ML20058J162

Reply Brief Supporting ASLB Order Compelling Discovery. Info Sought Appears Reasonably Calculated to Lead to Discovery of Admissible Evidence.Proof of Svc Encl.Related Correspondence

ML20058J162
Person / Time
Site:	Perry
Issue date:	08/04/1982
From:	Wilt D SUNFLOWER ALLIANCE, WILT, D.D.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8208090179
Download: ML20058J162 (2)

Text

~

a . .

D TEDC0ftynypgy N .

UNITED STATES OF AMERICA Fb -

NUCLEAR REGULATORY COMMISSION lfg inn h c..

Before the Atomic Safety and Licensing Board _ , ,

'"f In the Matter of ) Docket Nos. 50-440-OL

) 50-441-OL CLEVELAND ELECIRIC ILLUMINATING )

COMPANY, Et al. )

)

(Perry Nuclear Power Plant, )

Units 1 and 2)- )

SUNFLOWER REPLY BRIEF IN SUPPORT 07 .

MOTION TO COMPEL DISCOVERY 1.-The k'ey to Applicant's argument against Sunflower's )btion

- to Compel Discovery is found on page 3 of Applicant's Brief: " Applicants are simply evaluating the challenged interrogatories against the issues admitted by the Licensing Board". While this may be Applicant's standard in determining whether or not to answer interrogatories, it is not the ,

legs 1 standard under the Rules. -

2. Sunflower wishes to point out the following:

...It is not ground for objection that the information sought will be inadmissible 'at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

10 CFR 2.740(b)(1) .

This is the standard not Applicant's evaluation. Applicant's argument is nothing more than stating that the information sought is not relevant because it is not admissible. Since this is an erronous standard, Sunflower l

urges that this Board issue an order compelling discovery, sp ctfull y bmitted, bl'm N Y

• Dani,el D. Wilt) Esq.

Attorney for Sunflower Alliance Inc.

l 8208090179 820804

.O. Box 08 W Cleveland, Ohio 44108 $

DR ADOCK 05000440 PDR (216) 249-8777 h

0 PROOF OF SERVICE This is to certify that a copy of this Reply Brief was sent to

~

all persons on the Service List on this day of August, 1982.

\ / L1,a/ i

!vt4 Darriel D. Wilt, Esq.

Atdorney for Sunflower Alliance Inc.

/

OO e

• 4'

_ _.Q - , _ _ _ _ . _ , , ,g, , - - - - - -