ML20054M770

Memorandum & Order Setting Forth Rules Governing Discovery

ML20054M770
Person / Time
Site:	Indian Point
Issue date:	07/06/1982
From:	Carter L, Paris O, Shon F Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-SP, NUDOCS 8207140388
Download: ML20054M770 (4)

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UNITED STATES OF AMERICA - ,  !

NUCLEAR REGUALTORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Louis J. Carter, Chairman SERVED JUL131982 Dr. Oscar H. Paris Frederick J. Shon In the . Matter of f '

CONSOLIDATED EDIS0N COMPANY ) Docket Nos. 50-247-SP 0F NEW YORK 50-286-SP (Indian Point, Unit. No. 2) f POWER AUTHORITY OF THE STATE July 6, 1982 0F NEW YORK

)

(Indian Point, Unit No. 3)

MEMORANDUM AND ORDER (Setting Forth Rules Governing Discovery)

By Order dated June 3, 1982, the Board set forth certain rules to govern discovery in this proceeding. Because of the continuing discovery t disputes between parties, we are providing herein additional discovery rules l

which supplement those issued June 3. To the extent that there are any l discrepancies between the June 3 rules and those contained herein, the rules in this order are controlling.

I. Future Discovery on Commission Questions 3 and 4 ns stated in our Prehearing Conference Memorandum and Order issued June 30, 1982, future discovery on contentions relating to Comission Questions 3 and 4 will be allowed only upon a showing of good cause.M l

l 1/ This provision is consistent with the rule set forth in 10 C.F.R. 52.740(b)(1)

! with respect to discovery following the prehearing conference held pursuant l to 52.752. While it may be arguable whether this rule applies to the instant

proceeding,,we deem it a reasonable practice to adopt here.

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Good cause shall include, but is not limited to, the following:

1) sufficient informction is not contained in the pre-filed testimony to permit a party to prepare its case opposing the witness;

2) the absence of additional information will cause undue hard-ship and it is impractical or impossible to obtain the needed information by other means;

3) unexpected and exceptional circumstances, such as illness, death, accident, or casualty prevented completion of discovery;

4) justice or fairness requires that the discovery request be approved by the Board.

General conclusory statements will not be deemed to comply with the above.

II. Motions Pertaining to Discovery Because of the expedited nature of this proceeding, the time periods that apply to motions pertaining to discovery, answers thereto, and requests for leave to reply to answers shall be as follows:

1) All parties except the f4RC Staff shall have 7 days from the service date of the motion in which to file an answer.

The Staff shall have 10 days from the service date of the motion in which to file an answer.

2) All parties except the fiRC Staff shall have 7 days from the service date.of an answer in which to file a request for leave to

, reply to the answer. Staff shall have 10 days from the service of an answer in which to file a request for leave to repljy. If the Board does not act within 10 days of the service date of such a request, the request shall be deemed denied.

Any motion for the Board to resolve a discovery dispute shall set forth verbatim each interrogatory, answer to interrogatory, request for admission, and response which is at issue. In addition, the motion shall include the following information:

i) a statement of the issue and/or basis for the request for discovery; ii) a proposed plan and schedule for the requested discovery; J

9 lii) a statement of any limitation proposed to be placed on the discovery; -

iv) any other proposed orders with respect to discovery; v) a statement showing that the attorney or representative making the motion has made a reasonabic effort to reach an agreement with the opposing attorney or representative on the matters set forth in the motion; each party and his representative or attorney are under a duty to participate in good faith in the framing of a discovery plan if a plan is proposed by the attorney or representative of any party.

III. Discovery on Commission Questions 1, 2, 5, and 6 The Board has considered the discovery schedule proposals submitted by the parties in response to the Board's request and during the hearing on June 25, 1982 and establishes the following sch,edule of discovery and related matters for the remainder of the proceeding:

July 19 Interrogatories and requests for production of documents on contentions -related to Commission Questions 1, 2, 5 and 6 shall be delivered.2_/

July 23 Oral objections to interrogatories and requests for production of documents on contentions related to Commission Questions 1, 2, 5 and 6 shall be delivered.

August 2 Answers to interrogatories and requests for c tion of documents on contentions related produ' to Commission Questions 1, 2, 5 and 6 shall be ~

delivered.

August 10 Written testimony on contentions related to Commission Question 6 shall be delivered.

August 17 Written testimony on contentions related to Commission Questions 1, 2 and 5 shall be delivered.

Additional scheduling matters will be addressed by further order of the Board.

2/ The language "shall be delivered" means that the documents in question shall be placed in the hands of the addressee on or before the date indicated.

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1 Upon consideration of the foregoing and the entire record in this proceeding, it is this 6th day of July, 1982 ORDERED

1. That further discovery on contentions related to

-Commission Questions 3 and 4 shall be allowed only pursuant to Section I of this order.

2. That time periods that apply to discovery pleadings shall be as set forth in Section II of this order.

3. That pleadings related to discovery shall contain the information called for by Section II of this order.

4. That the schedule for discovery and the filing of written testimony shall be as set forth in Sect-ion III of this order, subject to further order by the Board.

THE ATOMIC SAFETY AND LIC NSIriG BOARD l f kw1arter, Chairman Louis J ADMINI T TIVE JUDGE

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hI g? ' )n '4 ps/

i Frederick J. Shon l ADMINISTRATIVE JUD l

'\

COM Oscar H. Paris

. Ox[s ADMINISTRATIVE JUDGE White Plains, New York July 6, 1992

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