ML20033C046
| ML20033C046 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 11/20/1981 |
| From: | Oneill J O'NEILL, J. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20033C047 | List: |
| References | |
| NUDOCS 8112020607 | |
| Download: ML20033C046 (1) | |
Text
b NUC OR C CN BEFORE THE ATOMIC SAFETY AND LICENS2NG BCARD
"*E*E*
In the Matter of Consumers Power Comnany Docket No. Sn *55 81 G 25 P31 i
(Big Rock Point)
(Sree Fuel Fool Modificatien) p 1:yEF-John O'Neill's- *otion for Continuance for Summary Dispositiendd.E
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Answers for certain Contentions Until Discovery Closes.
Summary Disposition motions against Contention 8 of Christa-Maria. Contentions II-C. II-D, II-E-3.-and II-F of O'Neill, and Board Question M have been introduced by Consumers Power and the NRC Staff. These motions are untimely because discovery on these contentions is not complete. Response to the motione is thus impossible.
The unanswered interrogatories, submitted to the utility by Christa-Maria August 9th, and the contentions that these relate to are tablad belows Contention Interroaatories Christa-Maria 8-6,9
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O'Neill II C 5.6.7.12 y
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g J-C'Neill II D 6
,h C.
O'Neill II E-3 34 1.L' 2
2 O'Neill II F 12 22 1981- ~
g,DEC1 3
Board Question h 3.o.20.28 es None of these interrogatories have been dismis.
by the Board..
Indeed, in its Memorandum and Order of November 13,19S e Board #
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stated that "Our study of the filings suggests that somM ed interrogatories are, in fact, net relevant and should be d'ropped. wnile others are relevant and call for information that cannot reasonably be obtained from any source except the Licensee." The Beard realises that all the facts are not yet in.
Since relevant informatien is lacking, intervenors cannot answer the motions on the above contentions. her can any ruling be made upon factual disputes. 10 CFR 5 2.749, part c states:
Should it apnear from the ' affidavits of a party oppocing the motion (of Summary Disposition) that he cannot, for reasons stated, present by affidavit facts essential to justify his opposition. the presiding officer may refuse the arplication for summary decision or may order a continuance to permit affidavits to be obtained or make such other order as is antropriate and a determination to that effect shall be made a matter of record.
Such a ruling is called for here..
I. John O'Neill II. Intervenor pro se, move that the
, Atomic Safety and Licensing Board order a continuance no contention shall be defended until all of the inter-rogatories pertaining to that contention be dropped or DD3 fully answered. Once the relevant interrogatories have I
been dropped or fully answered, intervenors shall have 20 days to respond to summary discosition. These contentions
/ 1 anc interroaateries are listed above.
Thank You, Respectfully submitted.
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9 FUsip j If John C'Neill.II Intervenor
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November 20, 1981.
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