ML20039B115

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Second Progress Rept Re Discovery Activities Per ASLB 810909 Order.Certificate of Svc Encl
ML20039B115
Person / Time
Site: Perry  FirstEnergy icon.png
Issue date: 12/15/1981
From: Silberg J
CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8112220305
Download: ML20039B115 (5)


Text

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December 15, lg t"'NE C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISTION '81 DEC 17 P1:29 Before the Atomic Safety and Licensing Board _ ,

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In the Matter of )

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THE CLEVELAND ELECTRIC )

ILLUMINATING COMPANY, ET AL. ) Docket Nos. 50-440 o,  ::

4 )50-44J 4 (Perry Nuclear Power Plant, ) (Operating License l p ,.

i Units 1 and 2) ) 403 s Gy (,fECg Nf APPLICANTS' SECOND PROGRESS REPORT i 8hs REGARDING DISCOVERY-ACTIVITIES  ? (pg 4' /v In its Memorandum and Order dated Septembeu 9, 'f9'8 " iw p*

the Licensing Board ordered the parties to submit discovery pro-gress reports starting on October 15 and at two month intervals thereafter. As reported in Applicants' first progress report to the Board on October 15, 1981, Applicants filed on that date Interrogatories and Request for Production of Documents to each oftheintervenorsSunflowerAb.liance,Inc.,etal., (" Sunflower"),

Ohio Citizens for Responsible Energy ("OCRE"), and Tod J. Kenney.

On November 19, 1981, Sunflower responded to all of Applicants' October 15 interrogatories except those related to

! Issue No. 2 (Financial Qualifications). Sunflower's letter of L November 24, 1981, to Applicants confirmed our agreement for each party to' defer answering interrogatories on this issue in

light of the Commission's ongoing rulemaking proceeding on the issue of financial qualifications. Applicants plan to engage

, in discussions with Sunflower to . work out arrangements for the go3 1 3 g2g%[ON G

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o s production of Sunflower's documents which are not otherwise available to Applicants.

OCRE responded to Applicants' interrogatories on November 30, 1981. Applicants and OCRE are discussing arrange-ments for the production of OCRE documents not otherwise available to Applicants.

Applicants are evaluating the answers of Sunflower and OCRE to determine if follow-up interrogatories will be necessary.

Applicants called Mr. Kenney on December 2, 1981 to inquire about his plans for answering Applicants' interrogatories.

Mr. Kenney informed us he planned to file answers on December 7.

Applicants have not yet received answers.

Sunflower submitted Interrogatories and Request for Production of Documents to Applicants on November 3, 1981, re-lated to the financial qualifications issue. Applicants have deferred answering pursuant to the agreement with Sunflower described above. Interrogatories related to other issues were filed by Sunflower on December 2, 1981. Discussions with Sunflower are in progress for an extension of time for Applicants to respond and concerning the scope of certain of the interroga-tories.

In Mr. Kenney's progress report of October 15, 1981, he requested access to " key documents"'in Toledo, Ohio. Appli-cants notified Mr. Kenney on November 28, 1981, that they were providing copies of the Final Safety Analysis Report and the

Environmental Report to the Public Document Room of the University of Toledo Library, 2801 West Bancroft, Toledo.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE a

By \ MW Jay /E/ Silberg j BrjcelW. Churchill u Counsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 4

Dated: December 15, 1981 t

I

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL. ) 50-441

) (Operating License)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of " Applicants' Second Progress Report Regarding Discovery Activities", dated December 15, 1981, were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 15th day of December, 1981.

\ 6 Jhy E. Silberg h i

Dated: December 15, 1981

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) .

THE CLEVELAND ELECTRIC , ) Docket Nos. 50-440 ILLUMINATING COMPANY Et Al.) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

SERVICE LIST Peter B. Bloch, Chairman Robert. Al_exander' Atomic Safety and Licensing Board OCRE Interim Representative U. S . Nuclear Regulatory Commission 2030 Portsmouth Street #2 Washington, D.C. 20555 Houston, Texas 77,098 Dr. Jerry R. Kline Daniel D. Wilt, Esquire Atomic Safety and Licensing Board Wegman, Hessler & Vanderburg U.S. Nuclear Regulatory Commission Suite 102 .

Washington, D.C. 20555 7301 Ch'ippewa Road .

Brecksville, Ohio 44141 Mr. Frederick J. Shon .

Atomic Safety and Licensing Board Terry Lodge, Esquire U.S. Nuclear Regulatory Commission 915 Spitzer Building Washington, D.C. 20555 Toledo, Ohio 43604 Atomic Safety and Licensing Mr. Tod J. Kenney Board Panel 228 South College, Apt. A U.S. Nuclear Regulatory Commission Bowling Green, Ohio 43402 Washington, D.C. 20555 Donald T. Ezzone, Esquire Atomic Safety and Licensing Assistant Prosecuting Attorney Appeal Board Panel Lake County Administration Center U.S. Nuclear Regulatory Commission 105 Center Street l Washington, D.C. 20555 Painesville, Ohio 44077 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission .

Washington, D.C. 20555 1 James H. Thessin, Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

. .