ML20062C140

Order Granting NRC Staff Motion of 780818 to Impose Sanctions.Consolidated Intervenors Have Frustrated Staff Efforts & Have Not Complied W/Board Orders.Nrc Motion for Dismissal of Intervenor Contention 7(g) Granted

ML20062C140
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/27/1978
From:	Bowers E Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7811070023
Download: ML20062C140 (2)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1 ~

g@gG ggT s Before the Atomic Safety and Licensing Board

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, In the Matter of -

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LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station,

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) Docket No. 50-322 h' Unit 1) )

ORDER GRANTING NRC STAFF MOTION OF AUGUST 18, 1978 TO IMPOSE SANCTIONS

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The NRC Staff moved for the dismissal of Consolidated Intervenors (CI) Contention 7(g) on August 18, 1978, on the basis that CI responses to the Staff's Interrogatories 1 and 4 of the First Set of Interrogatories "are demonstrably in-adequate and indicative of persistent failure to perform their obligations as a party to this proceeding." On October 12, 1978, CI responded in opposition on the basis "that they have responded to Staff's interrogatories as b fully as possible given the presently unresolved status of the Mark II Containment System."

CI's filing ignores the explicit Staff position detailed on pages 4, 5, and 6 of the motion. The Staff sought to discover "where does the facility fail to comply with Appendix J and why?"

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The Board concurs with Staff that the Mark II Program l

j is to resolve questions relating to dynuic responses and that Appendix J is an NRC Regulation to assure that appropriate i

leak tightness of the containment is maintained and demonstrated

by leak testing. The Board agrees with the Staff that the two areas are disparate and do not impact on each other.

The Staff is entitled to a timely and adequate response to discovery requests. CI has not only frustrated the Staff's )

efforts but has not fully complied with the Board's Orders.

The Staff s motion for dismissal of CI's Contentien 7(g) is granted.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 0

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$A: MdW Elizdbeth S. Bowers, Chairman Dated at Bethesda, Maryland This 27th day of October 1978.

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