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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20056E5101993-08-11011 August 1993 Comment Opposing Proposed Rule 10CFR20 Re Radiological Criteria for Decommissioning ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal IR 05000358/19820101986-06-24024 June 1986 Applicant Exhibit A-49,consisting of Forwarding Partially Withheld Safety Insp Rept 50-358/82-10 on 820607- 0818 (Ref 10CFR2.790) & Notice of Violation ML20129A3751985-05-16016 May 1985 Order Revoking CPPR-88,based on Util 840127 Plan to Convert Facility to Coal Fuel ML20133N3621985-03-14014 March 1985 Unexecuted Amend 3 Terminating Indemnity Agreement B-85 ML20094C3571984-08-0202 August 1984 Transmittal of Info Re Util 840320 Motion for Withdrawal of OL Application.Fuel Removed from Site,Steam Supply Sys Modified & CRD Mechanisms Removed.Certificate of Svc Encl ML20087H7881984-03-20020 March 1984 Motion Requesting Issuance of Order Authorizing Withdrawal of Application.Plant Will Be Used as Part of New Fossil fuel-fired Electric Generating Plant.Certificate of Svc Encl ML20087N2281984-03-0101 March 1984 Endorsement 25 to Nelia Policy NF-249 ML20079F8181984-01-16016 January 1984 Response Opposing Miami Valley Power Project 831231 Proposed Issues & Support for Contentions Re Qa.Issues Not Specific or Litigable.Certificate of Svc Encl ML20083J5321983-12-31031 December 1983 Proposed Issues & Prospective Witnesses Supporting Miami Valley Power Project Proposed Contentions Re Qa,Character & Competence.Certificate of Svc Encl ML20079H6901983-12-14014 December 1983 Petition Per 10CFR2.206 to Defer Judgment or Decision on Proposed Course of Action for Completion of Facility Until Suppl Created for Record of J Keppler 831215 Briefing.W/O Encls ML20082P8501983-12-0606 December 1983 Response Opposing City of Mentor 831115 Memorandum in Support of NRC 831031 Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen Record.Motion W/O Merit.Certificate of Svc Encl.Related Correspondence ML20082M5791983-12-0202 December 1983 Response Opposing Applicant 831115 Answer to NRC 831031 Motion to Defer Ruling on Petition for Reconsideration & Motion for Leave to File Addl Evidence Prior to 831215 Conference of Counsel.Certificate of Svc Encl ML20082L0991983-11-30030 November 1983 Memorandum in Support of City of Mentor Motion to Further Defer Rulings Until Completion of Investigation Into Matl False Statements by NRC & Applicants.Certificate of Svc Encl ML20082D6991983-11-15015 November 1983 Memorandum in Support of NRC Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen & City of Mentor Motion to Further Defer Rulings Until Completion of Investigation.Certificate of Svc Encl ML20081M7951983-11-15015 November 1983 Answer Opposing NRC Motion to Defer Rulings on Miami Valley Power Project (MVPP) 831003 Motion to Reopen Record.Decision Should Not Be Deferred to Await Completion of Investigation. Certificate of Svc Encl ML20085K7841983-10-18018 October 1983 Answer Opposing Miami Valley Power Project 831003 Petition for Reconsideration of ASLB 830915 Memorandum & Order Denying Project Motion to Reopen Record to Admit Eight Late Filed Contentions on Qa.Certificate of Svc Encl ML20078K5621983-10-13013 October 1983 Memorandum in Support of Miami Valley Power Project (MVPP) Petition for Reconsideration of ASLB 830915 Order.Mvpp Urges ASLB to Address Stds for Reopening Record.Issues Should Be Included to Ensure Complete Record.Certificate of Svc Encl ML20078F9641983-10-0606 October 1983 Notification to Commission of Miami Valley Power Project Misrepresentation in 831003 Motion for Reconsideration of ASLB 830915 Order.No Util Counsel Communicated W/Govt Accountability Project.Certificate of Svc Encl ML20078F8891983-10-0606 October 1983 Notice of Jh Laverty Employment W/Conner & Wetterhahn,Pc. Laverty Will Not Participate in Matters Leading to OL Issuance Due to Previous Employment W/Commissioner Roberts. Certificate of Svc Encl ML20078F8751983-10-0606 October 1983 Notice of Jh Laverty Employment W/Conner & Wetterhahn,Pc. Previous Employment W/Commissioner Roberts Eliminates Any Contribution to Zimmer Case ML20080P0771983-10-0303 