ML20042B231
| ML20042B231 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 03/22/1982 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8203250118 | |
| Download: ML20042B231 (5) | |
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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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THE CLEVELAND ELECTRIC
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Docket Nos. 50-440 ILLUMINATING COMPANY, et al.
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50-441
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to (Perry Nuclear Power Plant,
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Units 1 and 2)
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APPLICANTS' MOTION TO DISMISS TOD J.
KENNEY AS A PARTY 1,
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4, Pursuant to 10 CFR S 2.707, Applicants move tha Atomic Safety and Licensing Board dismiss Tod J. Kenney as a party to this proceeding.
On October 15, 1981, Applicants filed their Interrogatories and Request for Production of Documents to Intervenor Tod J.
Kenney (First Set).
Under 10 CFR S 2.740b, responses to the interrogatories were due November 3, 1981.
Under 10 CFR S 2.741, a response to the request for production of documents was due by November 19, 1981.
On December 16, 1981, Mr. Kenney filed " Progress Report of Tod J. Kenney" in which he stated.
Informal consultation with Applicant was conducted regarding Intervenor's l
response to Applicant's Interrogatory
[ sic] (First Set).
Intervenor's response is being compiled.
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The Progress Report also stated that "[r]esponsibilities and commitments other than those pursuant to these proceedings will reduce Intervenor's role to that of a limited capacity".
When no responses to their discovery requests were 1
received, Applicants on December 30, 1981 filed a Motion to Ii Compel.
Mr. Kenney submitted no response to Applicants' ELI motion.
(In fact, Mr. Kenney's December 16, 1981 Progress Cob Report is apparently the last paper filed by him in this p
S) proceeding.)
On February 18, 1982, the Licensing Board issued its Memorandum and Order (Concerning Motion to Compel).
The Licensing Board granted Applicants' Motion to Compel and offered
- o Mr. Kenney the choice of (1) responding to Applicants' tnd discovery requests by March 15, 1982, or (2) arranging prior
,p to March 15, 1982, to be consolidated with another party.
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The Memorandum and Order stated that if Mr. Kenney "does I
neither, the Board will consider dismissing him as a party"
@t Mr. Kenney has done neither.
Mr. Kenney has submitted nothing (s
in response to the February 18 Order, either by way of answering hn Applicants' discovery requests or indicating that he has
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arranged a consolidation.
e Under the circumstances the only appropriate action is ha' to dismiss Mr. Kenney as a party to this proceeding.
The y
Licensing Board's authority to dismiss a party from the bc 6
proceeding for failure to adequately comply with discovery s
y requests is clear.
- See, e.g.,
Statement of Policy on Conduct i u
N of Licensing Procacdings", CLI-81-8, 13 NRC 452, 454 (1981);
Commonwealth Edison Co. (Byron Station, Units 1 and 2), LBP-81-52, 14 NRC 902 (1981); Duke Power Co. (Amendment to Materials Licensing SNM-1773), Docket No. 70-2623, " Order Dismissing Carolina Action As An Intervening Party" (May 23, 1979);
Ohio Edison Co. (Erie Nuclear Plant, Units 1 and 2), Docket Nos. STN 50-580, 50-581, " Order to Show Cause Relative to Dismissal" (March 12, 1979); Nor-hern States Power Co.
(Tyrone Energy Park, Unit 1), LBP-77-37, 5 NRC 1298 (1977);
Offshore Power Systems (Manufacturing License for Floating Nuclear Power Plants), LBP-75-67, 2 NRC 813 (1975); Public Service Electric and Gas Co. (Altantic Nuclear Generating g
Station, Units 1 and 2), LBP-75-62, 2 NRC 702 (1975).
As was the case in Offshore, it would appear that Mr. Kenney has no intention of properly responding to the Applicants' discovery requests nor of complying with this Board's Order com-pelling such response.
LBP-75-67, 2 NRC at 817.
Under such circumstances dismissal of Mr. Kenney as a party is the appropriate remedy.
Respectfully submitted,
~
SHAW, PITTMAN, POTTS & TROWBRIDGE l
l By Jay E.
- Silberg, P.C.
l Counsel for Applicants 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
March 22, 1982-I
F 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, e_ t_ a _l. )
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
)
CERTIFICATE OF SERVICE
-s This is to certify that copies of the foregoing
" Applicants' Motion To Dismiss Tod J.
Kenney As A Party",
vare served by deposit in the U.
S.
Mail, First Class, postage epaid, this 22nd day of March 1982, to all those en the ached Service List, 0%
9 Jay E.
- Silberg, P.C..
ich 22, 1982 a
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UNITED STATES OF AMERICA NUCLEAR RECULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
'EVELAND ELEC#JC
)
Docket Nos. 50-440 ILLUMINATING COMP.M E_t,A1.)
50-441
)
(Perry Nuclear Power Plant, )
Units 1 and 2)
)
SERVICE LIST 3
Peter B.
Bloch, Chairman Ms. Sue Hiatt Atomic Safety and Licensing Board OCRE Interim Repres'5ntative
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U.S. Nuclear Regulatory Commission 8275 Munson Avenue Washington, D.C.
20555 Mentor, Ohio 44060
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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 Chippewa 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. Muclear 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 Washington, D.C.
20555 Painesville, Ohio 44077 Docketing and Service Section John G.
Cardinal, Esquire i Office of the Secretary Prosecuting Attorney U.S. Nuclear Regulatory Commission Ashtabula County Courthou'se Washington, D.C.
20555 Jefferson, Ohio 44047 James H.
Thessin, Escuire l Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Nashington, D.C.
20555
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