ML20054L561
| ML20054L561 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 07/06/1982 |
| From: | Baxter T SHAW, PITTMAN, POTTS & TROWBRIDGE, UNION ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8207080244 | |
| Download: ML20054L561 (6) | |
Text
'N July 6, 1982 up.trrED cotueeusuENCE 4
UNITED STATES OF AMERICA a n~ '
NUCLEAR REGULATORY COMMISSION 1 23 Before the Atomic Safety and Licensing Board N
In the Matter of
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UNION ELECTRIC COMPANY
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Docket No. STN 50-483 OL
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(Callaway Plant, Unit 1)
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APPLICANT'S ANSWER TO INTERVENOR REED'S MOTION TO COMPEL DISCOVERY On June 16, 1982, intervenor John G. Reed served " John Reed's Interrogatories and Requests for Production of Documents (Set No. 1) to Callaway County Court Administrative Judges and Callaway County Emergency Management Coordinator," dated June 14, 1982, and " John Reed's Interrogatories and Requests for Production of Documents (Set No. 1) to the Missouri Public Service Commission and the State of Missouri," dated June 15, 1982.
On July 1, 1982, Mr. Reed filed a " Motion to Compel Dis-covery," in which he moved the Atomic Safety and Licensing Board to issue an order directing the State of Missouri and Callaway
. County to respond to his discovery requests.
Applicant Union Electric Company submits this answer in opposition to the motion.1 1/
. While Union Electric Company is not the subject of the Motion to Compel Discovery, as the party with the burden of proof Applicant has a strong interest in the Board's disposition of the motion since it may well affect the scope and schedule of the proceeding.
In addition, as we point out below, the motion is directed at entities which are not parties to this proceeding.
In this situation, the answer of a party to the proceedinc, the applicant, may be of assis-tance to the Board.
8207080244 820706
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- There are several grounds for denying the motion.
- First, it is premature.
The Board's Memorandum and Hearing Schedule Order, dated June 9, 1982, provides that July 15, 1982, is the last day for filing discovery requests, and that August 1T, 1982, is the last day for filing responses to discovery requests.
A credible reading of the Board's Memorandum and Order is that discovery responses filed on or before August 16, 1982, to dis-covery requests filed on or before July 15, 1982, are timely in spite of the response times provided in 10 C.F.R. SS 2.740b(b) and 2.741(d).S!
Even if one did view the response schedule to be governed solely by the regulations, as Mr. Reed apparently does, there was no failure to respond at the time Mr. Reed filed his Motion to Compel Discovery.
Pursuant to 10 C.F.R.
SS 2.710 and 2.740b(b),
responses to Mr. Reed's interrogatories would be due no earlier than July 6, 1982.
Pursuant to 10 C.F.R.
SS 2.710 and 2.741(d),
responses to Mr. Reed's " interrogatories" which in fact are requests for the production of documents would be due on or before July 21, 1982.
Consequently, under either reading of the governing discovery schedule there was no failure to respond as asserted in Mr. Reed's motion.
Therefore, there is no ground to support a motion pur-suant to 10 C.F.R.
S 2.740(f).
2/
Any other reading would render superfluous the Board's dead-line for filing discovery responses, since the Rules of Practice clearly set out response times where the presiding officer has not otherwise established such schedule deadlines.
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. Second, the Board does not have the authority to issue the order requested by the Motion to Compel Discovery.
The language of 10 C.F.R.
SS 2.740b and 2.741 makes it clear that interroga-tories and document production requests may be served by one party upon any other party.
See also Pacific Gas and Electric Company (Stanislaus Nuclear Project, Unit 1) ALAB-550, 9 N.R.C.
683, 690 (1979).
Contrary to the statements in Mr. Reed's motion, the Board did not grant intervention status to Callaway County or the State of Missouri in the Board's Order of February 5, 1981, or in any other action or order by the Board.
The Board granted"the petition of the Missouri Public Service Commission to participate pursuant to 10 C.F.R. 5 2.715 (c).
The PSC does not purport to be the " State of Missouri" for the purposes of this proceeding, and the " State of Missouri" simply has no status here.3/
In its Special Prehearing Conference Order of April 21, 1981, the Board granted the section 2.715 (c) petition of Asso-ciate Judge Robert G. Wright of Callaway County.
Mr. Wright is one of three County Court Administrative Judges, however, and i
Mr. Reed's discovery requests were directed to the entire Callaway County Court and its Emergency Management Coordinator.
