ML20028G257

Motion for Protective Order That Discovery Not Be Had Re Prairie Alliance 830128 Request for Production of Documents on Contention Vi.Motion for Summary Disposition Shows No Remaining Issue of Fact on Contention.W/Certificate of Svc

ML20028G257
Person / Time
Site:	Clinton
Issue date:	02/02/1983
From:	Fox C ILLINOIS POWER CO., SOYLAND POWER COOPERATIVE, INC., WESTERN ILLINOIS POWER COOPERATIVE, INC.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8302070565
Download: ML20028G257 (8)

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W QTJn UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION'83 pg ~4 P2:23 IN THE MATTER OF )

ILLINOIS POWER COMPANY, )

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. Docket No. 50-461 OL

)

)

(Operating License for Clinton )

Power Station, Unit 1) )

MOTION OF APPLICANTS THAT DISCOVERY NOT BE HAD WITH RESPECT TO PRAIRIE ALLIANCE'S REQUEST FOR PRODUCTION OF DOCUMENTS OF JANUARY 28, 1983 Pursuant to Section 2.740(c) of the Rules of Prac-tice of the Nuclear Regulatory Commission ("NRC"), Illinois Power Company, Soyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Inc. ("A"plicants") move for c protective order that discovery not be had with respect to Prairie Alliance's Request for Production of Documents of January 28, 1983 (the " Request"). In support of their Motion, Applicants state as follows:

1. Prairie Alliance in its Request seeks documents and other information* which could only be arguably relevant

• Although Prairie Alliance styles its Request as a request for production of documents pursuant to 10 C.F.R. S 2.741, three of the five numbered requests (Numbers 3, 4, and 5) are not reqcests for documents. Instead Request Numbers 3, 4, and 5 seek to have Applicants answer various questions concerning General Electric's nuclear business operations. Thus Request Numbers 3, 4, and 5 are in the form of interrogatories and cannot be considered requests for production of documents.

If Prairie Alliance wants the information it seeks in Request Numbers 3, 4, and 5, it should comply with the proper rules.

8302070565 830202 PDR ADOCK 05000461 503 ;

to Contention VI (concerning General Electric's alleged with-drawal from the nuclear hardware market). Applicants find Prairie Alliance's Request curious, to say the least, since it partially duplicates Prairie Alliance's Motion to Compel Production of Documents to Applicants of January 5, 1983

(" Motion to Compel"). Request Number 1 of Prairie Alliance's Request seeks the same documents as Request Numbers 1 and 2 of Prairie Alliance's Motion to Compel and Request Number 2 of the Request seeks the same information as Request Number 3 of the Motion to Compel.

l

2. Applicants previously answered Prairie' Alliance's I

Motion to Compel in their Answer of Applicants in Opposition to Prairie Alliance's Motion to Compel Production of Documents of January 17, 1983 (the " Answer"). In their Answer, Appli-cants gave three reasons why Prairie Alliance's Motion to Compel should be dismissed

a. The Motion to Compel was procedurally incorrect because Applicants had not received the requisite request for production of documents; l

b. The Motion to Compel was not signed by the l designated representative of Prairie Alliance; and I

c. Discovery proceedings with respect to Conten-tion VI should be stayed until the Atomic Safety and Licensing Board (the " Board") has ruled on Applicants' Motion for Summary Disposition of Contention VI of January 17, 1983.

1 i

1

3. Prairie Alliance's Request seems designed to cure the two procedural deficiencies which Applicants noted in their Answer. The Request is a request for production of documents. Moreover, The Request was signed by Jean Foy, the designated representative of Prairie Alliance.*

4. Although the Request belatedly attempts to correct procedural deficiencies noted in Applicants' Answer, discovery on Contention VI should be stayed until the Board has ruled on Applicants' Motion for Summary Disposition of Contention VI. The Motion for Summary Disposition conclusively shows that no issue of fact remains 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 of Contention VI is ruled upon by the Board, any discovery proceedings, be they in the form of document requests, interrogatories, motions to compel, or other, should be stayed.

• Applicants note, however, that the Request was signed by both Randall L. Plant and Jean Foy as " representatives" of Prairie Alliance. Applicants previously understood that Jean Foy was the only designated representative of Prairie Alliance. As Applicants pointed out in their Answer of January 17, 1983, they find it difficult, if not impossible, to deal with Prairie Alliance when they do not know if the person signing on behalf i of Prairie Alliance is in fact an authorized representative of i l

Prairie Alliance. Answer, p. 2. If Randall Plant is an '

authorized representative or Prairie Alliance, Applicants, and presumably the Board as well, would appreciate proper noti-fication of this fact.

. l WHEREFORE, Applicants renew the request made in their Answer that discovery not be had with respect to Conten-tion VI and request that the Board enter a protective order pursuant to 10 C.F.R. 5 2.740(c) to that effect.

Respectfully submitted, 9 7 -m ....

, by sL[ 9[ iw 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: February 2, 1983

_4_

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:

Ilugh 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 60610 Jean Foy 1 511 W. Nevada '

Urbana, Illinois 61808 l

Prairie Alliance

, Box 2424 l 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 February 2, 1983.

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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 l

l l

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'83 fB9 ~4 P 1,.yg UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY, )

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 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 60610 Jean Foy 511 W. Nevada Urbana, Illinois 61808 l

l

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 MOTION OF APPLICANTS THAT DISCOVERY NOT BE HAD WITH RESPECT TO PRAIRIE ALLIANCE'S REQUEST FOR PRODUCTION OF DOCUMENTS OF JANUARY 28, 1983 in the above-captioned matter. A copy of this document is attached hereto and hereby served upon you.

!T; 10 -

L'X 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: February 2, 1983