October 1983 Motion for Extension to File Appeal Until 10 Days After Svc of ASLB Decision on Miami Valley Power Project Petition for Reconsideration.Certificate of Svc Encl ML20080P0141983-10-0303 October 1983 Petition for Reconsideration of ASLB 830915 Order Denying Miami Valley Power Project Motion to Reopen Record for Admission of Eight Proposed Contentions.Addl Info Provided Since Original Decision.Certificate of Svc Encl ML20080P0481983-09-26026 September 1983 Affidavit of T Devine Summarizing 830919 Discussion W/ C Weaver Re Summary of Interview in Torrey Pines Rept. Weaver Seriously Challenges Completeness of Interview Summary ML20080P0291983-09-26026 September 1983 Affidavit of D Jones for Govt Accountability Project Protesting Torrey Pines Rept Chapter on Cases Studies.Ref to Author Interviews Incomplete & Thus Inaccurate.Analysis of Whistleblower Missed Real Problem of Lack of Freedom ML20080P0671983-09-24024 September 1983 Affidavit of R Reiter for Govt Accountability Project Expressing Dissatisfaction of W/Summarized Interview in Torrey Pines Rept ML20080F2451983-09-13013 September 1983 Memorandum Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions. Torrey Pines Mgt Review & NRC Repts Confirm Project Substantially Correct on Qa.Certificate of Svc Encl ML20080E6921983-09-12012 September 1983 Answer Opposing Miami Valley Power Project 830826 Motion for Leave to Submit New Documents & for ASLB Review of Pending Investigations.Motion Unjustified Attempt to Bend Rules on Late Contentions.W/Certificate of Svc ML20080D2791983-08-26026 August 1983 Motion for Leave to Submit New Evidence in Support of 830603 Proposed Contentions & for ASLB Review of Significant Pending Investigations.Certificate of Svc Encl ML20080C7171983-08-25025 August 1983 Answer Opposing Miami Valley Power Project 830811 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830712 Motion to Compel Discovery.Project Had Opportunity to Brief Issue in Original Motion.Certificate of Svc Encl ML20076A6451983-08-15015 August 1983 Notice of Substitution of Counsel for Amicus Curiae Brief & Appearance Before Aslb.Certificate of Svc Encl ML20024E5591983-08-11011 August 1983 Motion for Leave to File Reply Brief to Applicant & NRC 830803 & 01,respectively,answers Opposing Miami Valley Power Project Motion to Compel Discovery.Assertion of Boundary on Discovery Should Be Briefed.Certificate of Svc Encl ML20024E3941983-08-0505 August 1983 Motion for Leave to File Reply Brief & for Clarification of Responsibility to Duplicate Previous Analysis & Evidentiary Submissions.Util Challenge Frivolous,Heavy on Chutzpah & Deficient on Common Sense.Certificate of Svc Encl ML20077L5161983-08-0303 August 1983 Response Opposing Miami Valley Power Project 830707 Reply Brief Supporting Project 830603 Motion to Reopen Record.Aslb Lacks Jurisdiction to Hear Motion to Reopen to Admit Eight late-filed Contentions.Certificate of Svc Encl ML20024D1381983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion for Protective Order to Withhold Identity of Persons Upon Whose Allegations Project Relied in Seeking to Reopen Record.Motion W/O Merit.Certificate of Svc Encl ML20024D1171983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Defer Ruling on Review of ALAB-727 Pending Ruling on Motions to Reopen.No Justification Given to Delay Review for Unrelated Matters ML20024D1261983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Actually Is Untimely Appeal from Earlier ASLB Rulings.Relief Sought Contrary to Commission Orders ML20080A2721983-07-21021 July 1983 Response to Applicant Motion for Leave to Respond to Miami Valley Power Project Reply Brief.Applicant Should Respond Only to Substance of Proposed Contentions Re QA Program Inadequacy.Certificate of Svc Encl ML20076L4691983-07-15015 July 1983 Motion for Leave to Respond by 830729 to Miami Valley Power Project (MVPP) Reply Brief Re Applicant Opposition to Eight QA Contentions.Mvpp Reply Distorts Record & Applicant Position.Certificate of Svc Encl ML20072N4901983-07-12012 July 1983 Motion for Protective Order to Shield Identity of Affiants Providing Portion of Basis for Miami Valley Power Project Eight Proposed