ML20064C658
| ML20064C658 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 12/30/1982 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8301040446 | |
| Download: ML20064C658 (5) | |
Text
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"fusTzu December 30, 1982 00tHETED USMC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'83 JAN -3 A11 :15 Before the Atomic Safety and Licensing Board E st [An -
6;6C;w & SERVICE In the Matter of
)
!*ANC4
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, et al.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
APPLICANTS' MOTION TO COMPEL DISCOVERY FROM SUNFLOWER ALLIANCE, INC., ET AL.
On September 30, 1982, Applicants filed their Third Set of Interrogatories and Request for Production of Documents to Sun-flower Alliance, Inc., et al.
(" Sunflower").
Interrogatory 4 (a) requested that Sunflower identify "each person or organization providing any information, assistance, or advice, directly or indirectly, to Sunflower with regard to Issue #3." Interrogatory l
l 4(b) requested that Sunflower state the substance of that infor-I mation, assistance, or advice.
On October 29, 1982, Sunflower submitted its response to the l
Third Set of Interrogatories.
Sunflower did not provide a sub-stantive answer to Interrogatories 4 (a) and (b).
Instead, it stated that it " objects to this interrogatory as irrelevant to Issue No. 3 and therefore beyond the scope of ' i.scovery ".
Applicants' counsel in early November discussed Sunflower's i
objection with Sunflower's counsel.
The purpose of this discussion l
]O
{DRADOCK05000 8301040446 821230
{,,
. was to understand the basis for Sunflower's objection and, if necessary, to make the " required communication" which is a pre-requisite to filing a motion to compel.
See Order Concerning Motions to Compel, dated November 9, 1981.
During the course of that discussion, Sunflower's counsel agreed that Interrogatories 4 (a) and (b) were relevant and that Sunflower would provide answers to those interrogatories shortly.
In early December, having not received answers to Inter-rogatories 4 (a) and (b), Applicants' counsel again spoke with Sunflower's counsel concerning Sunflower's response.
Sunflower's counsel again stated that Sunflower would answer the interroga-tories.
Having twice sought, without success, to obtain responses to these interrogatories, Applicants hereby request that the Licensing Board, pursuant to 10 CFR S2.740 (f) (1), order Sunflower to promptly submit substantive responses to Interrogatories 4 (a) and (b).
The information sought is clearly relevant to Issue 3 in that it seeks information which has been provided to Sunflower i
on that contention and the identification of persons or organi-zations providing that information.
Although this motion is being l
filed beyond the 10-day period set forth in 10 CFR S2.74 0 (f) (1),
1 i
- the motion is timely in light of Sunflower's two unfulfilled 4
promises to supply the information.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE BY:
g_
JA E. SILBERG, C.
Coun fo r Applicants 1800
- StrAet, N.W.,
Suite 900 South Washington, D.C.
20036 (202) 822-1000 DATED:
December 30, 1982
December 30, 1982 UNITED STATES OF AMERICA NUCLEAP. REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY, et al.
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Applicants' Motion to Compel Discovery From Sunflower Alliance, Inc., Et Al."
were served by deposit in the United States Mail, First Class, postage prepaid, this 30th day of December, 1982, to all those on the attached Service List.
l k
s Jay ilberg g
DATED:
December 30, 1982 l
l l
O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
SERVICE LIST Peter B.
Bloch, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory CommissioE Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry R.
Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S.
Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commissio0 Washington, D.C.
20555 Washington, D.C.
20555 Mr. Glenn O.
Bright James M.
Cutchin, IV, Esquire Atomic Safety and Licensing Board Office of the Executive U.S.
Nuclear Regulatory Commission Legal Director Washington, D.C.
20555 U.S. Nuclear Regulatory CommissioD Washington, D.C.
20555 Christine N.
Kohl, Chairman Atomic Safety and Licensing Ms. Sue Hiatt Appeal Board OCRE Interim Representative l
U.S.
Nuclear Regulatory Commission 8275 Munson Avenue Washington, D.C.
20555 Mentor, Ohio 44060 l
Dr. John H.
Buck Daniel D.
Wilt, Esquire Atomic Safety and Licensing Post Office Box 08159 Appeal Board Cleveland, Ohio 44108 U.S.
Nuclear Regulatory Commission l
Washington, D.C.
20555 Donald T.
Ezzone, Esquire i
Assistant Prosecuting Attorney l
Gary J.
Edles, Esquire Lake County Administration Center Atomic Safety and Licensing 105 Center Street l
Appeal Board Painesville, Ohio 44077 l
U.S.
Nuclear Regulatory Commission Washington, D.L.
20555 John G.
Cardinal, Esquire Prosecuting Attorney Atomic Safety and Licensing Ashtabula County Courthouse Board Panel Jefferson, Ohio 44047 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Terry Lodge, Esquire 915 Spitzer Building Toledo, Ohio 43604