, 1983 Terri Lang also represented Prairie Alliance in certain discovery matters. In September 1981, Prairie Alliance designated Charles Bacon as its representative. In March 1982, Jan Kodner filed his appearance as attorney of record. In November 1982, Mr.

Kodner with the Board's permission withdrew his representation and Jean Foy was designated as the representative.

CERTIFICATE OF SERVICE I hereby certify that an original and two con-formed copies of the foregoing document were served upon the following:

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch and that one copy of the foregoing document was served upon each of the following:

Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University

. 2300 Sixth Street, N.W.

Washington, D.C.

Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois C0610 Jean Foy 511 W. Nevada Urbana, Illinois 61808 8

O Prairie Alliance -

Box 2424 Station A Champaign, Illinois 61820 Herbert H. Livermore U.S. Nuclear Regulatory Commission RR 3, Box 229A Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 in each case by deposit in the United States Mail, postage prepaid on January 17, 1983.

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One of the Attorneys for Applicants Sheldon A. Zabel William Van Susteren Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000

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OCC .rM.E T EC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '83 J2120 P'0:38 IN THE MATTER OF )

ILLINOIS POWER COMPANY, l , ei SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. ) Docket No. 50-461 OL

)

(Operating License for Clinton )

Power Station, Unit 1) .)

NOTICE TO: Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar.H. Paris Atomic Safety and Licensing Bosrd U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 Jean Foy 511 W. Nevada -

Urbana, Illinois 61808 "3

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O Prairie Alliance Box 2424 Station A Champaign, Illinois 61820 Herbert H. Livermore U.S. Nuclear Regulatory Commission Clinton Nuclear Power Station RR 3, Box 229A Clinton, Illinois 61727 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 PLEASE TAKE NOTICE that I have filed with the Secretary of the United States Nuclear Regulatory Commission ANSWER OF APPLICANTS IN OPPOSITION TO PRAIRIE ALLIANCE'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS in the above-cap-tioned matter. A copy of this document is attached hereto and hereby served upon you. ,

GA$ >3 Uh One of ti.e Attorneys for Applicants Sheldon A. Zabel Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 i (312) 876-1000 Dated: January 17, 1983 1

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