ML20077J466

Motion to Compel Joint Intervenor Response to Applicant 830630 Interrogatories & Request for Production of Documents.Certificate of Svc Encl

ML20077J466
Person / Time
Site:	Harris
Issue date:	08/11/1983
From:	Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8308160431
Download: ML20077J466 (7)

Text

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August 11, 1983 UNITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USilRC BEFORE THE ATOMIC SAFETY AND LICENhhNMlh0hkDA11:12 0FFICE OF SECRETAR '

In the Matter of ) 00CKETi4G & SEPVU:

) SRANCH CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

APPLICANTS' MOTION TO COMPEL DISCOVERY OF JOINT INTERVENORS Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency, pursuant to 10 C.F.R. 52.740 (f) ,

move the Atomic Safety and Licensing Board to issue an order compelling a response to " Applicants' Interrogatories and Request for Production of Documents to Joint Intervenors (Third Set) ,"

dated June 30, 1983. As grounds for the motion, Applicants state that answers to the subject interrogatories were due on 1/

July 19, 1983;- a response to the document production request was 2/

due on July 29, 1983;- no response has been filed to date by Joint Intervenors (i.e., CHANGE /ELP, CCNC,. Kudzu Alliance and Wells Eddleman).

The subject discovery requests go to Joint Contention II, on the health effects of radiological releases during normal operation of the-Harris plant, which properly is categorized as an en-vironmental contention. The subject discovery requests by Applicants 1/ 10 C.F.R. 52.740b(b).

-2 /-

Atomic Safety and Licensing Board Memorandum and Order (Reflecting Decisions Made Following Second Prehearing Conference), at 6 (March 10, 1983) l 8308160431 830011 DR ADOCK 05000400 g@b

were timely filed pursuant to the schedule established by the Board (and agreed to by the parties) for the adjudication of admitted en-vironmental contentions. Memorandum and Order..., at 6 '

l (March 10, 1983).

In the absence of any communication from a representative of 1

Joint Intervenors with respect to these discovery requests, on July 25, 1983 the undersigned wrote to Mr. Payne, who has represented the Joint Intervenors on Contention II, inquiring about the status of the responses, and emphasizing "...the importance of an early response because of the September 1, 1983 deadline for any motion for summary disposition which we may wish to file on this contention."

Following one unsuccessful attempt to discuss the matter with 4

me by phone, Mr. Payne wrote on August 5, 1983, stating that Mr.

Eddleman has the information sought, that only Mr. Eddleman can re-trieve the information from his files, and that because of other work in this proceeding, Mr. Eddleman will not be able to get to our discovery request until sometime in September. Mr. Payne comments that Applicants' concern with the schedule for filing a summary disposition motion on Joint Contention II is of no moment because Joint Intervenors are willing to agree to extend the schedule.

Applicants diligently are attempting to cooperate with the intervenors on discovery matters and to avoid bringing discovery l disputes to the Board for resolution.3/ We have reached the point, l

I however, at which the orderly progress of the proceeding is at issue.

3/ For example, Applicants' first set of discovery requests on Joint Contention II were filed on March 9, 1983. Applicants agreed to repeated requests for extensions of time, and the responses were filed on May 16, 1983.

The interrogatories filed by Applicants on June 30 are straight-forward and merely seek, in most instances, more precise citation to the health effects literature on which Joint Intervenors rely e and which they cited inartfully in their first discovery response.

These answers are essential to the preparation of affidavits in support of a motion for summary disposition, since Applicants' experts must be able to focus with some degree of precision on the purported support for Joint Intervenors' contentions.

It is at best facetious to argue that Applicants are not pre-judiced by this inexcusable delay in responding to discovery because Joint Intervenors are willing to delay the schedule for summary dis-position. Applicants have a clear and compelling interest in the maintenance of the schedule established in the Board's Memorandum and Order of March 10, 1983. A delay in the schedule for filing summary disposition motions on environmental contentions likely would lead to a cascading delay in subsequent events necessary to commence the hearing. Similarly, if the environmental hearing is delayed, inter-venors no doubt will loudly complain that overlapping demands suggest delays in the management / safety and emergency planning hearings. In short, Applicants are not interested in, and in fact are seriously harmed by, a delay in the summary disposition schedule.

-4/ Mr. Eddleman's self-created demands in this proceeding are no excuse. Further, it appears from Mr. Payne's August 5 letter that the Joint Intervenors have not even initiated an effort to respond to the subject discovery requests.

l l

I .~ ,

For all of the foregoing reasons, Applicants request that the Board issue an order directing Joint Intervenors to deliver responses to the subject interrogatories to Applicants' counsel Mrs. Flynn or' Mr. Carrow at Carolina Power & Light offices in Raleigh no later than Friday, August 19, 1983.

Respectfully submitted, Thomas A. Baxter, P.C.

SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 t Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P. O. Box 1551 Raleigh, North Carolina 26602 (919) 836-7707 Dated: August 11, 1983 i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Fower )

Plant, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion To Compel Discovery Of Joint Intervenors" were served this lith day of August, 1983 by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.

Thomas A. Baxter

{

f UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of North Carolina U.S. Nuclear Regulatory Commission 307 Granville Road Washington, D.C. 20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Commission Post Office Box 12643 Washington, D.C. 20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Commission Apex, Nort> Carolina 27502 Washington, D.C. 20555 Charles A. Barth, Esquire (4) Mr. Wells Eddleman Myron Karman, Esquire 718-A Iredell Street Durham, North Carolina 27705 Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard E. Jones, Esquire Vice President and Senior Counsel Docketing and Service Section (3) Carolina Power & Light Company Office of the Secretary Post Office Box 1551 U.S. Nuclear Regulatory Commission Raleigh, North Carolina 27602 Washington, D.C. 20555 Dr. Phyllis Lotchin Mr. Daniel F. Read, President 108 Bridle Run Chapel Hill Anti-Nuclear Group Effort Chapel Hill, North Carolina 27514 Post Office Box 524 Chapel Hill, North Carolina 27514 Dr. Ianda Little Governor's Waste Managenent Board 513 Albemarle Building 325 North Salisbury Street Raleigh, North Carolina 27611

Service List Page Two f

Bradley W. Jones, Esquire U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Karen E. Long, Esquire Public Staff - NCUC Post Of fice Box 991 Raleigh, North Carolina 27602