ML20035H621
| ML20035H621 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/23/1993 |
| From: | Repka D PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#293-13915 OLA-2, NUDOCS 9305060104 | |
| Download: ML20035H621 (5) | |
Text
Y
/M/5
.r April 23,,
1993 ura u 1 'hhr C i
UNITED STATES OF AMERICA 93 "m' 28 P 2 :45 NUCLEAR REGULATORY COMMISSION BEFORE TI'E ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of:
)
)
Docket Nos. 5 0-2 7 5-OLA _ 2_
Pacific Gas and Electric Company
)
50?323-OLA
)
(Construction Pe'riod (Diablo Canyon Nuclear Power
)
Recovery)
Plant, Units 1 and 2)
)
)
MOTION TO IMPOSE DUTY ON MFP TO SUPPLEMENT RESPONSES TO INTERROGATORIES AND REOUESTS FOR PRODUCTION OF DOCUMENTS I.
INTRODUCTION Pursuant to 10 C.F.R. 2.740(e)(3),
Pacific Gas and Electric Company
("PG&E")
moves that the Atomic Safety and Licensing Board
(" Licensing Board") enter an Order compelling the San Luis Obispo Mothers for Peace ("MFP") to supplement several of its responses to PG&E's Second Set of Interrogatories and Requests for Production of Documents ("Second Set").
As explained below, MFP's responsel' to PG&E's Second Set is in major part 2
nothing but a reiteration of MFP's now-familiar answer to a significant number of interrogatories posed to date; i.e., that MFP still is not prepared to identify its witnesses, or any document on i
which it or its witness (es) will rely, or any information regarding i
l'
" San Luis Obispo Mothers for Peace Response to Second Set of i
Interrogatories and Requests for Production of Documents filed by Pacific Gas & Electric Company and Motion for Protective i
Order," April 8, 1993
(" Response").
j i
9305060104 930423 PDR ADOCK 05000275 0)
G PDa
the experience or qualifications of its witnesses, or any incident MFP intends to pursue during the hearing, or any other basis for
[
its positions on the admitted contentions.
This litany of excuses and repeated assurances that MFP nevertheless will provide PG&E with such information on a timely basis rings hollow as the days pass. MFP, therefore, should be ordered to adhere to the discovery standards mandated by 10 C.F.R. S 2.740(e) (1) and (e)(3).
II.
DISCUSSION The Licensing Board issued a Memorandum and OrderF establishing the discovery schedule in this proceeding.
According to the timetable defined in the Scheduling Order, final discovery responses (including objections) were due on April 12, 1993.
t Scheduling Order at 3-4.
Direct testimony, to the extent necessary, tentatively is to be filed in July.
Id. at 5.
Despite these dates, MFP continues to defer its response to numerous PG&E interrogatories and requests for docunent production.
This pattern, which has already been noted by PGEE,3' is not only perpetuated but also increasingly apparent in MFP's response to PG&E's Second Set.
Specifically, MFP has deferred its response to 11 of the 25 discovery requests posed in PG&E's Second F
" Memorandum and Order (Discovery and Hearing Schedules),"
February 9, 1993
(" Scheduling Order).
i 2'
ggg apacific Gas
& Electric Company's Motion to Compel Discovery From the San Luis Obispo Mothers For Peace," April 6,
1993. r I
i S et. f' Given that MFP itself acknowledges that the pertinent f
discovery requests are appropriate, yet given MFP's pronounced tendency to avoid providing any scintilla of information in
{
response to those requests, an Order imposing on MFP the duty to supplement its responses would facilitate and ensure the efficient resolution of this proceeding.
i I
Section 2.740(e) (3) states that "[a] duty t'li : supplement responses may be imposed by order of the presiding officer or agreement of the parties."
Such an Order is warranted in this proceeding due to MFP's heightened hesitance to respond to important discovery requests made by PGLE.
Diacovery in this proceeding cannot be a one-way street, all in the direction of MFP.
PG&E is entitled to discovery from MFP so that it may prepare summary disposition motions, if appropriate, and prepare for trial, l
l if necessary.
