ML20045D413
| ML20045D413 | |
| Person / Time | |
|---|---|
| Issue date: | 06/17/1993 |
| From: | Robert Davis NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Margulies M Atomic Safety and Licensing Board Panel |
| References | |
| 93-01-PF, 93-1-PF, 93-673-01-PF, 93-673-1-PF, NUDOCS 9306290007 | |
| Download: ML20045D413 (4) | |
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UNITED STATES l
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WASHINGTON, D.C. 20555-0001 June 17, 1993 DOCKETED US NRC ALJ The Honorable Morton B. Margulies, ALJ JUN 171993 Atomic Safety and Licensing Board l
U.S.
Nuclear Regulatory Commission doc Number a #7 Washington, D.C.
20555 l
RE:
In the Matter of Lloyd P.
Zerr Docket No. 93-01-PF ASLBP No. 93-673-01-PF (Request for Hearing on NRC Discovery Motions) j
Dear Judge Margulies:
On June 9, 1993, the NRC served by mail an "NRC Motion for l
Deposition of Defendant Lloyd P.
Zerr" (docketed June 10, 1993; Docket No. 26) and an "NRC Motion for Discovery by Interrogatories, Requests for Admissions and Production of Documents" (docketed June 10, 1993, Docket No. 27).
Under the terms of 10 C.F.R.
SS 13.21 and 13.27, the NRC believes that Defendant's opposition and/or motions for a protective order in response to the NRC motions must be filed no later than June 24, 1993.1 The NRC hereby requests that its discovery motions be scheduled for oral hearing.
As set forth in its motions, the NRC believes that its proposed discovery is necessary for the fair, expeditious and reasonable consideration of the issues in this case.2 On June 8, 1993, the Defendant served by mail " Respondent's Response to NRC Objections"
(" Response").
This Response was 1
Within ten days of service of a motion for discovery, a party may file an opposition and/or a motion'for a protective order.
10 C.F.R. S 13. 21(d) (2).
Under 10 C.F.R.
S 13.27(c), an additional five days is added to the time permitted for any response when a document has been served by mail.
2 Counsel.for the NRC believes that the inability to obtain requested discovery, or the delay'in its obtaining of the requested discovery, i.e.,
the NRC requests for admissions in particular, has significant adverse impacts on the NRC's ability to file dispositive motions by July 2, 1993, as contemplated in the Scheduling Order.
Upon resolution of the pending discovery motions, the NRC will likely request extension of the deadline-for the filing of dispositive motions.
9306290'007 930617 PDR MISC i
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docketed on June 9, 1993 (Docket # 25).
At the end of the Response, the Defendant requested a hearing regarding the NRC I
objections.
The NRC assumes that the Defendant's Response.will be treated as a motion for discovery pursuant to 10 C.F.R. S 13.21(d) (1).
l Therefore, the NRC intends to file an opposition and any l
necessary motion for a protective order no later than June 23, i
1993, as authorized by'10 C.F.R. S 13.21(d) (2).
If the Defendant's Request for Hearing regarding its Response to NRC Objections'is granted, the NRC requests that the. hearing of i
l the NRC motions be scheduled for the same date'and time.
l Counsel for both parties have determinted that at present.they' L
would be available for an-oral hearing regarding discovery i
motions on June 28 and 29 should such a hearing be' granted.
l Respectfully ~ submitted,
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i Davis Roger.K.
Office of the General Counsel l
cc:
Service List l
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1 UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION j
ATOMIC SAFETY AND LICENSING BOARD Before Administrative Law Judge Morton B. Margulies l
l
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l In the Matter Of
)
Docket No. 93-01-PF l
)
l LLOYD P.
ZERR
)
ASLBP No. 93-673-01-PF
)
l
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l CERTIFICATE OF SERVICE I hereby certify that a copy of the attached letter' dated June 17, 1993, to Administrative Law Judge Margulies, was served upon the following persons by U.S.
mail first class, except as indicated by an asterisk,.through deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of June, 1993.
Morton B.
Margulies*
Lloyd P.
Zerr Chief Administrative Law 718 13th Street, NE Judge Washington, DC 20002 Atomic Safety and Licensing Board, Mail Stop EW-439 Timothy E.
Clarke,.Esq.
U.S.
Nuclear Regulatory 5 North Adams Street Commission Rockville,- MD 20850 Washington, DC 20555 (original plus two copies)
Office of Commission Appellate Adjudication
- U.S.
Nuclear Regulatory Commission Washington, DC 20555
! kn 0A4 Roger Ddvis't
~
U.S.'luclear Regulatory Commission Office of the General Counsel Mail Stop.15-B18 Washington,.DC 20555.
Tel. 301/504-1606 Attorney for the NRC
~.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY' COMMISSION Dock'et No.-93-01-PP In the Matter of
.Lloyd P.
Zerr
.ASLBP No'.'93k673-01-PFC,
' CERTIFICATE OF SERVICE ~.
I hereby certify that copies;of the1 foregoing;;"NRC Staff letter request"Ein the:above-caption'ed proceeding.have'
.been. served upon.the following?personsoby;U.S.:. Mail first-class, except as.otherwise noted,Ethis-;18th' day of1 June.
1993:
Cffice.of Commiss' ion Appellate Adjudication; U.S. Nuclear ~ Regulatory Commission-Washington, D. C.-20555.
f Roger K. Davis, Esq.
l Daryl1M. Shapiro,:Esq.
l
' Office of the General Counsel Mail Stop 15 B 18 U.S.. Nuclear Regulatory: Commission l
Washington, D..C..20555; Morton B.;Margulies L
Chief: Administrative. Law-Judge <
Mail'Stop.EW-439,
.U.S.
Nuclear. Regulatory Commission' Washington,.D.
C.
20555 3
Lloyd ! P. -:- Zerr
.. l
'718:13th~ Street,.N.E.
Washington, D.. C.' 20002
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LTimothy Clarke,.Esq.
53 North 1 Adams Street.
Rockvi-11e, Maryland!20850 h
Ja6es M.
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