Contentions.Certificate of Svc Encl ML20072N4741983-07-12012 July 1983 Motion to Defer Ruling on Whether to Review ALAB-727 Until ASLB & Aslab Rule on Miami Valley Power Project 830603 & 0712 Motions to Reopen Record to Admit Contentions on QA & Character & Competence,Or Alternatively,To Reopen Record ML20072N4631983-07-12012 July 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence.Aslab Has Jurisdiction Even If ASLB Lacks Jurisdiction to Reopen Record ML20072N4501983-07-12012 July 1983 Reply Brief Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence & Motion to Compel Discovery on Contentions ML20072K7331983-07-0101 July 1983 Answer Opposing Miami Valley Power Project 830629 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830603 Motion to Reopen Record.No Purpose Would Be Served by Permitting Redundant Discussion.Certificate of Svc Encl ML20024B0591983-06-29029 June 1983 Motion for Leave to File Reply Brief,By 830706,to NRC & Util 830630 Answers to Miami Valley Power Project 830603 Motion to Reopen Record to Admit Eight Contentions on QA & Util Character & Competence.Certificate of Svc Encl ML20072F4481983-06-22022 June 1983 Memorandum Supporting Miami Valley Power Project 830602 Motion to Reopen Record to Admit Eight Contentions on QA & Lack of Corporate Character & Competence.Reopening Necessary to Foster Public Confidence in Nrc.W/Certificate of Svc ML20024A6621983-06-20020 June 1983 Response Opposing Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Untimely ML20024A6661983-06-20020 June 1983 Response Opposing Motions to File Amicus Curiae Brief in Support of Miami Valley Power Project Motion to Reopen Record for Admission of Eight QA Contentions.Certificate of Svc Encl ML20076J1361983-06-16016 June 1983 Ohio Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions.Contentions Provide Evidence That QA Problems Exist.Certificate of Svc Encl ML20076J1201983-06-16016 June 1983 Petition for Leave to File Amicus Curiae Brief Re Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions on QA & Character & Competence.Requests Extension of Time.Certificate of Svc Encl 1993-08-11
[Table view] Category:PLEADINGS
MONTHYEARML20087H7881984-03-20020 March 1984 Motion Requesting Issuance of Order Authorizing Withdrawal of Application.Plant Will Be Used as Part of New Fossil fuel-fired Electric Generating Plant.Certificate of Svc Encl ML20079F8181984-01-16016 January 1984 Response Opposing Miami Valley Power Project 831231 Proposed Issues & Support for Contentions Re Qa.Issues Not Specific or Litigable.Certificate of Svc Encl ML20079H6901983-12-14014 December 1983 Petition Per 10CFR2.206 to Defer Judgment or Decision on Proposed Course of Action for Completion of Facility Until Suppl Created for Record of J Keppler 831215 Briefing.W/O Encls ML20082P8501983-12-0606 December 1983 Response Opposing City of Mentor 831115 Memorandum in Support of NRC 831031 Motion to Defer Rulings on Miami Valley Power Project Motion to Reopen Record.Motion W/O Merit.Certificate of Svc Encl.Related Correspondence ML20082M5791983-12-0202 December 1983 Response Opposing Applicant 831115 Answer to NRC 831031 Motion to Defer Ruling on Petition for Reconsideration & Motion for Leave to File Addl Evidence Prior to 831215 Conference of Counsel.Certificate of Svc Encl ML20082L0991983-11-30030 November 1983 Memorandum in Support of City of Mentor Motion to Further Defer Rulings Until Completion of Investigation Into Matl False Statements by NRC & Applicants.Certificate of Svc Encl ML20081M7951983-11-15015 November 1983 Answer Opposing NRC Motion to Defer Rulings on Miami Valley Power Project (MVPP) 831003 Motion to Reopen Record.Decision Should Not Be Deferred to Await Completion of Investigation. Certificate of Svc Encl ML20085K7841983-10-18018 October 1983 Answer Opposing Miami Valley Power Project 831003 Petition for Reconsideration of ASLB 830915 Memorandum & Order Denying Project Motion to Reopen Record to Admit Eight Late Filed Contentions on Qa.Certificate of Svc Encl ML20078K5621983-10-13013 October 1983 Memorandum in Support of Miami Valley Power Project (MVPP) Petition for Reconsideration of ASLB 830915 Order.Mvpp Urges