ML20063A248

Motion for Relief from Applicant 820715 Excessively Burdensome & Redundant Discovery.Applicant Using Procedural Overload to Force Author Into Default.Certificate of Svc Encl

ML20063A248
Person / Time
Site:	Callaway
Issue date:	08/20/1982
From:	Jeffrey Reed REED, J.G.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8208240261
Download: ML20063A248 (4)

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1 4 UNITED STATE 3 CF eJERICA NUCLEAR REGULATORY C0!. MISSION 00VETED BEFORE THE ATOMIC SAFETY Z D LICfGSING BokRD In the Matter of )

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UNIQ! ELECTRIC COWANY ) Docket No. STN 50-483 OL crc "

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)R. RED'S M7PICN FOR RELIEF FROM FJCCESSIVELY BURDENSOME AND REDUNDANT DISCOVErd BY APPLICANT The undersigned respectfully moves that the Board grant him relief from the requirement that he answer, in writing, the discovery requests w made by Applicant on 15 July 1982. Such request is based upon the facts outlined below. .

DISCUSSION On 15'JtIly 1982, Applicant submitted interrogatories and requests for production;of Edocuments to intervenor John G. Reed. Such discovery contained some 481 antitiple part questions. and requests. Due to the volume

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of interrogaEories, discovery was extended from 16 August to 23 August and a prehearing conference set to consolidate issues (see Order of 06 August).

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- Mr. Reed began prep'aration of anyers to such discovery; however, on 12

' August' Mr. Reed received'a new copy of the proposed local plan, dated July 1982, dich changed some of the procedure and differed in format from

. all previous' editions. Also, with this "new plan", Mr. Reed received new copies of the four ' counties STe, dated June 1982. Said SOPS were, also, in different format and had procedural changes included therein. All of Mr. Reed's previous work in preparing answers to Applicmt's discovery was wasted. It appears reasonable that Applicant knew of the existance of these new documents at the time it made its discovery requests end was aware of the delayed date that they would be forwarded to Mr. Reed.

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Staff counsel had submitted some 678 multi-interrogatories, more or less, on 15 July 1982. On 11 August 1982, Mr. Robert Perlis, Staff Counsel, telephoned the undersigned t.nd made arrangements for Mr. Reed to orally respond to Staff discovery. Interrogation and answers were duly recorded on 18 August 1982 and will be signed under oath or affirmation

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by Mr. Reed when comitted to print. Mr. Reed met with Mr. Robert Perlis and Kr. RicIard Goddard, NRC Staff and Ms. Deborah Bauser of Shaw, Pittman, Potts and Trowbridge, representing Applicant. Also present were three (3) other gentlelinen representing Applicant. The meeting was held at the Holiday Lin-West in' ColunS6, Missouri and questioning began at about 9:00 am and terminated at about 8:30 pm that same day. .Each contention and sub-contenticn in Mr. Reed!s final particularization of contentions was covered during the session.' 'Siaff counsels asked questions and afforded Ms. Bauser an opportunity to ask questions before moving to the next contention or sub-

,' contaltion. Ms. Bauser joined in the questioning of Mr. Reed and was

[* present until the' session ended at about 8:30 pm.

E Many of.i.Mr. Reed's sub-contentions were found to be such that they

( could be consolidated and Mr. Ree' d snd Ms. Buaser voiced no objection to

.,c such consolidat, ion..

Because of this interrogation, Staff counsel Perlis informed Mr. Reed that the Staff will not require written answers to its discovery document of 15 July 1982. Ms. Bauser, however, said that this interrogation would not relieve Mr. Reed of his responsibility to respond in writing to the Applicant.'s discovery requests of 15 July 1982.

Applicant's participation in the interrogation session of 18 August constituted one round of discovery. If Mr. Reed is required to answer in writing Applicant's original discovery then Applicant has obtained defacto l

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i double discovery.. Applicant vehemently opposed Mr. Reed's having two rounds of discovery (see Applicant's Answer to Intervenor Reed's Motion 5,

to Compel Discovehr, dated-06 July.1982, page 4, lines 2, 3, and 4; , '

"In particular, Applicant opposes Mr. Reed's suggestion that he has some implicit right to two rounds of discovery at this point in the:proceding. - This was neither agreed to by the parties nor

% proposed as a basis for the Boani's scheduling order.").

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Mr. Reed has noted that Applicant's interrogatories are in the main the

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L same as those posed by Sta'ff. As such, Mr. Reed's response to oral

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, examination by: Staff and Applicant's representative, Ms. Bauser en 18

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, August should satisfy Applicant's need for discovery in this matter.

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SUMMARY

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Due to the volume of Applicant interrogatories and document requests

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, 'and the late issuance,of new plans and S(Ps, it. is felt that Applicant is knowingly or< unknowingly using procedural overload to force Mr.- Reed into E a default situation in thiis matt.or. Applicant is aware of Mr. Reed's limited financial resources. and staff and because of the redundancy of

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- interrogatories p...osed- bp Applicat and Staff it is respectfully moved that

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Applii: ant'be ldmitM to"one round of discovery, that being its participation in the oral examination of Mr. Reed on 18 August 1982, in Columbia, Missouri and that' Mr. Reed be formally relieved from the excessive administrative ,

and financial burden of responding in writing to Applicant's original -

discovery of 15 July 1982.

Respectfully submitted, x

Dated this 20th dey of /JohnG. Reed August 1982 in Kingdom Citizen of the United States of america City, Missouri ' -

RFD #1 Kingdom City, Missouri 65262 tel: (314) 642-2769 3Q :Q , . .

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, UNITED STATE 3 CF aM5RICA NUCLEAR REGULATORY COMMISSION BEF2E THE ATOMIC SAFETY M!D LICENSING BCARD In the Matter of )

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UNION ELECTRIC CO)PANY ) Docket No. STN $0 483

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(Callaway Plant, Unit 1) )

CERTIFICATE OF SERVICF.

I hereby certify that the document attached hereto was served this 21st day of August _,1982 by deposit in the U.S. mail, first class' postage' prepaid upon the following:

James P. Gleason, Esquire Mr. Olenn O. Bright Chairman, Atomio Safety and Atcade Safety and Licensing Board Licensing Board Panel . Panel ,

513 Gilmoure Drive U.S., Nuclear Regulatory Comuniesion Silver Spring, Maryland 20901 - Washington, D.C. 20555 Dr. Jerry R'.' Eline Docketing and Service Section Atomic Safety and, Licensing Office of the Secretary Board Panel U.S. Nuclear Regulatory Capuission U.S. Nuclear Rpestory Canadssion Washington, D.C. 20555 ' "'

Wabhington,'D.U. 20555 .

Roy P. Leasy, Jr., Esquire!

Kenneth M. Chackes, Esquire , Office of the Executive Legal Director Chackes and Hoare U.S. Nuclear Regulatory Commission 314 N. Broadway ,

Washington, D.C. 20555 '

St. Louis, W. 63102 ,

Thomas A. Baxter, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M. Street, N.W.

Washington, D.C. 20036 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 v x (ohn G. Reed '

Citizen of the United States of America