ML20031B376
| ML20031B376 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 09/25/1981 |
| From: | Gallo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8110010303 | |
| Download: ML20031B376 (5) | |
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UNITET. STATES OF AMERICA h
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- s-cmccd De M day BEFORE THE ATOMIC SAFETY AND LICENSING BOA 00d 6 1 1 Brar.3 0)
In the Matter of
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) Docket No. 50-135-OLA CONSUMERS FOWER COMPANY
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CONSUMERS POWER COMPANY'S REPLY SEP3 01981m TO MOTION TO REQUIRE STAFF u.s. uxuu nnuwor 3
TO ANSWER INTERROGATORIES co meurne G,
Q' On September 14, 1981, Consumers Power Comp p
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(" Licensee") received the Motion of Intervenors Christa-Maria, et al.,
("Intervenors") to compel the NRC Staff to answer certain interrogatories.
Although Licensee leaves it to the NRC Staff to decide whether or not to object to Interrogatories 59 and 61, it is necessary for Licensee to respond to Intervenors' request to defer a ruling by the Atomic Safety and Licensing Board ( "B oard " ) on the Staff's obligation to answer interrogatories 1 through 58 and 62 through 64.
Licensee oppcses the deferral of a ruling on interrogatories 1 through 58 and 62 through G because such action would further delay an already unduly delayed pro-ceeding.
Discovery under the Board-approved schedule closed on August 31, 1981.
Intervenors filed additional contentions on September 8, and objections ther0to were filed by Licensee e
8110010303 810925 PDR ADOCK 05000155 G
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. i and the NRC Staff on September 15.
Simple justice requires j
the Board to resolve quickly the outstanding controversies among the parties concerning additional discovery requests l
l and the assertion of additional contentions.
Intervenors' l
request to defer would del-y uhe resolution of these matters, and it should be denied.
Intervenors' counsel refers to informal discussions among counsel which were conducted prior to the filing of Intervenors' interrogatories (Motion, p. 2).
Therefore, it is appropriate to explain that cr.s.nsel for the parties met several times prior to August 31, 1981, in an attempt to stipulate the fratework for further discovery and additional contentions and the date for the commencecent of the hearings.
I Despite the best effort: of all concerned, the parties were unable to reach agreement.
The differing viewpoints of Intervenors' ccunsel on the one hand, and counsel for the Licensee and NRC Staff on the other hand, concerning the proper scope of additional discovery and contentions under the Board-approved schedule proved irreconcilable.
Respectfully submitted, De d
J ph C411o One of the Attorneys for Consumers Power Company
_ ISHAM, LINCOLN & BEALE Suite 325 1120 Connecticut Avenue, N.W.
Washington, D. C.
20036 (202) 833-9730 Dated:
September 25, 1981 k
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AhD LICENSING BOARD In the Matter of
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Docket No. 50-155-OLA CONSUMERS POWER COMPANY
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(Spent Fuel Pool
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(Big Rock Point Nuclear Power Plant))
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CERTIFICATE OF SERVICE I hereby certify that copies of CONSUMERS POWER COMPANY'S REPLY TO MOTION TO REQUIRE STAFF 10 ANSWER INTER-ROGATORIES in the above-captioned proceeding were served on the following by deposit in the United States mail, first-class postage prepaid, this 25th day of September, 1981.
Herbert Grossman, Esquire Atomic Safety and Licensing Administrative Judge Board Panel Atomic Safety and Licensing U.
S.
Nuclear Regulatory Board Panel Commission U.
S.
Nuclear Regulatory Washington, D.
C.
20555 Commission Washington, D.
C.
20555 Atomic Safety and Licensing Appeal Board Panel Dr. Oscar H.
Paris U.
S.
Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.
C.
20555 Board Panel U.
S.
Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary Washington, D. C.
20555 U.
S.
Nuclear Regulatory Commission Mr. Frederick J.
Shon Washington, D.
C.
20555 Administrative Judge Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission Washington, D. C.
20555
. Janice E.
Moore, Esquire Judd Bacon, Esquire Counsel for NRC Staff Consumers Power Company G.
S.
Nuclear Regulatory 212 West Michigan Avenue Commission Jackson, Michigan 49201 Washington, D.C.
20555 Ms. Christa-Maria Herbert Semmel, Eequire Route 2, Box 108C Urban Law Institute Charlevoix, Michigan 49720 Antioch School of Law 2633 16th Street, N.W.
Ms. JoAnne Bier Washington, D.C.
20009 204 Clinton Charlevoix, Michigan 49720 Mr. John O'Neill, II Route 2, Box 44 Mr. James Mills Maple City, Michigan 49664 Route 2, Box 108 Charlevoix, Michigan 49720 Ab poseph Gal'lo y
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