ASLB to Address Stds for Reopening Record.Issues Should Be Included to Ensure Complete Record.Certificate of Svc Encl ML20080P0771983-10-0303 October 1983 Motion for Extension to File Appeal Until 10 Days After Svc of ASLB Decision on Miami Valley Power Project Petition for Reconsideration.Certificate of Svc Encl ML20080P0141983-10-0303 October 1983 Petition for Reconsideration of ASLB 830915 Order Denying Miami Valley Power Project Motion to Reopen Record for Admission of Eight Proposed Contentions.Addl Info Provided Since Original Decision.Certificate of Svc Encl ML20080F2451983-09-13013 September 1983 Memorandum Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions. Torrey Pines Mgt Review & NRC Repts Confirm Project Substantially Correct on Qa.Certificate of Svc Encl ML20080E6921983-09-12012 September 1983 Answer Opposing Miami Valley Power Project 830826 Motion for Leave to Submit New Documents & for ASLB Review of Pending Investigations.Motion Unjustified Attempt to Bend Rules on Late Contentions.W/Certificate of Svc ML20080D2791983-08-26026 August 1983 Motion for Leave to Submit New Evidence in Support of 830603 Proposed Contentions & for ASLB Review of Significant Pending Investigations.Certificate of Svc Encl ML20080C7171983-08-25025 August 1983 Answer Opposing Miami Valley Power Project 830811 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830712 Motion to Compel Discovery.Project Had Opportunity to Brief Issue in Original Motion.Certificate of Svc Encl ML20024E5591983-08-11011 August 1983 Motion for Leave to File Reply Brief to Applicant & NRC 830803 & 01,respectively,answers Opposing Miami Valley Power Project Motion to Compel Discovery.Assertion of Boundary on Discovery Should Be Briefed.Certificate of Svc Encl ML20024E3941983-08-0505 August 1983 Motion for Leave to File Reply Brief & for Clarification of Responsibility to Duplicate Previous Analysis & Evidentiary Submissions.Util Challenge Frivolous,Heavy on Chutzpah & Deficient on Common Sense.Certificate of Svc Encl ML20077L5161983-08-0303 August 1983 Response Opposing Miami Valley Power Project 830707 Reply Brief Supporting Project 830603 Motion to Reopen Record.Aslb Lacks Jurisdiction to Hear Motion to Reopen to Admit Eight late-filed Contentions.Certificate of Svc Encl ML20024D1381983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion for Protective Order to Withhold Identity of Persons Upon Whose Allegations Project Relied in Seeking to Reopen Record.Motion W/O Merit.Certificate of Svc Encl ML20024D1261983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Actually Is Untimely Appeal from Earlier ASLB Rulings.Relief Sought Contrary to Commission Orders ML20024D1171983-07-27027 July 1983 Answer Opposing Miami Valley Power Project 830712 Motion to Defer Ruling on Review of ALAB-727 Pending Ruling on Motions to Reopen.No Justification Given to Delay Review for Unrelated Matters ML20080A2721983-07-21021 July 1983 Response to Applicant Motion for Leave to Respond to Miami Valley Power Project Reply Brief.Applicant Should Respond Only to Substance of Proposed Contentions Re QA Program Inadequacy.Certificate of Svc Encl ML20076L4691983-07-15015 July 1983 Motion for Leave to Respond by 830729 to Miami Valley Power Project (MVPP) Reply Brief Re Applicant Opposition to Eight QA Contentions.Mvpp Reply Distorts Record & Applicant Position.Certificate of Svc Encl ML20072N4501983-07-12012 July 1983 Reply Brief Supporting Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence & Motion to Compel Discovery on Contentions ML20072N4631983-07-12012 July 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence.Aslab Has Jurisdiction Even If ASLB Lacks Jurisdiction to Reopen Record ML20072N4741983-07-12012 July 1983 Motion to Defer Ruling on Whether to Review ALAB-727 Until ASLB & Aslab Rule on Miami Valley Power Project 830603 & 0712 Motions to Reopen Record to Admit Contentions on QA & Character & Competence,Or Alternatively,To Reopen Record ML20072N4901983-07-12012 July 1983 Motion for Protective Order to Shield Identity of Affiants Providing Portion of Basis for Miami Valley Power Project Eight Proposed Contentions.Certificate of Svc Encl