ML20127B491
| ML20127B491 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 06/20/1985 |
| From: | Copeland V COMMONWEALTH EDISON CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#285-536 OL, NUDOCS 8506210491 | |
| Download: ML20127B491 (6) | |
Text
5'p?
- .D mmoematsaugt June 20, 1985 a
t DOCKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGUIATORY COMdISSICN
,85 JllN 21 A10:26 BEFORE THE ATG1IC SAFETY AND LICESING BOARD GFFICE OF SECm.rAr 00CXEimG A SEP /M' BRANCH In the Matter Of:
)
)
CONONWEALTH IDISON CmPANY
)
)
Docket Nos. 50-456 1 (Braidwood Nuclear Power
)
50-4570L Station, Units 1 and 2)
)
CONONWEALTH EDISON CNPANY'S MCTfION TO OCMPEL DISCOVERY (DEPOSITION OF BRIDGET LITTLE RORD1)
Pursuant to 10 C.F.R. 52.740(f), Ccmnonwealth Edison Capany
(" Applicant") hereby moves this Atomic Safety and Licensing Board to cmpel Intervenor Bridget Little Roren to respond to questions posed to i
her during her deposition of May 21,1985.1 In support of this Motion, Applicant states as follows:
f 1/. Copies of the transcript of that deposition were served on the Licensing Board with Applicant's Motion for Sumnary Disposition, dated June 13, 1985.
b) 8506210491 850620 PDR ADOCK 05000456 h
3 a
eDR
's v
4 s
~
l.
Ms. Rorem was deposed on May 21, 1985 at Applicant's in-stance. The purpose of the deposition was to explore the extent of Ms. Phrem's and Appleseed's concerns and discover the bases of her f
~
knowledge regarding mergency planning for the Braidwood Station.
'2.
During the course of the deposition, Ms. Rorem indicated that she had consulted with unidentified person (s) regarding her ernergency planning conhention. When asked to identify such person or persons, she refused.
(Deposition transcript, pp. 65-69)
.s
~
3.
Ms. Rorem also indicated that she had been consulting
[
documents for infonnation regarding her emergency planning contention.
When asked to identify those documents, she again refused.
(Deposition transcript, pp. 82-84.)
.,h 4.
Applicant is entitled to discovery of the information h
withheld by Ms. Ror m.
Like all parties. 4plicant may obtain discovery regarding any matter, not privilec # h-is relevant to the subject w
- 4,-
matter involved in the proceeding, inclucung the identity of persons
'N having knowledge of any discoverable matter and the description of any
.r.
m documents.
10 C.F.R. S2.740 (b) (1).
$9
-26.
2 e
Q b
fw y
-M'-
_m_.______
5.
Ms. Rorem has not claimed any recognizable privilege for withholding her answers to Applicant's questions. The burden of estab-lishing the existence of a privilege rests with the party who asserts the privilege.
In re Matter of Fischel, 557 F.2d-209, 212 (9th Cir.1977);
long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1),
IBP-82-82,16 NBC 1144,1153 (1982).
6.
Under the Camission's regulations, a party is permitted 10 days to answer a motion, plus another 5 days when the motion was served by mail.
10 C.F.R. S 2.730(c) and S 2.710. Thus, Ms. Ror m's answer to this notion, which is served by mail on June 20, is due on July 5.
- However, counsel for Applicant is informed that Ms. Rorem is travelling abroad until July 5.
Applicant has no objection to the Licensing Board granting Ms. Ror m leave until July 12 to respond to this motion. In the event that the Licensing Board allows Ms. Ror m an extended time to answer the motion, Applicant fc:ther requests that the Licensing Board's subsequent order to cmpel, if iuued, direct Ms. Rorem to provide her answers to the deposition questions no later than July 19,1985.SI Receipt of the Ms.
Rorm's answers by that date will contribute to the significance of the prehearing conference scheduled for the week of July 22.
SI In accordance with the Licensing Board's order of April 17, 1985, these dates would be for the receipt of Ms. Rorm's filings by the Licensing Board and the parties concerned.
- 3
4 WHEREEDRE, Comnonwealth Edison Cmpany moves this Licensing Board to cmpel Bridget Little Rorm to respond to the following questions:
Identify any and all persons consulted by you with respect to Rorem Contentiori 1.
Identify any and all th w nts of any nature or fom consulted or reviewed by you with respect to Rorem Contention 1.
Further, Camonwealth Edison Cmpany moves that it be granted leave to conduct further discovery to follow up on Ms. Rorem's forthcming re-sponses, including additional questions to Ms. Rorem, either upon deposi-tion or written interrogatories, and discovery upon any witnesses and documents identified by her.
Respectfully subnitted, t
09 Q
Victor G. Cgpeland one of the Attorneys for Camonwealth Edison Cmpany Isham, Lincoln & Beale 1120 Connecticut Avenue, N.W.
Suite 840 Washington, D.C.
20036 DATED: June 20, 1985 i he'T
.I
$_WWWW4 00CKETED USMC
-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 85 JUN 21 A10:26 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE OF $ ECRU /.
In the Matter of
)
00CKElmG & SENr SkANCH
)
COMMONWEALTH EDISON COMPANY
)
Docket Nos. 50-456
)
50-457 (Braidwood Nuclear Power Station
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that a copy of COMMONWEALTH EDISON COMPANY'S MOTION TO COMPEL DISCOVERY (DEPOSITION OF BRIDGET LITTLE ROREM) was served by deposit in the United States mail, first-class postage prepaid the following persons, this 20th day of June, 1985.
Lawrence Brenner, Esq. Chairman C. Allen Bock, Esq.
Administrative Law Judge P.O.
Box 342 Atomic Safety and Licensing Board Urbana, IL 61801 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. A.
Dixon Callihan Atomic Safety and Administrative Law Judge Licensing Board Panel 102 Oak Lane U.S. Nuclear Regulatory Oak Ridge, TN 37830 Commission Washington, D'.C.
20555 Dr. Richard F. Cole Atomic Safety and Administrative Law Judge Licensing Appeal Board Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Ms. Bridget Little Rorem 117 North Linden Street P.O.
Box 208 Essex, IL.
60935
4?hY Myron Karman, Esquire Docketing and Service Section
. Elaine I. Chan, Esquire Office of the Secretary Office of General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
.Douglass W. Cassel, Jr., Esquire Lorraine Creek Timothy W. Wright, III, Esquire Route 1 BPI Box 182 109 North.Dearborn Street-Manteno, Illinois 60950 Suite 1300 Chicago, Illinois 60602 Charles Jones, Director Illinois Emergency Services and Disaster Agency 110 East Adams Springfield, IL 62705
[
C l
Victor G. Copeland
(
One of the Attorneys for Commonwealth Edison Company
.