ML20054H288

Order Granting Rockford League of Women Voters Motion for Extension of Time Until 820706 to Answer Util Interrogatories.League Consultants Heavily Engaged in Another Prodeeding

ML20054H288
Person / Time
Site:	Byron
Issue date:	06/21/1982
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	LEAGUE OF WOMEN VOTERS OF ROCKFORD, IL
References
ISSUANCES-OL, NUDOCS 8206230202
Download: ML20054H288 (3)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD ,

. -<<. Ag Administrative Judges:

Stephen F. Eilperin, Chairman Christine N. Kohl Dr. Reginald L. Gotchy SERVED JUN 221962

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In the Matter of )

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COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL (Byron Nuclear Power Station, )

Units 1 and 2) )

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ORDER June 21, 1982 Upon receiving our opinion in ALAB-678 on June 18, the Rockford League of Women Voters, by telegram, moved for an ll-day extension of time in which to answer Commonwealth Edison Company's interrogatories. b! (In ALAB-678 we readmitted the League to this proceeding but imposed sanctions for its failure to comply with the Licensing Board's August 18, 19 81 discovery order --

among them, the requirement that the League provide full and complete answers to applicant's outstanding interrogatories no later than June 24 or have the contentions to which they relate stricken.) We are told that the League's technical consultants

_1/ The League asked for an extension until July 5. Because July 5 is a legal holiday, however, we construe the League's request .s an extension until July 6.

8206230202 820621 0' PDR ADOCK 05000454 G PDR }

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have been involved in another NRC licensing proceeding (Shoreham) and will remain so through June 28, when the proceeding recesses.

Their assistance is said to be necessary to answer the interrog-atories and to determine which of the League's contentions should be litigated under the constraints we imposed in ALAB-678.- [

Commonwealth Edison has no objection to the requested extension of time.

The Commonwealth Edison interrogatories have been outstand-ing for close to a year, and it is unclear from the League's motion precisely what effort has been made to answer the inter-rogatories since we heard oral argument in this case on May 13. 3/

Nevertheless, and with some considerable hesitancy, we grant the League's requested extension. First, we have conferred with the Licensing Board chairman in the Shoreham proceeding and have been advised that the League's consultants, MHB Technical Asso-ciates, have been heavily engaged in that proceeding over the last six weeks. Thus; whatever effort the League may or may not have made over this most recent period, their consultants have in fact

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In ALAB-678 we also restricted the contentions the League can litigate to that number the Licensing Board concludes it can comfortably decide on the merits without unjusti-l fiably delaying operation of the Byron facility.

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There we advised League counsel that if his client were readmitted to this proceeding, it could expect to be re-l quired to answer the interrogatories within less than one week from the date of our decision.

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been largely unavailabic. Second, given our disposition in ALAB-678 limiting the number of contentions that can be litigated, any further delay at this juncture works against the League. See

n. 2, supra. Third, as noted earlier, Commonwealth Edison has no objection to the grant of the requested extension.

In taking this action, we note that the League will have no colorable excuse for providing anything but full, complete, and useful answers to Commonwealth Edison's interrogatories. The ad-ditional time will also enable the League to come to grips with its own case. Th us , the Licensing Board will have ample reason to be rigorous when imposing time deadlines on the League's future participation in this proceeding.

The League's motion for an extension of time until July 6, 1982 in which to answer Commonwealth Edison's interrogatories is granted. The League's responses shall be delivered to Commonwealth Edison's counsel no later than 5:00 P.M. that day.

It is so ORDERED.

POR THE APPEAL BOARD O_b rd) 1 mew A =~~

C. d an Shbemaker Sec(rdtary to the Appeal Board

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