ML20079S370

Motion for Extension of Time to Respond to Summary Disposition on Eddleman Contention 65 Re Concrete Problems Until Second Round of Discovery Completed.Certificate of Negotiations Encl

ML20079S370
Person / Time
Site:	Harris
Issue date:	01/30/1984
From:	Eddleman W EDDLEMAN, W.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20079S359	List: ML20079S355 ML20079S370 ML20079S380 ML20079S395 ML20079S399 ML20079S409
References
82-468-01-OL, 82-468-1-OL, ISSUANCES-OL, NUDOCS 8402030312
Download: ML20079S370 (2)

Text

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I 1;w f ir UNITED STATES OF AMERICA 30 January 1984 NUCIEAR BEGULATORY COMMISSION '84 FE8 -2 P12 :26 LiliLE GF BEFORE THE ATOMIC SAFETY AND LICENSING BOApETj} c EF v: W.c Glenn O. Bright Dr. James H. Carpenter James L. Kelley, Chairman In the Matter of CAROLINA POWER AND LIGHT CO. et al. )

(Shearon Harris Nuclear Power Plant, )

Units 1 and 2) ) ASLBP No. 82-L6F-01

) OL Motion for Extension of Time to Resnond to Summary Disposition on Eddleman 65 until 3econd Round of Discovery is Completed On 1-18-8h, Applicants moved for summary disposition of Eddleman contention 65 re concrete problems. Due to circumstances including much other pressing business, getting the flu, etc, I was not able to draft out and mail my second rcund of discovery on this contention until today. (I note in comrarison that nego-l tintions re as possible nrotective order on Eddleman h1 broke down l

2 December 1963, yet Applicants with their greater resources only got their motion for protective order out on 1-13 84.) I an filing i today a seccud rcund of discovery on Eddleeman 65. So far I have not g been able to see c.ny of the harris concrete repcrts the.mselves.

M' n.

- Until Applicants started doing it, I had not been sware that l 0 l mg they intended to enter notions for summary disnosition urior to

~N the comletion of discovery. I think it basic fairness that I get N to complete discovery before such a motion is ruled cn. If they O

de need te amend their metien efte- such furthe- e1eceverr (m7 ad reund to them) that's OK with me. I therefore ask the Board to defer my response to sum :ary disnosition on Eddleman 65 until 15 days af ter I have in hand answers (including rulings on any meticus to compel

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7 and answers which may be required thereunder) or until 15 days after Applicants file any amended motion for summan disnosition on Eddleman 65 as a result of discovery. I believe that a ruling.

in favor of tnis motion will encourage exueditious responses by Applicants and ninimize fiivolous objectionr. to discovery, thereby moving this question forward while nreserving fairness to me by e.11owing completed discovery before sunnary disrobition.

I also note' that in agreeing that Apolicants shotdd open discovery earlier on contentions like Eddlemen 6$, I never agreed, nor understood I was being asked to agree, to expedite ny own discovery for.the convenience of Applicants, who have vastly greater legal, personnel and financial resources than I do. I believe that the proposal in this motion will not significantly delay this proceeding, as discovery on safety contentions does not end until March 15, 1984 Applicants can certainly make their answers and would likely be able to make any amendments to their notion for summary disposition they feel necessary, within that tino. Since ,

March 15 is earlier than answers would be due on other safety contentions (discovery responses could be filed 19 days later under the agreed schedule I and Applicants are on f or safety discovery), this still expedites ruling on summary disposition on Eddleran 65 somewhat. I believe this solution is fairer to all parties and respectfully connend it to the Boardis consideration.

j 732 9 "

1-30-94 Wells Eddleman j s

CERTIFICATE OF Nm0TIATIONS -

W I hereby certify that, under the Board's order requiring ,

consultation with other parties before a motion to change the Y schedule is made, I have informed attorney Baxter for Applicants of this motion 1-30-84, without reaching agreenent on it.  %

Staff abborney Barth had left for the day (2:50pm): left him a message.