ML20080C717

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

ML20080C717
Person / Time
Site:	Zimmer
Issue date:	08/25/1983
From:	Conner T CINCINNATI GAS & ELECTRIC CO., CONNER & WETTERHAHN
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8308290190
Download: ML20080C717 (4)

Text

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• s.

00CKETED U SNP.C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF SELREIA"..'

Before the Atomic Safety and LicensinOCEE N C I

In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H. Zimmer Nuclear Power )

Station) ) ,

l l

APPLICANTS' ANSWER TO " MIAMI VALLEY POWER PROJECT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF TO APPLICANTS' AND STAFFS' ANSWERS TO MOTION TO COMPEL DISCOVERY" On August 11, 1983, intervenor Miami Valley Power Project ("MVPP") sought leave to submit a reply brief with regard to its motion seeking to pursue discovery on its proposed contentions. The motion for discovery was filed by MVPP on July 12, 1983, at page 33 as part of its overall reply brief in support of its motion to reopen the record.

MVPP now requests "the opportunity to fully brief the issue"l_/ as if no such opportunity previously existed. No plausible excuse is given by MVPP for failing to present legal argument initially in support of its position. The legal analysis of this issue is certainly not so extensive or complicated that it could not have been completely l_/ MVPP 's Motion - for Leave to File a Reply Brief (August 11, 1983).

8300290190 830825 PDR ADOCK 05000358 PDR g

covered at that time. The request to file a reply should be summarily denied.

To the extent that MVPP engages in a discussion of the merits of the motion itself, its assertion that the opposition by the NRC Staff and Applicants is "without authority" is simply incorrect. As discussed in the authorities cited by Applicants, a party is not entitled to discovery for the purpose of formulating valid contentions.

Thus, discovery is impermissible at this point because there is nothing to litigate before contentions have been admitted. This decision has yet to be reached.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

b. km , , //*k Troy B Conner, Jr.

Counsel for the Applicants August 25, 1983 2_/ See Applicants' Response to Reply Brief by MVPP in Support of Motion to Reopen the Record and Applicants' Answer to Motion to Permit Discovery at 9 n.22 (August 3, 1983).

1

m UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H. Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE 1 hereby certify hhat copies of " Applicants' Answer to Miami Valley Power Project's Motion for Leave to File a Reply Brief to Applicants' and Staffs' Answers to Motion to Compel Discovery," dated August 25, 1983, in the captioned matter, have been served upon the following by deposit in the United States mail this 25th day of August, 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 l Atomic Safety and Board Panel

~ Licensing Appeal Board U.S.' Nuclear Regulatory U.S. Nuclear ~ Regulatory Commission.

Commission _

Washington,.D.C. 20555 ,

Washington, D.C. 20555 I l Chairman, Atomic Safety j Judge John H. Frye, III and Licensing Board i Chairman, Atomic Safety and Panel Licensing Board U.S. Nuclear Regulatory U.S.- Nuclear Regulatory. Commission i Commission Washington, D.C. 20555

c. Washington,'D.C. 20555 I

m ..

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. s x 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 l

hs _

Robert M. R& der s

cc: Robert F. Warnick Director, Enforcement and Investigation l NRC Region III l 799 Roosevelt Road Glen Ellyn, Illinois 60137 i