ML20072K7331983-07-0101 July 1983 Answer Opposing Miami Valley Power Project 830629 Motion for Leave to File Reply Brief to Util & NRC Answers to Project 830603 Motion to Reopen Record.No Purpose Would Be Served by Permitting Redundant Discussion.Certificate of Svc Encl ML20024B0591983-06-29029 June 1983 Motion for Leave to File Reply Brief,By 830706,to NRC & Util 830630 Answers to Miami Valley Power Project 830603 Motion to Reopen Record to Admit Eight Contentions on QA & Util Character & Competence.Certificate of Svc Encl ML20072F4481983-06-22022 June 1983 Memorandum Supporting Miami Valley Power Project 830602 Motion to Reopen Record to Admit Eight Contentions on QA & Lack of Corporate Character & Competence.Reopening Necessary to Foster Public Confidence in Nrc.W/Certificate of Svc ML20024A6661983-06-20020 June 1983 Response Opposing Motions to File Amicus Curiae Brief in Support of Miami Valley Power Project Motion to Reopen Record for Admission of Eight QA Contentions.Certificate of Svc Encl ML20024A6621983-06-20020 June 1983 Response Opposing Miami Valley Power Project 830603 Motion to Reopen Record for Admission of Eight QA Contentions. Motion Untimely ML20076J1201983-06-16016 June 1983 Petition for Leave to File Amicus Curiae Brief Re Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions on QA & Character & Competence.Requests Extension of Time.Certificate of Svc Encl ML20076J1361983-06-16016 June 1983 Ohio Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions.Contentions Provide Evidence That QA Problems Exist.Certificate of Svc Encl ML20024A0801983-06-10010 June 1983 Motion of Appalachia-Science for Extension to File Previously Submitted Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearing on Eight QA Contentions.Certificate of Svc Encl ML20024A0771983-06-10010 June 1983 Motion of Cumberland Chapter of Sierra Club for Extension to File Previously Submitted Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearings on Eight QA Contentions ML20071P8901983-06-0606 June 1983 Brief Supporting Miami Valley Power Project Request to Reopen Licensing Hearing Re Plant Operation.Certificate of Svc Encl ML20071P9121983-06-0606 June 1983 Motion for Leave to File Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record to Admit Eight Contentions on QA & Character & Competence ML20071P8851983-06-0606 June 1983 Request to File Amicus Curiae Brief Supporting Miami Valley Power Project Efforts to Obtain Further Public Hearing ML20071Q0241983-06-0303 June 1983 Amicus Curiae Brief Supporting Miami Valley Power Project Motion to Reopen Record for Admission of Eight Contentions on QA & Util Character & Competence.Hearings Only Comprehensive Way to Address Problems.W/Certificate of Svc ML20023D8641983-06-0303 June 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Character & Competence Or,Alternatively,For ASLB to Exercise Discretion to Consider Whether Stds for 830715 Demonstration of Sua Sponte Authority Met ML20072N4281983-06-0202 June 1983 Motion to Reopen Record for Admission of Eight Contentions on QA & Corporate Character & Competence,Or Alternatively, for ASLB to Consider Whether Stds for 820715 Exercise of Sua Sponte Authority Exists ML20076J2001983-05-31031 May 1983 Cumberland Chapter of Sierra Club Request to File Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearing on Eight QA Contentions ML20076J1641983-05-20020 May 1983 Appalachia-Science in the Public Interest Request to File Amicus Curiae Brief Supporting Miami Valley Power Project Attempt to Obtain Hearing on Eight QA Contentions ML20076J2091983-05-20020 May 1983 Cumberland Chapter of Sierra Club Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearing on Eight QA Contentions.Util Cannot Be Trusted to Correct Deficiencies.Certificate of Svc Encl ML20076J1691983-05-17017 May 1983 Appalachia-Science in the Public Interest Amicus Curiae Brief Supporting Miami Valley Power Project Renewed Attempt to Obtain Hearings on Eight QA Contentions.Certificate of Svc Encl ML20070M1601983-01-0707 January 1983 Answer in Opposition to Miami Valley Power Project 821223 Memorandum & Motion for Notification of Future Communications & Prohibition of