As explained above, MFP has thus far resorted to a j
tactic of avoidance in response to more than half of the interrogatories set forth in PG&E's Second Set.
I I
The duty to supplement intimates that the party against whom discovery is sought will produce sope information and, later, j
supplement it upon the availability of additional data.
It is difficult to conceive that MFP is still, at this point in the proceeding, unable to provide any information in response to the s'
See MFP response to Requests B-1, B-2, B-4, B-5, B-7, B-8, B-11, B-17, B-19, B-20, B-21, B-22, and B-23. '
I i
i l
1
t interrogatories to which it has deferred providing answers.
Because "the purpose of discovery is to expedite hearings by the disclosure of information in the possession of parties.
" and MFP has yet to be forthcoming in providing such information, issuance of the requested Order is appropriate.
Statement of Policy on Conduct of Licensino Proceedinas, CLI-81-8, 13 NRC 452, 455 (1981).
~
~~
III.
CONCLUSION In the interest of adjudicatory efficiency and fundamental fairness, PG&E's motion to impose a duty upon MFP to supplement its discovery responses, pursuant to 10 C.F.R.
S 2.740(e) (3), should be granted by the Licensing Board.
Respectfully submitted,
\\
David A. Repka Kathryn M. Kalowsky WINSTON & STRAWN 1400 L Street, N.W.
Washington, D.C.
20005 (202) 371-5726 Christopher J. Warner Richard F. Locke PACIFIC GAS AND ELECTRIC COMPAITY 77 Beale Street San Francisco, CA 94106 Attorneys for Pacific Gas and Electric Company Dated in Washington, D.C.
this 23rd day of April, 1993 l
t UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION m:x ; L.
s ex BEFORE THE ATOMIC SAFETY AND LICENSING BOARD t
'93 APR 28 P2 :45 In the Matter of:
)
)
Docket Nos.. 50-275 0LA,.<
7 Pacific Gas and Electric Company
)
codiO-323-OLAU
)
(Construction Period (Diablo Canyon Power
)
Recapture)
Plant, Units 1 and 2)
)
}
CERTIFICATE OF SERVICE I hereby certify that copies of " PACIFIC GAS & ELECTRIC COMPANY'S MOTION TO IMPOSE DUTY ON MFP TO SUPPLEMENT RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS" in the above-captioned proceeding have been served on the following by deposit in the United l
States mail, first class, or, as indicated by an asterisk
(*),
by deposit for Federal Express delivery, this 23rd day of April, 1993.
Charles Bechhoefer, Chairman Frederick J.
Shon Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 j
Jerry R. Kline Office of Commission Appellate Administrative Judge Adjudication i
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Office of the Secretary Ann P. Hodgdon, Esq.
t U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission Attn:
Docketing and Service Washington, DC 20555 t
Section (original + two copies)
Adjudicatory File Peter Arth, Jr.
Atomic Safety and Licensing Edward W.
O'Neill Board Panel Peter G.
Fairchild U.S. Nuclear Regulatory Commission California Public Utilities Washington, DC 20555 Commission 505 Van Ness Avenue San Francisco, CA 94102 I
i Nancy Culver, President Truman Burns t
Board of Directors California Public Utilities San Luis Obispo Mothers for Pea'Oe Commission P.O.
Box 164 505 Van Ness, Rm. 4103 Pismo Beach, CA 93448 San Francisco, CA 94102 i
Robert R. Wellington, Esq.
Christopher J. Warner, Esq.*
Diablo Canyon Independent Safety Richard F. Locke, Esq.
Committee Pacific Gas & Electric Company 857 Cass Street, Suite D 77 Beale Street Monterey, CA 93940 San Francisco, CA 94106 1
i Robert Kinosian Jill ZamEk California Public Utilities 1123 Flora Road Commission Arroyo Grande, CA
~9 3'4 2 0 505 Van Ness, Rm. 4102 1
San Francisco, CA 94102 Mr. Gregory Minor MHB Technical Associates 1723 Hamilton Ave., Suite K San Jose, CA 95125 David A.
Repka
\\
Counsel for Pacific Gas &
Electric Company h
I