ML20086A880

Response to Util Motion to Compel & Application for Enforcement of Subpoenas.Submission to Discovery Would Cause Immediate Grave & Irreparable Injury to Organizational Viability.Certificate of Svc Encl.Related Correspondence

ML20086A880
Person / Time
Site:	Midland
Issue date:	11/04/1983
From:	Karr J GOVERNMENT ACCOUNTABILITY PROJECT
To:	Atomic Safety and Licensing Board Panel
References
78-389-03-OL, 78-389-3-OL, 80-429-02-SP, 80-429-2-SP, ISSUANCES-OL, ISSUANCES-OM, ISSUANCES-SP, NUDOCS 8311160136
Download: ML20086A880 (3)

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UNI TED STATES OF AMERICA ~ DOCMETED USNRC NUCLEAR REGULATORY COMMI SSION Before the Atomic Safe ty and Licensing Board 13 EV 10 P4:11 0FF!CE OF SEORGA9-90CKEllNG A SERV!U.

BRANCH In the Matter of: ASLBP Nos. 78-389-03 OL 80-429-02 SP CONSUME RS POWER COMPANY Docket Nos. 50-329.0L (Midland Plant, Units 1 and 2) 5~

50-329 OM

) 50-330 OM SEiM0 00V 151993 GAP DEPON EN TS' RESPO NS E TO APPLICANT'S MOTION TO COMP EL AN D APPLICATION FOR ENFORCEMEN T OF SUB POEN A S Louis Clark, Thoma s Devine, Billie Pirner Garde and Lucy Hallberg N

(GAP Deponents), through their counsel, respond as follows to the motion Consumers Power Co. (" Consume rs") to comp el and for enforcement of subpoenas against the GAP depenent s.

The GAP deponents have vigorously pressed the contention that this discovery disput e raise s novel and important questions under the'First Amendment to the Constitut ion of the United States, and they appreciate the consideration given by the Atomic Safety and Licensing Board (" Licensing Board") to that conten-

. tion, and the Board's diligent efforts to resolve the dispute in a manne r acceptable -

to all concerned. However, theGAP deponents co ntinue to believe that the consti-tutional issue s in thi s dispute transcend the matter s reached by 'the protective order previously entered by the Licensing Board; moreover, they are sincerely and firmly convinced that their submission to the discovery sought by Consumers would cause immediate, grave and irreparable injury to the organizational viability of the Governme nt Accountability Project.

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• The GAP deponents have repeatedly as serted that they are not aware of any reason why the discovery sought by Consumers must be expedited; for its part, Consumers has never traversed that as sertion, nor ha s it attempted to ma ke any particularized demonstration of need for expedition. Accordingly, the GAP deponents do not under stand why, simply as a matter of reasonableness, it is necessary for Consumers to schedule dates for d ocumentary production and depositions prior to a ruling by the Atomic Safety and Licensing Appeal (" Appeal Board") on the G A F deponents' pending appeal from the orders of this Board denying their motions to qua sh subpoenas and for reconsideration. However, give n that t he Licensing Board's order of November 3,1983, expressly directs the GAP deponents not to make any additional request for a stay of discovery, and in light of their conviction that their constitutional claims merit further consideration,they:do not oppose: Consumers' present motion insofar as it seek s an order authorizing the Nuclear Regulatory Commission to seek judicial enforcement of the subpoenas. /

Respectfully submitted, n W. Karr

~'A 5 Washington Building ashington, D.C. 20005 Attorney for Deponents

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- With respect to Consumer's request for an award of costs for the October 27, 1983, deposition, the G AP deponents note that they filed an application for a stay of the deposition with the Appeal Board on the pre vious day, and they. reasonably believed that Consumers thus understood that they would not appear for deposition until such time as the Appeal Board ruled on the application. Depone nts' counsel was ret aware of the Appeal Board's denial of the ap;ilication on October 27 until after 10:00 a.m.,

,,,"^,"**,,7,*"*_ which was the time scheduled for appearance of a GAP representative. With respect

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to Consume rs' request for an award of costs in connection with future depositions, Consumers is on notice as of its receipt of this response tFat the GAP deponents will not appear for depositions unless and until ordered to do so by a Court of the United States. .

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CERTIFICATE OF SE RVICE Pursuant to the directive of the Atomic Safety and Licensing Board (which was communicated by telephone to a member of undersigned counsel's office staff at 3:10 p.m. on November 3,1983), I hereby certify that the original and six copies of the foregoing response were forwarded by expre ss mail to the Licensing Board at the Quality Inn,1815 South Saginaw Road, Midland, Michiga n, 48640, and tha t a copy was hand-delive red to Isham, Lincoln and Beale,1120 Connecticut Avenue, N. W. , Washing ton , D.C. , this 4th day of November,1983

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