Further Improper Ex Parte Contacts.Nrc Correspondence & Certificate of Svc Encl ML20079J1781982-12-23023 December 1982 Supplemental Memorandum in Support of Miami Valley Power Project 820820 Petition for Reconsideration of Commission 820730 Order & Motion for Notification of All Future third- Party Communications.Certificate of Svc Encl ML20070F1091982-12-16016 December 1982 Answer Opposing Miami Valley Power Project 821130 Petition to Establish Detailed Structure for Public Participation Through Audit.Intervenor Fails to Demonstrate Process Necessary to Carry Out NRC Goals.Certificate of Svc Encl ML20070C5211982-12-10010 December 1982 Memorandum Supporting Zimmer Area Citizens-Zimmer Area Citizens of Ky & City of Mentor,Ky 821119 Petition for Appointment of Consulting Firm to Review & Monitor third- Party Audit.Certificate of Svc Encl 1984-03-20
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI N;
( gg i g
\m Before the Atomic Safety and Licensing Board,
\ s. zi.g & ser, In the Matter of The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )
)
(Wm. H. Zimmer Nuclear Power )
Station) )
APPLICANTS' ANSWER TO MOTION BY MIAMI VALLEY POWER PROJECT FOR LEAVE TO FILE A REPLY BRIEF Preliminary Statement On June 3, 1983, intervenor Miami Valley Power Project
("MVPP") filed a motion to reopen the record in the cap-tioned proceeding for eight late contentions on quality assurance practices at the Wm. H. Zimmer Nuclear Power Station ("Zimmer"). The Cincinnati Gas & Electric Company, et al. (" Applicants") filed an answer opposing admission of l the proposed contentions on June 20, 1983. The Staff of the Nuclear Regulatory Commission ("NRC") similarly opposed the reopening and late contentions. On June 29, 1983, MVPP filed a motion seeking leave to submit a, reply brief to the Applicants' and Staff's answers.
As the presiding Atomic Safety and Licensing Board
(" Licensing Board" or " Board") is fully aware, voluminous legal pleadings have already been filed by the parties at all levels of the Commission fully setting forth their 8307060396 830701 PDR ADOCK 05000358 o ""
TJ503
i
! position on the legal issues. No purpose would be served by permitting further, redundant discussion of these matters, j Moreover, the Board should not authorize the receipt or consideration of additional affidavits which MVPP elected not to submit with its motion to reopen. In attempting to proffer these inexcusably late documents, MVPP seeks not only to deny Applicants ' due process, but also to make a travesty of the Commission's rules requiring timely sub-4 missions. In sum, this most recent in a series of transpar-f l ent attempts by MVPP to drag out this matter indefinitely for the sake of delay should be summarily rejected.
Argument While MVPP has characterized the Applicants' and Staff's legal arguments under the regulations and Com-mission's precedents on reopening and the admission of late contentions as mere " technicalities,"1/ the Commission's
.l rules and procedures are designed to afford all parties due l
process of law. For this reason, the Commission's boards are required to observe and enforce the requirements and standards under 10 C.F.R. Part 2, including the criteria for reopening and for accepting late contentions. Applicants do not regard the important due process safeguards afforded by these rules as any mere " technicalities."
t l
i 1/ MVPP's Motion for Leave to File a Reply Brief at 1.
l l
Each of the arguments made by MVPP in support of its request to file yet additional legal argument in the form of a reply brief is entirely without merit. As MVPP itself conceded, its most recent motion to reopen is basically a
(
repetition of the earlier motion previously denied by the Licensing Board a year ago.2/ Similarly, the basic author-ities upon which Applicants relied in arguing that the criteria for late contentions and reopening had not been met were drawn from their earlier opposition to the same con-tentions. The Board is fully conversant with these au-thorities and does not need additional briefing on the law.3_/ MVPP should not be granted leave to expand its arguments beyond the 64 page brief it initially filed.
