ML20052H853
| ML20052H853 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 05/20/1982 |
| From: | Semmel H ANTIOCH SCHOOL OF LAW, WASHINGTON, DC, BIER, MILLS, CHRISTA-MARIA, ET AL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8205240077 | |
| Download: ML20052H853 (5) | |
Text
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n-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICRNSIf[bBOARD; ;g.g d
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i In The Matter of l
Docket No.
50-155-OLA CONSUMERS POWER COMPANY
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Big Rock Point Nuc1 car Power Plant i
MOTION FOR PROTECTIVE ORDER AGAINST i
LICENSEE'S ATTEMPTS TO COERCE STAFF i
IN ITS DELIBERATIONS AND TO QUASil i
NOTICE OF DEPOSITION AND MOTION TO RESTRAIN EX PARTE COMMUNICATION BE-TWEEN STAFF AND LICENSEE The May 18, 1982 letter from Licensee's counsel, purportedly a cover letter on a notice of deposition, is nothing but an attack on i
l the members of the Staff who may finally be attempting to carry out their function as guardian of the public health and saftcy.
Mr.
Gallo's attack on the Staff is wholly gratuitous.
It says in l
effect that Licensee will attempt to embarass the Staff through l
I l
depositions, by asking why the Staff has finally realized that Licensce's earthquake representations and calculations are inadequate.
On behalf of the public, Intervenors say better late \\than never -
I I
never being what Licensee seeks here.
The issues sought to be raised in Mr. Gallo's May 18 etter have already been decided by the Board at the May 6 pre-hearing con-forence.
Mr. Gallo questions why the staff decided to reevaluate l
l the seismic issue and request an extention of time to file testimony 9503 J
B205240077 820520 PDR ADOCK 05000155
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_ _ - _ _ 4 until June 25.
That request has already been granted by the Board, so the questions Licensee wishes to ask in the deposition are irrele-vant to the proceeding.
The NRC Staff is not accountable to Licensee -
]
it is accountable to this Board and the public.
Staff has no obli-gation to " clarify these questions" (On site-specific spectra) to 4
Licensee, as Mr. Gallo suggests on p.
2 of his May 18 letter.
Secondly, the Board on May 6 denied a similar Motion by Inter-venors requesting depositions as to the reversal of the Staff's l
1 tentativo determination to seek an indefinite postponement of the hearing.
Intervonors wanted to learn why the Staff suddenly decided 1
to rush ahead.
The Board would not permit such depositions; instead it granted the Staff's motions for an extention in filing certain testimony.
Whatever the reasons the Staff sought the delay, the i
matter has been decided.
Once the Staff files its testimony on seismic matters on June 25, Licensee will have ample opportunity to depose witnesses, if appropriate and permissible.
Depositions at this time will also place an intolerable burden on Intervenors and prevent their counsel from adequately preparing for the hearing.
Intervenors do not have unlimited number of lawyers and experts as does Licensee.
Intervenors have one lawyer.
There are only nine working days between May 24, the first date scheduled l
l for the depositions, and the beginning of the hearings, June 7.
If j
the depositions proceed as noticed by Licensee, three of those nine l
l days will be consumed in depositions.
Therefore, to conduct these depositions at this time are burdensome and oppressive to Intervenors.
l L
_3 They would force Intervenors to request a compensating delay in the start of the hearings, from June 7, to June 10.
The responsibility will be Licensee's for the delay.
l Finally, Mr. Gallo's letter of May 18 reveals information con-I cerning the inner workings of Staff that can only come from continued ex parte communications between Staff to Licensee.
For example, Mr.
Gallo " understands" that Dr. Bernreuter "has been asked to review the Big Rock site-specific spectra."
Mr. Gallo even knows the very 4
date Dr. Bernreuter is scheduled to report.
Intervenors, on the other hand knew none of this until receipt of Mr. Gallo's May 18 letter.
Intervenors raised this matter of ex parte contacts during the conference on May 6.
We now feel compelled to pursue the matter with a formal motion.
Ex parte exchanges of information between Staff and Licensee amount to discovery from which Intervenors are excluded, a direct violation of the commission's rules and of due process of law.
In addition, Intervenors believe these ex parte communications are used as an opportunity for Licensee to " advocate" its positions with Staff members.
For these reasons, an order is required enjoining all ex parte communications between Staff and Licensee.
Respectfully submitted, SLLEl AltA111b flli b.U Y HERBERT SEMMEL
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Attorney For Intervenors i
Christa-Maria, Bier and Mills Antioch School of Law l
2633 16th Street, N.W.
Washington, D.C.
20009 (202) 265-9500 ext. 240
o CERTIFICATE OF SERVICE
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I hereby certify that the foregoing Motion for Protective Order and to Quash Notice of Depositon and Motion.To Restrain Ex Parte Communications was served on the attached list by hand delivery to the Office listed thereon or by United States Mail, first class postage prepaid on the 20th day of May, 1982.
h1 f, V
/htL IlbRBERT SEMMEL
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Attorney for Intervenors Christa-Maria, Mills and Bier I
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At:.ic Safety and Licensing JerspF Calle, Enquire E:ard Panel Ishe, Linen]n and Beale 3
U.S. Nuclear Regulatory 1120 Connecticutt' Ave, N.W.
Cons:ssicn Suisc 325 Washingten, D.C.
20555 Washington, D.C.
20036
. Esq., Chairman Peter B. Bloch,
..romic Safety and Licensing
^
Board Panel if.
U.S. Nuclear Regulatory j
Commission
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Washington D.C.
20555
[$!-
l Dr. Oscar H. Paris I
Atomic Safety and Licensing
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Board Panci U.S. Nuclear Regulatory Docketing and Service Section Commission of fice of the Secretarv Washington D.C.
20555 U.S.
Nuclear Regulatory Commis s ion Mr. Fredrick J. Shon Washingten, D.C.
20555 Atomic Safety and Licensing Jchn O'Neill, II Board Panel Reute 2, Bcx 44 U.S. Nuclear Regulatory Maple City, MI 49664 Commission Washington D.C.
20555 Janice E.
Meere, Esq.
Counsel fcr NE Staff U.S. Nuclear Regulatory Concission Washington, D.C.
20555
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