ML20117G316

Motion to Bar Appearance as Witness & to Exclude Any & All Testimony by G Carroll.* Moves to Bar Testimony Due to Failure to Comply W/Board Direction That Testimony Be Submitted in Written Form by 960503

ML20117G316
Person / Time
Site:	Neely Research Reactor
Issue date:	05/15/1996
From:	Evans A GEORGIA, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20117G318	List: ML20117G316 ML20117G333
References
CON-#296-17633 95-710-01-REN, 95-710-1-REN, REN, NUDOCS 9605210116
Download: ML20117G316 (2)

Text

17W

~

DOCKETED UNITED STATES OF AMERICA USNRC l

NUCLEAR REGULATORY CONMISSION

! ATOMIC SAFETY AND LICENSING BOARD 95 MAY 17 P3 :52 l

l Before Administrative Judges:

OFFIC_ U b,_._..,.,-,,

2 omi Charles Bechho2fer, Chairman DOCCT 1 ir

• l Dr. Jerry R. Kline l Dr. Peter S. Lam i

l .

! )  !

In the Matter of: )

)

' GEORGIA INSTITUTE )

OF TECHNOLOGY. ) Docket No. 50-160-Ren  !

) l Atlanta, Georgia ) ASLBP NO. 95-710-01-Ren

) I Georgia Tech Research )

Reactor )

)

Renewal of License No. R-97 )

)

MOTION TO BAR' APPEARANCE j AS WITNESS AND TO EXCLUDE ANY j AND ALL TESTIMONY BY GLENN CARROLL l l

l COMES NOW the license renewal applicant, THE GEORGIA INSTITUTE OF TECHNOLOGY, and respectfully moves this Honorable Board to bar the appearance of GLENN CARROLL as a witness in this proceeding and to exclude any and all testimony proffered by her because of her gross, if not contemptuous, failure to i comply with this Board's direction that her testimony be submitted to the Board as well as served upon all other parties to the proceeding in writtenform by May 3, 1996 (or May 7, 1996 if l

filed by express mail), in accordance with 10 C.F.R. S 2.743 (b) (1) and the Board's March 13, 1996 " Memorandum and

. Order (Telephone Conference Call, 2/29/96; Hearing Schedules),"

p. 3.

9605210116 960515 PDR ADOCK 05000160 C PDR

- l

! l l =

For the reasons more fully set forth in the attached memorandum in support of the instant motion, - Ms. Carroll's l complete failure of compliance with.the Board's prefiling requirement'as to her written testimony is-not a mere technical or inconsequential defect, and to allow her to' appear as a l witness and present either oral testimony or to introduce extraneous discovery documents (which neither in law.nor in l

! fact constitute " testimony") in lieu of the written testimony this Honorable Board directed her to file, would go to the integrity and fundamental fairness of the entire proceeding.

Respectfully submitted, l

MICHAEL J. BOWERS 071650 Attorney General l

i JEFF L. MILSTEEN 509820 Deputy Attorney General l

l DENNIS R. DUNN 234098

! Senior Assistant Attorney General S

h 4 l .IlL)~

W c%

ALFRED /L. 5 VANS, JR.

w C 25i400 Senioi Assistant Attorney General

. 1 l PLEASE ADDRESS.ALL '

COMMUNICATIONS TO:

ALFRED L. EVANS, JR.

40 Capitol Square Room 232 Atlanta, Georgia 30334-1300 ,

Telephone: (404) 656-3389

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