ML20077D069

Answer to Applicant Response to Motion for Extension of Time Re Second Round Interrogatories on Environ Contentions

ML20077D069
Person / Time
Site:	Harris
Issue date:	07/20/1983
From:	Eddleman W EDDLEMAN, W.
To:
References
82-468-OL, ISSUANCES-OL, NUDOCS 8307260341
Download: ML20077D069 (2)

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UNITED STATES OF AMERICA 8 '

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BEFORE THE ATOMIC SAFETY AND LICENSING BOA  %%r4s l Glenn Dr. O. Bri James H.ght cd ,'

Carpenter s -

James L. Kelley, Chairman In the Matter of

) Dockets 50 400 OL

' CAROLINA POWER AND LIGHT CO. et al. ) 50-401 OL (Shearon Harris Nuclear Power Plant, )

Units 1 ani 2) ) ASLBP No. 8P-h68-01

) OL Wells Eddlenan's Answer to Annlicants' Resnonse (qua " Answer") to Motion for Extension of Time re second Round Interrogatories On Environnental Contentions

1. Re being "prenature"': As I understand it, a motion for

. extension of time nust be filed before the time otherwise granted for action runs out. So I filed this motion before June 30, 1983, the last date for filing interrogatories on environnental contentions,1 r 2. Apolicants' discussion of dates of filings annears accurate l

l as far as it goes, but omits three other notices (a.L1 nostcards ner i

Judge Kelley's anproval for this type of notice, with conies to t

Apolicants and Staff and 3x to NRC docketing and service) of l

negotiations and much other negotiation with Apolicants which I have carried on. For exannle, I negotiated with Hill Carrow (another attorney for Annlicants) for about two hours (all the time l

he had) in late May re responses. That had been the first time he l

I 1 Attorney Baxter falls to note (" Answer" at 2) that the July 2 l

interrogatories were filed under an extension of time. Annlicants' l attorney Flynn told me she had to talk to him before OK'ing it and that he had anuroved it. It is also noted on the filing. I nresume he is i aware of it for these reasons.

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and I could get together to negotiete. We also had a number of phone calls to set negothting times. We agreed to negotiate again at the first mutually feasible date, June 13 At that time, Carrow agreed to sunplement some responses and get back to ne re others.

These were only sent to ne June 30, though it was clear Carrow and I had agreed that we were not done negotiating until I reviewed those resnonses. We discussed then on July 7 (again the first mutually feasible date) and I found that some followun questions would be useful though the deadline for filing sane had passed. Annlicants' nroducbion or documents has often been very late, e.g. re Eddleman 80.2 3 As to diligence in pursuing discovery: I filed the first discovery in this proceeding. I filed n; last first-round questions to Apolicants on Anril 22. I think the record of ny filings and resnonses shows diligence. Further, Nuc rules, while requiring all narties to exercise their responsibilities in the hearing process, also require that the actual circumstances of a party be taken into account. I am only one nerson where Anolicants have many attorneys and other personnel. I am attenuting to deal with other issues in the proceeding also, in a tinely fashion.

I am also negotiating with Apnlicants when their attorneys are available and I am. I subnit this is reasonable diligence for one nevson.

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Applicants' 9-iten list (page 5 of" Answer") is exactly what 1 seek to avoi d by nakinst this notion. Contrary to Annlicants' implication (pp5-6), there have been no answers to nost of the matters we have been negotiating, only objections. Where answers are incomplete or omitted, I think I an entitled to an answer without losing a round of discovery on those natters. Without an answer, it is hard or impossible to ask follow-up questions, usually innossible.

I hope the above facts and comments will assist the Board in coming to a decision on my motion of June 26. ,,

flf,,he[sd},S&w 2The " hundreds of documents" were at Wells Eddlenan neither place Anplicants said they were, and were not assembled until June. The 29/37B docunents still appf t groduced, {

the I understand , hey will be available July 22 in ca leigh, dr them.