ML20086U351

Response Opposing Air & Water Pollution Patrol Request for Depositions Re Contention VI-1.No Reason Given Why Depositions Necessary.W/Certificate of Svc

ML20086U351
Person / Time
Site:	Limerick
Issue date:	03/02/1984
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20086U346	List: ML20086U343 ML20086U351
References
NUDOCS 8403070238
Download: ML20086U351 (6)

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00t. METED nW UNITED STATES OF AMERItB4 ER -6 All :12 NUCLEAR REGULATORY COMMISSION BeforetheAtomicSafetyandLicensinNdoa'Md'r!

BRAtlCH In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

APPLICANT'S ANSWER TO REQUEST OF AIR AND WATER POLLUTION PATROL TO TAKE DEPOSITIONS RELATING TO CONTENTION VI-l By letter dated February 11, 1984, but not received by Applicant's counsel until February 21, 1984, Air and Water Pollution Patrol ("AWPP") requested that the Atomic Safety and Licensing Board (" Licensing Board" or " Board") permit it to depose individuals named in Applicant's response to an AWPP discovery request dated December 5, 1983. Alternative-ly, AWPP asked the Board to take the depositions or advise it as to how to proceed with its case.1I Applicant opposes the relief sought by AWPP. !

.1/

The Board has previously admonished parties against communicating with it in a form other than a formal pleading requesting relief. Applicant is treating the letter as a motion to reopen discovery.

-2/ Applicant, Staff counsel and Mr. Romano discussed this matter on March 2, 1984, but were unable to reach any reasonable resolution.

8403070238 840302 PDR ADOCK 05000352 PDR 0

1 .

By its " Memorandum and Order Confirming Rulings Made at Prehearing Conference" (October 28, 1983) (slip op. at 5),

the Board opened formal discovery on Contention VI-1.

Informal discovery had previously been permitted on this matter for an extended tima. The last date for the filing of discovery requests on this contention was set as January 16, 1984. " Order Adjusting Discovery Schedule for Contention VI-1" (December 2, 1983) (slip op. at 2) . During the period that discovery was open on Contention VI-1, Mr.

Romano, AWPP's representative, promulgated eleven sets of discovery requests.

AWPP has waited until almost one month after the close of-discovery and 2 months since the names of the individu-als sought to be deposed were identified to it to file its motion for deposition.3_/ AWPP's letter completely fails to address why it did not take the depositions during the

_ generous period allowed for discovery. Neither does it make any showing of good cause to reopen discovery. The burden is on the proponent of an order seeking such relief. 10 C.F.R. S2.732; gnsolidated Edison Company of New York (Indian Point Station, Units 1, 2 and 3), 5 NRC 13, 14 (1977).

-3/ AWPP must have recognized that, realistically, there was no time for the Board to rule on the requested relief prior to the time that the further specification of Contention VI-l is to be~ filed.

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4' ,"x .f_, ,

a 9 It'is far too late in the proceeding for AWPP to claim it was unaware of the Commission's rules concerning

'. discovery. An intervenor has san obligation to familiarize s himself kith, the Commission's rules. Public Service

. Electric _ and Gas' Companyi (Salem Nuclear Generating Station, 1 ,; -

3

-Uni't':1) ,. ALAB-650, 14 NRC 43, 50 n.7 (1981); Pennsylvania

' Power an,d Light Compar$y (Susquehanna Steam Electric Station,

~

Units 1Jand 2), ALAB-563, 10 NRC 449, 450 n.1 (1979).

AWPP has also[ failed to justify the other relief

^

requhsted.- No' reason is given why the extraordinary step of s -. .

having the Board take depositions is necessary. Absolutely

~

no proffer is made as to the evidence AWPP seeks to adduce s

or t.y it is necessary for " completeness of [the] record" concdrning this matter. A licensing board is under no

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obligation ;to'.. act as an advisor to any party. See CommonWnalth' Edison Company (Zion Station, Units 1 and 2) ,

s 1 ALAB-22 6 , 8 AEC' _3 81, 4 0 6 (1974).

For the foregoing reasons, the requested relief should r -

be denied. .

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, ,g g Respectfully submitted, s, , . % : - f CONNER & WETTERHAHN, .C.

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Mark J. Wetterhahn s, ,

Counsel for the Applicant

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09,hMET[r 0;q UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION  ;; ,

.g,; ,

?Rbtfcf"W f In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response to AWPP's Motion to Compel Discovery," and " Applicant's Answer to Request-of Air and Water Pollution Patrol to Take -

Depositions Relating to Contention VI-1" both dated March 2, 1984, in the captioned matter have been served upon the following by deposit in the United States mail this 2nd day of March, 1984:

• Lawrence Brenner, Esq. (2) Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section

• Dr. Richard F. Cole Office of the Secretary Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555

• Ann P. Hedgdon, Esq.

Counsel for NRC Staff Office

• Dr. Peter A. Morris of the Executive Atomic Safety and Legal Director Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

• Hand Delivery

jf Atomic Safety and Licensing Steven P. Hershey, Esq.

Board-Panel . Community Legal U.S. Nuclear Regulatory Services, Inc.

Commission Law Center West North

-Washington, D.C. 20555 5219 Chestnut Street Philadelphia, PA 19139 Philadelphia Electric Company ATTN: Edward G. Bauer, Jr. Angus Love, Esq.

Vice President & 107 East Main Street General Counsel Norristown, PA 19401 2301 Market Street Philadelphia, PA 19101 Mr. Joseph H. hnite, III 15 Ardmore Avenue

• Mr . Frank R. Romano Ardmore, PA 19003 61 Forest Avenue Ambler, Pennsylvania 19002 Robert J. Sugarman, Esq.

Sugarman & Denworth Suite Mr. Robert L. Anthony 510 North American Building Friends of the Earth of 121 South Broad Street the Delaware Valley Philadelphia, PA 19107 106 Vernon Lane, Box 186 Moylan, Pennsylvania 19065 Director, Pennsylvania Emergency Management Agency Mr. Marvin I. Lewis Basement, Transportation 6504 Bradford Terrace and Safety Building Philadelphia, PA 19149 Harrisburg, PA 17120

.Phyllis.Zitzer, Esq. Martha W. Bush, Esq.

Limerick Ecology Action Kathryn S. Lewis, Esq.

P.O. Box 761 City of Philadelphia 762 Queen Street Municipal Services Bldg.

Pottstown, PA .19464 15th and JFK Blvd.

Philadelphia, PA 19107 Charles W. Elliott, Esq.

Brose and Postwistilo Spence W. Perry, Esq.

1101 Building lith'& Associate' General Counsel Northampton Streets Federal Emergency Easton, PA- 18042- Management Agency 500 C Street, S.W., Rm. 840 Zori G. Forkin, Esq. Washington, DC 20472 Assistant Counsel Commonwealth of Pennsylvania Thomas Gerusky, Director-Governor's: Energy Council Bureau of Radiation 1625 N. Front Street -Protection Harrisburg, PA 17102 Department of Environmental Resources 5th Floor, Fulton Bank Bldg.

Third and Locust Streets

~ Harrisburg, PA 17120

• • ' Federal Express - Saturday Delivery a . - - , . , _,._ .~.

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Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Commission Region:-I 631' Park Avenue

. King of Prussia, PA 19406 James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory Commission

- P.O. Box 47 Sanatoga, PA 19464 Timothy R.S. Campbell Director Department of. Emergency Services 14 East Biddle Street West Chester, PA- 19380 0

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Mark ' Wi!rtt6rhahn L-I w

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