ML20037D130

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Motion for Order to Compel Discovery Against Intervenor State of Il,To Answer Second Set of Interrogatories & Produce Requested Documents by 810522.State of Il Has Disregarded ASLB 810430 Order.Certificate of Svc Encl
ML20037D130
Person / Time
Site: 07001308, 07200001
Issue date: 05/15/1981
From: Rooney M
GENERAL ELECTRIC CO.
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8105220036
Download: ML20037D130 (3)


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May 15, 1981 V *W o

UNITED STATES OF AMERICA D

4 NUCLEAR REGULATORY COMMISSION j

tu DOCKETED gg BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 9-2 MAY 181981

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Consideration _of Renewal

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Docket No. 70-1308 to of Materials Licanse No.

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72-1 SNM-1265 Issued to G. E.

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Morris Operation Spent

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Fuel Storage Installation

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MOTION TO COMPEL DISCOVERY AGAINST INTERVENOR STATE OF ILLINOIS Now comes General Electric Company (" General Electric")

and respectfully requests this Atomic Safety and Licensing Board to enter an order, pursuant to 10 C.F.R. 5 2. *,10 ( f ),

compelling discovery against Intervenor the State of Illinois

(" Illinois").

In support of this Motion, General Electric states as follows:

1.

By its order of April 30, 1981, this Board granted General Electric's Motion for Additional Discovery against Illinois, and ordered Illinois to respond to General Electric's Second Set of Interrogatories and Second Notice to Produce Documents by May 5, 1980.

2.

Through and including the date of the filing of this motion, General Electric has received no response to l

either of its discovery requests from Illinois.

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To the best of General Electric's knowledge, Illinois has asked for no extension of time in which to respond to the outstanding discovery requests and has failed to inform the Board of any reasons for its failure to respond.

4.

The failure of Illinois to comply with.the outstanding discovery requests should not be permitted unnecessarily and improperly to delay this proceeding any longer.

Therefore, the schedule of this proceeding which the Board is to adopt in the near future need not allow additional time to resolve the discovery dispute should Illinois continue to refuse to obey discovery orders.

Rather, the determination of what sanction would be appropriate can occur at the same time the remainder of this matter proceeds.

Accordingly, General Electric requests that this Board enter an order requiring Intervenor the State of Illinois, to answer the Second Set of Interrogatories propounded by General Electric and to produce for inspection and copying the documents described in General Electric's second docu-ment request by no later than May 22, 1981.

Respectfully submitted, GENERAL ELECTRIC COMPANY By h1 W

L Matthew A.

Rboney

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Dennis A. McMahon OF COUNSELr MAYER, BROWN & PLATT 231 South LaSalle Street Chicago, Illinois 60604 (312) 782-0600. -,

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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GENERAL ELECTRIC COMPANY

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Docket No. 70-1308

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72-1 Consideration of Renewal

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of Materials License No.

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SNM-1265 Issued to G.

E.

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Morris Operation Spent

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Fuel Storage Installation

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CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a copy of GENERAL ELECTRIC'S MOTION TO COMPEL DISCOVERY AGAINST INTERVENOR STATE OF ILLINOIS, in the above-captioned proceeding on the following persons by causing the said copies to be deposited in the United States mail at 231 South LaSalle Street, Chicago, Illinois, in plainly addressed and sealed envelopes with proper first class postage attached before 5:00 P.M.

on May 15, 1981:

Andrew C. Goodhope, Esq., Chairman Susan N.

Sekuler, Esq.

Atomic Safety and Licensing Board George William Wolff, Esq.

3320 Estelle Terrace Office of the Attorney General Wheaton, Maryland 20906 188 West Randolph Street Suite 2315 Dr. Linda W.

Little Chicago, Illinois 60601 Atomic Safety and Licensing Board 5000 Hermitage Drive Marjorie Ulman Rothschild, Esq.

Raleigh, North Carolina 27612 United States Nuclear Regulatory Commission Dr. Forrest J. Remick Washington, D.C.

20555 Atomic Safety and Licensing Board 305 East Hamilton Avenue Atomic Safety and Licensing State College, Pennsylvania 16801 Board Panel U.S. Nuclear Regulatory Atomic Safety and Licensing Appeal Commission Panel Washington, D.C.

20555 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Docketing and Service Section Office of the Secretary Bridget L. Rorem U.S. Nuclear Regulatory Essex, Illinois 60935 Commission Washington, D.C.

20555 Everett J.

Quigley R.R.

1, Box 378 Kankakee, Illinois 60901 Rooney/

Matthew A.

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