ML20050E213
| ML20050E213 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/08/1982 |
| From: | Bloch P Atomic Safety and Licensing Board Panel |
| To: | Kenney T KENNEY, T.J. |
| References | |
| ISSUANCES-OL, NUDOCS 8204130109 | |
| Download: ML20050E213 (1) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Peter B. Bloch, Chairman Dr. Jerry R. Kline
'82 E -9 90 :12 Mr. Frederick J. Sh to I p.
In the Matter of Do6ket.Nos.50-440-0L Y
'50-441-0L CLEVELAND ELECTRIC ILLUMINATING b
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i COMPANY, et al.
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~9 APR 1 21932 n-2 whApril8,1982 (PerryNuclearPowerPlant, Units 1&hrsammW il t=.uirr ua 997 MEMORANDUM s0RDER
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$(M60 N (ConcerningMotio Dypjss-)O '
e-I41umdating Company (appli-
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On March 22, 1982, Cleveland Elect cant) filed a Motion to Dismiss Tod J. Kenney.
The motion arose as the result of Mr. Kenney's unexplained failure to answer interrogatories pro-pounded by applicant on October 15, 1981. The motion also drew support from our previous order of February 18, 1982, in which we granted Applicant's Motion to Compel and offered Mr. Kenney the choice of: (1) responding to Appliccnts' discovery requests by March 15, 1982, or (2) arranging prior to March 15,1982, to be consolidated with another party.
Although Mr. Kenney's failure to comply with our order of February 4
18, 1982, provided clear grounds for dismissal, we did not immediately grant applicant's March 22 motion but awaited Mr. Kenney's response.
- Finally, without any explanation for his lateness in filing, Mr. Kenney requested on April 6,1982, that he be consolidated with Sunflower Alliance.
Since Mr. Kenney has not supplied any reason for failing to comply with the generous time deadline provided for in our February 18 order, we feel compelled to dismiss him from this case.
This order does not, of course, prevent Mr. Kenney from joining an organization that has been admit-ted as a party and participating in the same fashion as other members may
.p art icip ate. However, he has not lived up to the resonsibilities of being a party and his name shall be removed from the service list.
ORDERED:
Tod J. Kenney is dismissed as a party and his name shall be removed from the service list for this case.
FOR THE
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ATOMI SAFETY AND LICENSING BOARD Ak 1
/o Peter B. Bloch, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland 8204130109 820408 PDR ADOCK 05000440 0