ML20069J893
| ML20069J893 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 10/20/1982 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8210250299 | |
| Download: ML20069J893 (5) | |
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-, -hCH UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licedsing Board In the Matter of
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)
THE CLEVELAND ELECTRIC
)
Docket Nos. 50-440 ILLUMINATING COMPANY
)
50-441
)
(Perry Nuclear Power Plant,
)
Units 1 and 2)
)
APPLICANTS' ANSWER TO OHIO CITIZENS FOR RESPONSIBLE ENERGY MOTION TO EXTEND DISCOVERY ON ISSUE #9 On October 15, 1982, Ohio Citizens for Responsible Energy
(" OCRE" ) filed a motion to extend discovery on Issue #9 (polymer degradation).
The motion is addressed to discovery from both Applicants and the Staff.
With respect to discovery from Appli-cants, OCRE requests that the deadline for filing discovery requests be extended until November 1, 1982.
As justification for the portion of the motion directed to Applicants' discovery, OCRE appears to suggest that Applicants have failed to give OCRE prompt access to documents cited in response to OCRE's interroga-tores.
OCRE misstates the facts.
OCRE filed its first set of interrogatories on Issue #9 on August 30, 1982, some six weeks after the Licensing Board admitted the issue.
Applicants filed their answers on September 14, 1982 82102502*J1 @
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-- six days be, fore Applicants' response was due. j Not until
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Friday,Efternoon, October 8, 1982 -- twenty-four days after Appli-n.
cants filed'their response -- did Ms. Susan Hiatt, OCRE's interim representasive, attempt.to contact Mr. Ronald Wiley to arrange-for examination of the documents cited in Applicants' response.
Ms. Hiatt was informed that Mr. Wiley was on vacation t, hat day, but would be in the office on October 12, the next working day.
Mr. Wiley tried to get back to Ms. Hiatt on October 12 and 13,'
but was not able to contact her until the morning of October 14.
At that time, Mr. Wiley and Ms. Hiatt arranged to have the docu 2 raents examined by OCRE on October 24.
It is plain that if thera was any negligence in providing OCRE prompt access to the documents, the fault lies with OCRE and not Applicants.
Ms. Hiatt waited over three weeks before calling Mr. Wiley to arrange a date for examining the documents.
After
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being. told that Mr. Wiley was unavailable, OCRE made no attempt to contact Applicants' counsel (or anyone else) to identify an alternate in Mr. Wiley's absence.
It is difficult to take seriously OCRE's complaint that it has been unfairly prejudiced in its ability to~ file follow-up interrogatories, when OChE made no attempt to contact Applicants about inspecting the documents until one week prior to the October 15 discovery cut-off date.
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Applicants response was due on September 20, 1982.
W Had it acted with reasonable diligence, OCRE would have had more than sufficient time to review the documents and file follow-up interrogatories prior to the discovery cut-off date.
There is no justification for extending the discovery cut-off date to November 1, 1982. /
Accordingly, the motion to extend discovery should be denied.
Respectfullf submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE f
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BY:
JAY 3: 'SILBCRG, P.C.
Co se for Applica t 1800 t: eet, N.W., Suite 900 South Washington, D.C.
20036 (202) 822-1063 DATED:
October 20, 1982 I/
OCRE also complains that the NRC staff has failed to answer OCRE's interrogatories.
This is a matter between OCRE and the Staff.
There is no reason, however -- and OCRE identifies none --
why the Staff's alleged failure to respond would justify extending the discovery cut-off date as to Applicants.. _ -.
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October 20,,1982 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)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Applicants' Answer to Ohio Citizens for Responsible Energy Motion to Extend Discovery on Issue #9" were served by deposit in the United States Mail, First Class, postage prepaid, this 20th day of October, 1982, to all those on the attached Service List.
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JAYS S LBERG(
DATED:
October 20, 1982 1
V UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
).-
THE CLEVELAND ELECTRIC.
)
.Do'cket Nos. 50-440 i
ILLUMINATING COMPANY
)
50-441
)
(Parry Nuclear Power Plant,
)
Units 1 and 2)
)
i SERVICE LIST Pater B. Bloch, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear-Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Jerry R.
Kline Docketing and Service Section Atomic Sdfety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commiss, ion Washington, D.C.
20555
. Washington, D.C.
20555 Mr. Frederick J. Shon 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 Commission Christine N.
Kohl, Chairman Atomic Safety and Licensing Ms. Sue Hiatt Appeal Board OCRE Interim Representative U.S. Nuclear Regulatory Commission 8275 Munson Avenue Washington, D.C.
20555 Mentor, Ohio 44060 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 Washington, D.C.
20555 Donald T. Ezzone, Esquire Assistant Prosecuting Attorney Gary J. Edles, Esquire Lake County Administration Center i
Atomic Safety and Licensing 105 Center Street Appeal Board Painesville, Ohio 44077
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U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John G.
Cardinal, Esquire i
Prosecuting Attorney Atomic Safety and Licensing Ashtabula County Courthouse Jefferson, Ohio 44047 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Terry Lodge, Esquire 915 Spitzer Building Toledo, Ohio 43604
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