Reply briefs are not favored under the Commission's rules which expressly require a party to seek leave before a reply brief may be filed.O Unauthorized reply briefs are generally stricken or not considered.E These rules 2_/ This point was previously discussed in Applicants' Answer to MVPP's Motion to Reopen the Record at 2 (filed June 20, 1983).
3/
~
Obviously, any party can claim that an opposing party has " misstated" the law. However, it is arrogant in the extreme for MVPP to claim that "[n]either applicant nor NRC staff has specifically contested the merits of the motion." MVPP's Motion for Leave to File a Reply Brief at 1.
4/ 10 C.F.R. 52.730 (c) .
5_/ Consumers Power Company (Big Rock Point Nuclear Plant),
(Footnote Continued)
Commission's demonstrate the intent that a reply brief should be permitted only upon a showing of very good cause.
No such justification has been offered here, nor would additional briefing appreciably enhance the Board's under-standing of the issues.
A potentially more serious matter is raised by MVPP's proffer of additional affidavits. Such documents are clearly not in the nature of a " reply brief" and a reply brief does not properly raise what purports to be new matters. For several sound reasons, Applicants urge the Board to be adamant in limiting the record before it to those documents which were submitted with MVPP's motion to reopen filed on June 3, 1983.6_/ MVPP asserts that four unidentified witnesses whose qualifications and involvement in quality assurance at Zimmer are entirely unstated, have agreed to provide affidavits on the basis of the NRC Staff's change in legal position on reopening the proceeding. The idea that new witnesses who have withheld important (Footnote Continued)
ALAB-636, 13 NRC 312, 322 (1981); Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1),
LBP-81-18, 14 NRC 71, 72-73 (1981); Houston Lighting &
Power Company (Allens Creek Nuclear Generating Station, Unit 1), Docket No. 50-466, " Memorandum and Order" (July 19, 1982); Allens Creek, supra, " Memorandum and Order" (June 2, 1982) (slip op. at 6-7).
6/ Applicant has contended, of course, that many of the documents submitted by MVPP, while a part of the record, should not be considered as they were not timely submitted.
information to this point have now stepped forward merely because of the position taken in a legal pleading from the Office of the Executive Legal Director is tenuous at best.
Similarly, the assertion that MVPP voluntarily withheld eight other affidavits in its possession on June 3, 1983 "in deference to any staff objections that introduction of the affidavits would interfere with ongoing investigations"U is self-serving and without merit. It is simply not credible that MVPP would have withheld affidavits which " represent the principal basis for major portions of [its] proposed contentions"8_/ in order to defer to the Staff, which it has periodically castigated as biased and unable to carry out its assigned functions at Zimmer. Quite clearly, MVPP had the information in its possession at the time of its June 3, i
1983 filing necessary for the submission of the affidavits in question. MVPP must be bound by the considered decision of its counsel that, as a tactical matter, the affidavits should be withheld and possibly submitted later. In sum, absolutely no valid reason is given as to why these affida-vits could not have been submitted earlier.
If MVPP believes it has important information, it can furnish it to the Staff informally or pursue relief under 10 C.F.R. S2.206. Significantly, the Commission referred 7/ MVPP's Motion for Leave to File a Reply Brief at 2.
l 8/ Id.
1
MVPP's most recent submission to it to the Director, Office of Inspection and Enforcement, to be treated as a request under Section 2.206.1/
To allow in even more late evidence or pleadings at this juncture would make a mockery of the Commission's regulations and its policy that licensing issues be timely concluded. As the Board aptly stated in initially denying these proposed contentions: " Litigation must come to an end."
Conclusion For the reasons discussed more fully above, the motion by MVPP for leave to file a reply brief should be denied.
Respectfully submitted, CONNER & WETTERHAHN, P.C.
O Mark J. Wetterhahn Robert M. Rader Counsel for the Applicants July 1, 1983
-9/ A copy of the letter from the Director to MVPP's counsel, dated June 27, 1983, reporting this action is attached.
~
10/ Cincinnati Gas & Electric Company (Zimmer Nuclear Power Station, Unit 1), LBP-82-54, 16 NRC 210, 214 (1982).
-- __. _ _ _ - . . -- . _ _ . . _ . = - . --. -. . .. _ -- .
l l
l Charles A. Barth, Esq. David K. Martin, Esq.