Neither the Court nor the Coordinator has status in this proceeding.
i 3/
Mr. Reed's discovery requests were directed to the PSC and the State of Missouri.
While considerable doubt exists about the obli-gation of a section 2.715(c) participant to respond to discovery, the Board need not reach that question here since the requests generally seek information outside the purview of the PSC.
55 t In conclusion, for all of the foregoing reasons Mr. Reed's Motion to Compel Discovery should be denied.
In particular, Applicant opposes Mr. Reed's suggestion that he has some implicit right to two rounds of discovery at this point in the proceeding.
This was neither agreed to by the parties nor proposed as a basis for the Board's scheduling order.
Applicant therefore objects to an automatic extension of time for filing additional discovery requests after July 15, 1982.
Finally, Applicant raises a point of information which, while not dispositive of the subject motion, may be useful for the Board.
At the request of Applicant and the Missouri PSC, the Missouri Disaster Planning and Operations Office and the Missouri Bureau of Radiological Health -- two state agencies with govern-mental responsibilities for the matters raised by Mr. Reed's discovery requests -- have agreed voluntarily to prepare responses to Mr. Reed's requests to the State of Missouri.
It is our understanding that through the PSC counsel they will be informing Mr. Reed that additional time is required (beyond the deadline
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advanced by Mr. Reed) to prepare the responses.
In view of the voluntary cooperation exhibited by these two state agencies, Applicant submits that any attempt to impose a shorter schedule on them would be particularly inappropriate.
l Respectfully submitted, n
l Thomas A.
Baxter Deborah B. Bauser SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 202/822-1000 Dated:
July 6, 1982.
Counsel for Applicant
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July 6, 1982.-
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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UNION ELECTRIC COMPANY
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Docket No. STN 50-483 OL
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(Callaway Plant, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing letters to Mr. John G.
Reed and to the Board, and a copy of the foregoing APPLICANT'S ANSWER TO INTERVENOR REED'S MOTION TO COMPEL DIS-COVERY were served this 6th day of July, 1982, by deposit in the United States mail, postage prepaid, addressed to each person or, the attached Service List.
l
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Thomas A.
Baxter 4
9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION B.rFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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UNION ELECTRIC COMPANY
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Docket No. STN 50-483 OL
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(Callaway Plant, Unit 1)
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SERVICE LIST James P. Gleason, Esquire Kenneth M. C22ackes, Esquire Chair::en Chackes and Hoare A*wr Safety and Licensing Board 314 N. Broadway 513 Gilnctn.e 0:dvc St. Icuis, Plssours. 63102 Silver Spring, Maryland 20901 Mr. John G. Reed Mr. Glenn O. Bright Poute 1 Atcrric Safety and Licensing Kingian City, Missouri 65262 Erard Panel U.S. Nuclear Pegulatory Ccmrission Mr. Howard Steffen Washirsten, D.C.
20555 Chamois, Missouri 65024 Dr. Jerry R. Kline Mr. Harold IQcem At=:ric Safety and Licensing b ute 1 Board Panel Oed11e, Missouri 65066 U.S. Nuclear Regulatory Comrission Wasnington, D.C.
20555 Mr. Farl Brcun P.O. Box 146 Pcy P. Iassy, Jr., Esquire Auxvasse, Missouri 65231 Office of the Executive Iagal Director U.S. Unclan-Pagulatorf Nissica
.t. Fred Luekey Washington, D.C.
20555 Rural Poua PMnaland, Missouri 65069 Dacketing and Sen' ice Sec~m Office of the Secretary Mr. W 1 J. Birk,
U.S. Nuclear Pegulatory Ccarission P.O. Ecx 243 Washington, D.C.
20555 M:.T. ison, Missouri 65061 Joseph E. Birk, Esquire
.t. Fcbert G. Wricht Assistant to the General Counsel Pcute 1 l
Unicn Elec =ic Cc y rf Fuhan, Missoci 65251 P.O. B x 149 St. Icuis, Missouri 63166
.r. ic A. 7 4en, Esquire Eirch, Ecrton, Eittner & btnroe A. Scott Cauger, Esquire 1140 Cbnnecticut Avenue, N.W.,
- 1100 Assistr.: General Cot =sel Washing:ca, D.C.
20036 Missouri Public Service Cua.ission P.C. Scx 360 Jeffersen City, Missouri 65102 l
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