ML20033B337
| ML20033B337 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 11/13/1981 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Callihan A, Cole R, Mark Miller Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8112010269 | |
| Download: ML20033B337 (2) | |
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flovember 13, 1981 liarshall E. ililler, Esq., Chairman Dr. A. Dixon Callihan Administrative Judge Administrative Judge Atouic Safety and Licensing Board Union Carbide Corporation U.S. Huclear Regulatory Comission P. O. Box Y Washington, LC 20555 Dak Ridge Tennessee 37330 Dr. Richard E. Cole Administrative Judge
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Dear Aduinistrative Judges:
i On liovember 6,1981, the Rockford League of Wonen Voters (League) filed a petition for reconsideration of this Board's October 27, 1981 Memorandua and Order dismissing the League froa the proceeding for its noncocpliance with earlier discovery orders. The liRC Staff did not take a position on the discovery dispute between tne Applicant and the League which underlay the Board's October 27 Hemorandum and "rder. Sinilarly, it takes no position on tne instant petition. This should not be construed as an endorsement of any claius made in the petition. A considerable portion of the petition is devoted to a discussion of agreements purportedly reacned between Counsel for the League and the Applicant in this and other proceedings relative to discovery. The Staff was not privy to art / such agreements and cannot reconcih any difficulties which may exist between opposing Counsel or their import.
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One matter, however, raised for the first titre in the present context, though unrelated to the nerits of the petition, could adversely affect the Staff's interest if the League were to be' readmitted to_the proceeding.
i Specifically, the League appears to suggest that the Staff was/is obligated to respond to " discovery" served by the League on Harch '12,1930. This is not the case.
This " discovery" request preceded this Board's December 19, 1980 Menorandum designating the contentions admitted as matters in controversy in this proceeding and was, hence, impermissible. See10CFR52.740(b)(1).
In its March 26 response, the Staff opposed the March 12 notion on that grcund.
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_ In its December 19 Memoranduu, the Board formally coamenced the discovery phase implicitly rejecting earlier requests. According to the Board's September 9,1981 Revised Schedule, the general discovery period ended on november 1, 1981. The League did not serve any discovery within the allotted time from the commencement of discovery on December 19, 1980 to the close of discovery on llovember 1,1981. The Board established a separate schedule for discovery relative to the Staff Draft / Final Environmental Statements and Safety Evaluation Report. The Staff is prepared to respond to any such related aiscovery in the future, as appropriate.
Sincerely, Steven C. Goldberg Counsel for IIRC Staff cc: Service List DISTRIBUTION:
Goldberg Young Rawson Gray Formal Files Reg Cent /LPDR K1per Kane
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