ML20127G839
| ML20127G839 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 01/07/1993 |
| From: | Reynolds N NORTHEAST UTILITIES, WINSTON & STRAWN |
| To: | Kelber C, Kline J, Smith I Atomic Safety and Licensing Board Panel |
| References | |
| CON-#193-13523 OLA, NUDOCS 9301220092 | |
| Download: ML20127G839 (2) | |
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January 7, 1993 BY HA!!Q Ivan W. Smith Charles N. Kolber Chairman Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S.
Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Jerry R. Kline Administrative Judge Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Re:
NORTHEAST NUCLEAR ENERGY COMPANY, Millstone Nuclear Power Station, Unit No.
2, Docket No. 50-366-OLA (Soent Fuel Pool Desian)
Dear Administrative Judges:
As you are aware, pursuant to 10 C.F.R.
S 2.740(a),
Northeast Utilities previously noticed the deposition of Dr. Michio Kaku, CCMN's witness in this proceeding.
The deposition-was to be conducted on January 7, 1993.
CCMN's representative last week informed us that Dr. Kaku may not be available on this date, and yesterday confirmed that indee3 he would not be available on this date.
Dr. Kaku suggested an alternative date of Febru; ry 22, 1993, which we have accepted in the spirit of informally resolving discovery disputes.
Accordingly, the deposition is now scheduled for that date.
Northeast Utilities' Notice of Deposition of Dr. Kaku was a "first round" discoverf request. The February 22 date now agreed upon for the deposition is later than the January 21, 1993 date previously ~ established by the Licensing Board for completion of first round discovery.
Eq.q Memorandum and Order (Followina Prehearina Conference), dated November 24, 1992. Assuming that the Licensing Board will approve, the parties have agreed informally to trent the deposition as timely, in effect extending the time for Oh00O366 PDR L.
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WINHT(IN a MTl( AWN January 7, 1993 Page 2 first round discovery f or purposes of this deposition only.
We ask that the Board advice if it disapproves.
With respect to other discovery matters, the Licensing Board also established January 12, 1993 as a date for filing with the Board any formal objections to first round discovery requests.
As is clear from correspondence between counsel for Northeast Utilitics and CCMN, served on the Licensing Board and NRC Staf f, we have attempted to resolve those matters informally.
At this time, Northeast Utilities does not plan to file formal objections during.
this discovery round to the pending requests (dated December 5 and 16, 1992) of CCMN.
We have agreed with CCMN at this time that we will attempt to respond to their requests to the extent ?ossible without reaching objectionable matters.
This will provado CCMN with information to review.
However, if after its review of the information provided by Northeast Utilities, CCMN renews requests which the Company deems objectionable, we wish to preserve the right to object during the second discovery round on the schedule previously adopted for such formal objections.
If this approach is met with disapproval by the Licensing Board, then we request that the Board so inform the parties promptly and by telephone no that we may file objections on January 12.
Finally, we wish to alert the Licensing Board to one other discovery matter in connection with Dr. Kaku's deposition.
CCMN has requested that Northeast Utilities pay Dr. Kaku a fee in connection with his forthcoming deposition.
While we fully intend to pay Dr. Kaku the standard witness fee as called for by 10 C.F.R.
S 2.740a(h), we do not intend to pay the very high professional hourly / rate fee Dr. Kaku has requested.
Dr. Kaku in CCMN's witness and Northeast Utilities is under no obligation to pay such a fee.
At this time, we are attempting to resolve the matter with CCMN.
However, should a resolution become impossible and Dr. Kaku decline to be deposed, we will request of the Licensing Board issuance of a subpoena for Dr. Kaku's deposition.
Respe fu y submitted,
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Nichola S..R ynolds David Repk Counsel fortN irtheast Utilities cc:
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