ML20079L440
| ML20079L440 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/24/1984 |
| From: | Churchill B METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 83-491-04-OLA, 83-491-4-OLA, ISSUANCES-OLA, NUDOCS 8401260124 | |
| Download: ML20079L440 (5) | |
Text
r Jar.uary 24,019:Ik0 USNRC UNITED STATES OF AMERICA g JAN 25 A10:23 NUCLEAR REGULATORY COMMISSION CFF~ ~
b N.,;,
Before the Atomic Safety and LicensiSff f
onmy In the Matter of
)
)
) Docket No. 50-289-OLA
- - ~ ~
) ' ASLBP 83-491-04-OLA (Three Mile Island-Nuclear
) (Steam Generator Repair)
Station, Unit No. 1)
)
LICENSEE'S MOTION FOR LEAVE TO FILE LICENSEE'S THIRD SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO INTERVENOR TMIA OUT OF TIME
-Licensee promptly~ served Intervenor TliIA with the first set of interrogatories and request for. production of documents on December 15, 1983, in order to fulfill the mandate of the Licensing Board's Memorandum and Order of November 29, 1983, which required that discovery requests be expeditiously initiated such that responses to initial and supplemental discovery requests could be received on a schedule to enable. completion of discovery by. January 31,-1984.
TMIA filed its response to Licensee's first discovery request on January 4, 1983.
However, as many of TMIA's responses were inadequate, Licensee filed a motion to compel discovery on Licensee's first set of
. interrogatories and request for production of documents on January 9, 1984.
Licensee then served TMIA with the second set 8401260124 840124 PDR ADOCK 05000289 e
PDR QD O
i of interrogatories and request for documents on January 12, 1984.
.TMIA subsequently f led its responses to the N.R.C. Staff's i
first set of. interrogatories and its supplemental responses to Licensee's first set of interrogatories on January 20, 1984, and January 23, 1984, respectively, therein providing new information that was available to and should have been provided in its response to Licensee's first set of interrogatories and request for documents, before Licensee served its supplemental set of interrogatories.
Accordingly, for the reasons set forth below, Licensee hereby moves the Atomic Safety and Licensing Board to grant Licensee leave to file out of time Licensee's Third Set of Interrogatories and. Request for Production of Documents to Intervenor TMIA.
In its response to the Staff's Interrogatories 20 and 24,
- and its supplemental response to Licensee's Interrogatories 1.d-24, 25, and 29, TMIA has acknowledged for the first time information received from Dr. George C. Sih, Director, Institute of Fracture and Solid Mechanics, Lehigh University.
TMIA based its answers upon conversations between TMIA representatvies and Dr. Sih which took place in September of 1983, long before TMIA
(
responded to Licensee's first discovery request.
Thus, TMIA could and-should have included this information in its answers to Licensee's Interrogatories 1.d-10, 1.d-12, l.d-13, l.d-14 (relating to axial symmetric stress analysis) and Interrogatories 1.d-2 4 (c), l.d-25, and 1.d-29 (relating to crack size).
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Because of TMIA's failure to fully-respond to Licensee's firstLset of-interrogatories, Licensee has until now been denied any opportunity 'to question TMIA or Dr. Sih about those conversations upon which TMIA bases its responses to Licensee's discovery requests.
Licensee should not be denied
-its right of full discovery because TMIA.omitted relevant
.information in its response'to Licensee's initial discovery request.
For the aforesaid reasons, Licensee respectfully requests-that the Board grant Licensee's motion for leave to file the accompanying third set of interrogatories and request for documents to TMIA out of time.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE b% U hdd /we BY:
George F.
Trowbridge, P.C.
Bruce W.
Churchill, P.C.
Diane E. Burkley Wilbert Washington II Counsel for Licensee 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 4
. Dated:
January 24, 1984
2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY, ET AL.') Docket No. 50-289-OLA
) ASLBP 83-491-OLA (Three Mile Island Nuclear
) (Steam Generator Repair)
Station, Unit _No.
1)
)
' CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Motion for Leave to File Licensee's Third Set of Interrogatories and Request for Production _of Documents to Intervenor TMIA Out
.of Time" were served.this 24th day of January, 1984, by deposit in the U.S. mail, first class, postage prepaid to those on.the attached Service List.
hJAiust U bwdbV./ua Bruce W.
Churchill, P.C.
Dated:
January 24, 1984 W
4
a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the' Atomic Safety and Licensing Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY, ET AL. ) Docket No. 50-289-OLA
) ASLBP 83-491-04-OLA (Three Mile Island Nuclear
) (Steam Generator Repair)
Station, Unit No. 1)
)
SERVICE LIST
.Sheldon J. Wolfe Atomic Safety and Licensing Administrative Judge Board Panel Chairman, Atomic Safety and U.S. Nuclear Regulatory Commission -
Licensing Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission' Docketing and Service Section (3)
Washington, D.C.
20555 Officelaf the Secretary U.S. Nuclear Regulatory Commission Dr. David L. Hetrick Gashington, D.C.
20555 Administrative Judge Atomic Safety and Licensing Board Joanne Doroshow, Esq.
Professor of Nuclear Engineering Louise Bradford
-University of Arizona Three Mile Island Alert, Inc.
Tucson, Arizona 85271 315 Peffer Street Harrisburg, Pennsylvania 17102 Dr. James C.
Lamb, III
-Administrative Judge Jane Lee Atomic Safety and Licensing Board 183 Valley Road 313 Woodhaven Road Etters, Pennsylvania 17319 Chapel Hill, North Carolina 26514 Norman Aamodt Richard J.
Rawson, Esq.
R.
D.
5, Box 428 Mary E. Wagner, Esq.
Coatesville, Pennsylvania 19320 Office of Executive Legal Director U.S. Nuclear' Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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