ML20037D082
| ML20037D082 | |
| Person / Time | |
|---|---|
| Issue date: | 05/11/1981 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Bradford P, Gilinsky V, Hendrie J NRC COMMISSION (OCM) |
| Shared Package | |
| ML20037D081 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8105210452 | |
| Download: ML20037D082 (5) | |
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UNITED STATES 4e 31 fg NUCLEAR REGULATORY COMMISSION s
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f May 11, 1981
...e MEMORANDUM FCR:
Chairmen Hendrie Comissioner Gilinsky Ccmissioner Bradford Comissioner Ahearne FRCM:
Leonard Bickwit, Jr., General Counsel Howard X. Shapar, Executive Legal Director
SUBJECT:
LIMITING NUMBER OF INTERROGATCRIES FILED Attached are two schedules prepared pursuant to the Chairman's request at the May 7th Cemission meeting en revised licensing procedures. The first shows current 10 C.F.R. Part 2 practice; the second shows estimated times if interrogatories are limited to a specific nurter and other changes are made.
Qh Leonard Bickwit, Jr.
General Counsel Mcward K. Shapar Executive Legal Director Attachments:
As stated above cc: OPE l
Contact:
W.J. Olmstead, OELD 492-8672 e
a 8105210468
CURRENT 10 C.F.R. PART NO TIME LINE FOR CONTESTED CP OR OL HEARING SCHEDULES DAY 0
SSER relevant to hearing issues.
15 Assume discovery in the form of interrogatories is filed on Staff.
Assume amended petitions and/or contentions are filed.
30 Responses to revised contantions (52.714(c)).
Assume Cross-interrogatories served on intervenor.
34 Interrogatory replies filed (52. 740b(b)).
35 Staff response to contentions, (52.714(c)).
49 Cross-interrogatory replies due (52.740b(b)).
Assume Motions to Compel on interrogatories filed.
(52.740(f)).
64 Answers to Motions to Compel (52.730); motions to compel answers to Cross-interrogatories.
75 Assume Prehearing Conference to rule on amended issues and discovery items, (52.752(c)).
79 Further answers to motions to compel, if deemed necessary by parties (52.730).
90 Assume Board Order setting hearing; discovery rulings.
100 Objections to Order from parties, (S2.752(c)).
105 Staff Objections to Order, (52.752(c)).
l 109 Further Discovery responses if required.
Discovery Complete.
120 Assume Final Board Order (Approximate, if needed).
l Time assumed is 10-15 days after service of objections, if any.
125 Motions for Summary Disposition filed, (S2.749(a)).
150 Responses to Motions for Summary Disposition filed (S2.749(a)).
155 Testimony filed, (52.743(b)).
165 Assume Board ruling on motions for summary disposition.
(Time assumed is 10 days following service of responses.)
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2 DAY 170 Assume Hearing Commences (Considerations-Testimony filed 15 days in advance of hearing, summary disposition to be filed 45 days in advance of hearing 52.743 (b). )
210 Record closes (40 days allowed for hearing, assuming that the schedule can be adjusted to allow sequential hearings.)
230 Applicant's Proposed Findings filed, 52.754(a)(1).
240 Parties' Proposed Findings filed, 52.754(a)(2).
250 Staff's Proposed Findings filed, S2.754(a)(2).
265 Applicant's Reply Findings filed 52.754(a)(3).
3301/
Initial Decision, Appendix A to Part 2 SIv(d).
Five (5) days have been added to the times indicated above for service by mail pursuant to 52.710 where appropriate.
-1/
65 days are assumed for the Licensing Board's decision although Appendix A to 10 C.F.R. Part 2 indicates that an initial decision is ordinarily expected within 35 days.
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ALTERNATIVE SCHEDULE FOR LIMITING INTERROGATORIES IN NRC CONTESTED CP OR OL HEARINGS DAY 0
SSER relevant to hearing issues.
12 Assume interrogatories filed on Staff; Amended Petitions and/or contentions filed (Limited to 50 interrogatories);
Requests for additional discovery (beyond 50) are filed.
24 Responses to revised contentions. (S2.714(c).
28 Staff Interrogatory replies filed.
(S2.740(b).
Assume Staff responds to request for additional discovery and makes appropriate abjections.
30 Assume all Discovery against other parties complete.
40 Assume Motions to compel against Staff are filed.
52 Answers to Motions to compel filed (S2.730(c)).
60 Assume Prehearing Conference to rule on amended issues.
Discovery issues considered.
Oral rulings rendered on the record.
Schedule set.
74 Further Discovery responses filed if required.
(52.740b(b)).
Discovery Complete.
75 Assume Board Order following Prehearing Conference.
(Motions for Summary Disposition possible at this point.)
t 85 Objections / reconsideration of Order filed.
t 87 Assume Board Ruling on objections.
l 93 Assume Testimony due.
Assume Responses to Motions for Summary Disposition filed.
(S2.749(a)).
105 Assume Board ruling on motions for summary disposition.
l (Time assumed is 10 days following service of responses.)
108 Hearing Commences (Considerations-Testimony filed 15 days in advance of hearing, summary disposition can be filed at any time.)
148 Record closes (40 days allowed for hearing, assuming that the schedule can be adjusted to allow sequential hearings.)
179 Applicant's Proposed Findings filed.
198 Parties' Proposed Findings filed.
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l 198 Staff's Proposed Findings filed.
203 Applicant's Reply Findings filed.
268 Initial Decision.
NOTES Two days have been added for air express service where appropriate.
Oral rulings by the Board on written motions at the Prehearing Conference are assumed.
It is assumed that the rules providing for objections and reconsideration of the Board's prehearing conference orders are modified.
It is assumed that summary disposition can be sought at any time prior to hearing.
- he schedule assumes a revised 30, 40, 50, 55 proposed findings schedule for the parties and a 65 day decision period has been allowed for licensing board.
Discovery against parties other than the Staff is assumed to be virtually complete at the time the SSER is issued.
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