ML20037D381
| ML20037D381 | |
| Person / Time | |
|---|---|
| Site: | Bailly |
| Issue date: | 07/08/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8107100157 | |
| Download: ML20037D381 (5) | |
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t aiO31981>h July 8, 1981
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- WM UN[TEDSTATESOFAMERICA
ug:gh*,gCtEAR REGULATORY COMMISSION f
t THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
NORTHERN INDIANA PUBLIC SERVICE
)
Docket No. 50-367 COMPANY
)
(Construction Permit
)
Extension)
(Bailly Generating Station,
)
Nuclear-1)
)
NRC STAFF'S RESPONSE IN OPPOSITION TO PCCI'S MOTION FOR LEAVE TO FILE REPLY BRIEF I.
INTRODUCTION On June 18, 1981, Porter County Chapter Intervenors ("PCCI") filed a
" Motion for Leave to File Reply Brief" (" Motion") with an attached
" Reply in Support of Application Pursuant to 10 C.F.R. 5 2.720(h)(2)(1)"
(" Reply"). This Motion is with regard to PCCI's " Application Pursuant to 10 C.F.R. 5 2.720(h)(2)(i)" (May 19, 1981), which sought an Atomic Safety and Licensing Board order compelling the NRC Staff to make James G.
Keppler, Director of Region III of the Office of Inspection and Enforcement, available for deposition, and the Staff's response in opposi tion.E The Staff respectfully requests the Licensing Board to deny PCCI's Motion and, therefore, not to consider PCCI's Reply, y
"NRC Staff Response to Porter County Chapter Intervenors' Application Pursuant to 6 2.720(h)(2)(i)" (June 8,1981),
f0 8107100157 810708 PDR ADOCK 05000367
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_ _.. _. _ _ _ _ _ _. ~, _.
% II.
DISCUSSION Under the Commission's Rules of Practice (10 C.F.R. 5 2.730(c)) a moving party has no right of reply to an answer (s) to any motion it might file, except as permitted (in an adjudicatory proceeding) by the presiding officer (Licensing Board). While neither the language of the regulation nor the Statements of Consideration under which it was promulgated provides a standard for the granting of the Licensing Board's permission, the Staff believes that such permission should only be granted where the motion itself for leave to reply establishes that the moving party would be unfairly disadvantaged absent the opportunity to reply.
PCCI merely states as the basis for its motion that "the staff has misstated the subjects of the proposed deposition and the showing necessary to take that deposition."2] This simple statement provides insufficient basis for the Licensing Board to conclude that PCCI will be unfairly disadvantaged should the Board deny its motion.
Further, a moving party should be expected to marshall all of its arguments i_n_ its motion. The Commission's rules state that a motion "shall state with particularity the grounds and the relief sought, and shall be accompanied by any affidavits or other evidence relied on."
10 C.F.R. Q 2.730(b).
If the moving party supplies the necessary particularity it should only infrequently have to move for leave to reply.
2]
Motion, at 1.
s Yet, PCCI seems to move for leave to reply as a routine matter.E Allowing continuation of this practice will have the effect of lengthening this proceeding without any commensurate benefit. Since PCCI had the opportunity to fully argue its position in its Application, it should only be granted leave to reply upon the specific showing discussed above.
Should the Board, nevertheless, grant PCCI's motion and entertain its reply, the Staff respectfully requests the opportunity to respond to PCCI's reply.
III.
CONCLUSION For the reasons set forth in this Response, the NRC Staff respectfully requests the Licensing Board to deny PCCI's motion.
Respectfully submitted, Stephen. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland, I
this 8th day of July,1981.
i i
3/
See " Motion for Leave to File Reply Brief" with attached " Reply in l
Support of Motion to Compel" (June 10, 1981); " Motion for Leave to File Reply Brief" with attached " Reply in Support of Motion for Order under 10 C.F.R. 5 2.740(e)" (April 16,1981).
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NORTHERN INDIANA PUBLIC SERVICE
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Docket No. 50-367 COMPANY (Construction Permit Extension)
(Bailly Generating Station,
)
Nuclear-1
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE IN OPPOSITION TO PCCI'S MOTION FOR LEAVE TO FILE REPLY BRIEF" in the above-captioned proceeding have been served on the following by dep~osit in the United States mail, first class or indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 8th day of July,1981 :
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- Herbert Grossman, Esq., Chairman, Robert L. Graham, Esq.
Administrative Judge One IBM Plaza Atomic Safety and Licensing Board Panel 44th Floor U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555 George and Anna Grabowski Robert L. Holton, Administrative Judge 3820 Ridge Road School of Oceanography Highland, Indiana 46322 Oregon State University Corvallis, Oregon E7331 John Van Vranken, Esq., Chief Northern Region J. Venn Leeds, Administrative Judge Environmental Control Division 10807 Atwell 188 West Randolph Street Houston, Texas 77096 Chicago, Illinois 60601 Kathleen H. Shea, Esq.
Clifford Mezo, Acting President Lowenstein, Newman, Reis, Axelrad Local 1010 and Toll United Steelworkers of America 1025 Connecticut Avenue, N.W.
3703 Euclid Avenue Washington, D.C.
20036 East Chicago, Indiana 46312 i
Robert J. Vollen, Esq.
William H. Eichhorn, Esq.
t l
c/o BPI Eichhorn, Morrow & Eichhorn l
109 North Dearborn Street 5243 Hohman Avenue Chicago, Illinois 60602 Hammond, Indiana 46320 l
Edward W. Osann, Jr., Esq.
Atomic Safety and Licensing l
Suite 4600 Board Panel l
One IBM Plaza U.S. Nuclear Regulatory Commission Chicago, Illinois 60611 Washington, D.C.
20555
- p l
l
- Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Stephd H. Lewis Counsel for' NRC Staff
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