ML20032E805
| ML20032E805 | |
| Person / Time | |
|---|---|
| Site: | Armed Forces Radiobiology Research Institute |
| Issue date: | 11/19/1981 |
| From: | Bachmann R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111230298 | |
| Download: ML20032E805 (4) | |
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l 11/19/81 N
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFFTY AND LICENSING BOARD ]
NOV2 019815 h 7) u4 un ro, In the Matter of
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ARMED FORCES RADI0 BIOLOGY RESEARCH Docket No. 50-170
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INSTITUTE (Renewal of Facility License No. R-84)
(TRIGA-Type Research Reactor)
)
NRC STAFF RESPONSE TO INTERVENOR'S MOTION TO ENLARGE DISCOVERY PERIOD AND RESTRICT SCOPE I.
Introduction On November 2,1981, Intervenor Citizens for Nuclear Reactor Safety (CNRS) filed a " Motion to Enlarge Discovery Perion and Restrict Scope" (Motion) dated October 31, 1981.
In its Motion, CNRS requested that the Board extend the time for CNRS to respond to the first set of interroga-tories,U ostpone discovery with respect to the Staff's Safety Evaluation p
Report (SER) and Environmental Impact Appraisal (EIA) and restrict the scope of discovery with respect to contentions which have not yet been admitted.
O n the Board's "Special Prehearing Conference Memorandum and Order" I
dated August 31, 1981, the date for filing answers to the first set of interrogatories was October 30, 1981.
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.. II. Discussion Following receipt of CNRS' Motion, the Staff initiated informal discussions with CNRS and the Licensee in an attempt to reach a mutually acceptable schedule for discovery. CNRS' concern for the scope of dis-covery was also discussed. As noted by CNRS in its Motion, the Staff intends to issue its SER and EIA the week of Deccaber 21, 1981. With that fact in mind, the parties have reached agreeme'nt on a revision to the discovery schedule and CNRS and the Licensee have authorized the Staff to submit the following proposed discovery schedule to the Board for its approval.
Response due from CNRS to first set December 3, 1981 interrogatories.
Filing of second set of interrogatories January 11, 1982 by all parties.
(This includes interro tories to the Staff on the SER and EIA)ga-February 15, 1982 Responses due from all parties to second set of interrogatories.
March 15, 1982 Final date for filing of motions for suaaary disposition.
April 5,1982 Answe'rs due from all parties to motions for surmary disposition.
In addition, the Staff has been authorized to advise the Board that agreement has been reached between CNRS and the Licensee regarding CNRS' request for an order restricting the scope of discovery. The parties have agreed that CNRS need noc be required to respond to Interrogatory 34 of the Licensee's first set of interrogatories at the present time. This agreement represents a mutually satisfactory resolution to CNRS' second request for relief in its Motion, and CNRS has withdrawn that request.
A III. Conclusion 1.
The Board is requested to approve the revised discovery schedule agreed upon by the parties to this proceeding.
2.
The Board need not rule on CNRS second reqitest for relief, as this request has been withdrawn.
s Respectfully
- bmitted, ac Richard G. Bachmann Counsel for NRC Staf Dated at Bethesda, Maryland this 19th day of November, 1981 l
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UNITED STATES OF AliERICA flVCLEAR REGULATORY C0!!!ilSSION BEFORE THE ATOMIC SAFETY AllD LICENSING BOARD e
In the Matter of
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Docket No. 50-170 ARMED FORCES RAD 10310 LOGY RESEARCH
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INSTITUTE
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(Renewal of Facility l
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License No. R-34)
(TRIGA-Type Research Reactor)
)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVEN0R'S MOTION TO ENLARGE DISCOVERY PERIOD AND RESTRICT SCOPE" 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, through deposit in the Nuclear Regula-torv Commission's internal mail system, this 19th day of November, 1981:
Louis J. Carter, Esq., Chairman lis. Elizabeth B. Entwisle Administrative Judge 8118 Hartford Avenue Atomic Safety and Licensing Board Silver Spring,110 20910 23 Wiltshire Road Philadelphia, PA 19151 Atonic Safety and Licensing Board Panel
- Mr. Ernest E. Hill U.S. Nuclear Regulatory Comnission Administrative Judge Washington, DC 20555 Lawrence Livermore Laboratory University of California Atonic Safety and Licensing Appeal P.O. Box 808, L-121 Panel (5)*
Livermore, CA 94550 U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. David R. Schink Administrative Judge Docketing and Service Section*
Department of Oceanography Office of the Secretary Texas A&M University U.S. Nuclear Regulatory Commission College Station, TX 77840 Washington, DC 20555 Robert L. Brittigan, Esq.
General Counsel Defense Nuclear Agency Washington, DC 20305
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Richard G. Bachmann Counsel for NRC Staff