ML20128G605
| ML20128G605 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 02/09/1993 |
| From: | Repka D NORTHEAST UTILITIES, WINSTON & STRAWN |
| To: | Kelber C, Kline J, Smith I Atomic Safety and Licensing Board Panel |
| References | |
| CON-#193-13616 OLA, NUDOCS 9302160056 | |
| Download: ML20128G605 (2) | |
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February 9, 1993 ylh_ FEDERAL EXPRESD t"att W. Smith Charles H. Kelber Odf rlhan AdDinistrative Judge htomic 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 ENERG'J COMPANY, Millstone Nuclear Power Station, Unit No.
2, Docket No. 50-36tI-OLA (Snent Fuel Pool Desian) 3b >
Dear ~ Administrative Judges:
This letter will document various discussions and informal agreements between counsel for Northeast Nuclear Energy Company ("NNEco") and Mary Ellen Marucci of Citizens'Cooperativa Monitoring Network ("CCMN") regarding pending discovery matters.
As you are aware, on December 18, 1992, NNECO filed Interrogatories and Requests'for Production of Documents by CCMN.
Pursuant to the Licensing Board's previous scheduling order in this matter, a response was required of CCMN by January 21, 1993.
However, on or about that date, CCMN informally requested of counsel for NNEco and the NRC Staff an. extension of time-to file a response until February 1, 1993.
NNECo granted that re uest and understands that' counsel for the NRC Staff did 11kewise.q1 y
l' In granting the request, we at the time requested'that Ms.
Marucci notify-the Licensing Board of this development, of-CCMN's reasons for the delay, and NNEco's consent to more time.
Ms.
Marucci agreed to take this step, but subsequently, apparently has been unabla to do so.
9302160056 930209 PDR ADOCK 05000336 0
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WINHTON & HTHAWN January 7, 1993 Page 2 Honotholotto, for a variety of reasons explained to NNEco's counsel in conversations lato laut Wook, CCMN did not meet the now February 1, 1993 deadlino.
CCMN now oxpects to be able to respond this wook.
(In addition, it should be noted that CCMN has stated that it will not respond to some of the questions, 4
proforring instead to havo Dr. Kaku respond during his deposition.
NNEco can gonorally accept this position, but romains entitled to a response to the remainder of its discovory requests -- on a schedule that will allow some review prior to the upcoming deposition.)
HNECo, in the spirit of cooperation in discovery matters, has accepted CCMN's newly proposed schedule.
However, NNEco cannot in light of CCMN's record in this procooding be entirely confident that the schedule will be mot.
Under the NRC's Rules of
- Practico, a
motion to compel a
responso would bo due on February 11, 1993, assuming ton days to file from the initially.
agrood upon extended date of February 1, 1993.
Eg_q 10 C.F.R. 2.740(f).
NNEco does not desiro to filo a motion to compel unnecessarily and would as soon avoid the paperwork.
Accordingly, in a
conversation yesterday with Ms. Marucci, NNEco agrood to allow CCMN until February 12, 15 93 to respond to the pending NNEco discovery roquest.
CCMN, for its part, agrood to waive any argument regarding timeliness of a motion to compel if HNEco should later nood to file such a motion to compol a responso.
CCMN also agrood that we would document thoso matters in a letter to the Licensing Board.
Unless the Licensing Board has an objection to 'this agreement, NMECo will not file a motion to compel on Thursday, February 11, 1993.
We will await - CCMN's responso.
If the Licensing Board wishes to proceed on any other path, we request that the Licensing Board advino the parties.
On a separato matter, the upcoming deposition of Dr. Kaku remains scheduled for February 22, 1993 at 10:30 a.m.
in Now York City.
CCMN has confirmed this dato.
The phrties have agrood to resolve the matter of Dr. Kaku's foe among themselves.
Respectfully submitted, k yk-David-A. Ropka 1
I
' Counsel for Northeast Utilities cat Service List
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