Counsel for the NRC Staff Assistant Attorney General Office of the Executive Acting Director i Legal Director Division of :
U.S. Moclear Regulatory Environmental Law l
] Office of Attorney General
- Commission Washington, D.C. 20555 209 St. Clair Street Frankfort, Kentucky 40601 Deborah Faber Webb, Esq.
7967 Alexandria Pike George E. Pattison, Esq.
Alexandria, Kentucky 41001 Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq. 462 Main Street Attorney at Law Batavia, Ohio 45103 200 Main Street Batavia, Ohio 45103 William J. Moran, Esq.
Vice President and Lynne Bernabei, Esq. General Counsel Government Accountability The Cincinnati Gas &
Project /IPS Electric Company 1901 Q Street, N.W. P.O. Box 960 Washington, D.C. 20009 Cincinnati, Ohio 45201 John D. Woliver, Esq. Docketing and Service Clermont County Branch Office of the Community Council Secretary U.S. Nuclear Box 181 Regulatory Batavia, Ohio 45103 Commission Washington, D.C. 20555 Brian Cassidy, Esq.
Regional Counsel Stephen H. Lewis, Esq.
Federal Emergency U.S. Nuclear Regulatory Management Agency Commission Region I Region III John W. McCormick POCH 799 Roosevelt Road Boston, MA 02109 Glen Ellyn, Illinois 60137 Mark J. Wetterhahn 0 cc: Robert F. Warnick
- Director, Enforcement and Investigation NRC Region III
, 799 Roosevelt Road '
Glen Ellyn, Illinois 60137
I l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )
)
(Wm. H. Zimmer Nuclear Power )
Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Answer to Motion By Miami Valley Power Project For Leave To File A Reply Brief" dated July 1, 1983, in the captioned matter, have been served upon the following by deposit in the United States mail this 1st day of July, 1983:
Alan S. Rosenthal, Chairman Dr. Frank F. Hooper Atomic Safety and Licensing Chairman of Resource Appeal Board Ecology Program U.S. Nuclear Regulatory School of Natural Commission Resources Washington, D.C. 20555 University of Michigan Ann Arbor, MI 48104 Stephen F. Eilperin Atomic Safety and Dr. M. Stanley Livingston Licensing Appeal Board Administrative Judge U.S. Nuclear Regulatory 1005 Calle Largo Commission Sante Fe, NM 87501 Washington, D.C. 20555 Chairman, Atomic Safety Howard A. Wilber and Licensing Appeal Atomic Safety and Board Panel Licensing Appeal Board U.S. Nuclear Begulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety
- Judge John H. Frye, III and Licensing Board Chairman, Atomic Safety and Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555
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Charles A. Barth, Esq. David K. Martin, Esq.
Counsel for the NRC Staff Assistant Attorney General Office of the Executive Acting Director Legal Director Division of U.S. Nuclear Regulatory Environmental Law Commission Office of Attorney General Washington, D.C. 20555 209 St. Clair Street Frankfort, Kentucky 40601 Deborah Faber Webb, Esq.
7967 Alexandria Pike George E. Pattison, Esq.
Alexandria, Kentucky 41001 Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq. 462 Main Street Attorney at Law Batavia, Ohio 45103 200 Main Street Batavia, Ohio 45103 William J. Moran, Esq.
Vice President and Lynne Bernabei, Esq. General Counsel Government Accountability The Cincinnati Gas &
Project /IPS Electric Company 1901 Q Street, N.W. P.O. Box 960 Washington, D.C. 20009 Cincinnati, Ohio 45201 John D. Woliver, Esq. Docketing and Service Clermont County Branch Office of the Community Council Secretary U.S. Nuclear Box 181 Regulatory Batavia, Ohio 45103 Commission Washington, D.C. 20555 Brian Cassidy, Esq.
Regional Counsel Stephen H. Lewis, Esq.
Federal Emergency U.S. Nuclear Regulatory Management Agency Commission Region I Region III John W. McCormick POCH 799 Roosevelt Road Boston, MA 02109 Glen Ellyn, Illinois 60137 Mark J. Wetterhahn 0 cc: Robert F. Warnick Director, Enforcement and Investigation NRC Region III 799 Roosevelt Road '
Glen Ellyn, Illinois 60137
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