ML20141N815
| ML20141N815 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/17/1986 |
| From: | Blake E GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#186-423 CH, NUDOCS 8603180160 | |
| Download: ML20141N815 (5) | |
Text
p,n March 17, 1986 00LKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION T6 MR 17 PI :24 BEFORE THE ADMINISTRATIVE LAW JUDGE ggggg j j,
00 CME Tmu, st.", n t BRANdi In the Matter of
)
)
General Public Utilities
)
Docket No. 50-289 (CII)
)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
GPU NUCLEAR'S ANSWER TO TMIA'S REQUEST FOR AN EXTENSION OF TIME AND FOR A DELAY OF DISCOVERY On March 9, 1986, TMIA filed both a request for an exten-sion of time within which to respond to the Administrative Law Judge's Order of February 27, 1986, and, in effect, a motion to postpone the discovery schedule in this proceeding.
GPU Nuclear Corporation, a party to the !!usted proceeding, has no objection to TMIA's first requesti however, it opposes TMIA's motion concerning discovery.
GPU Nuclear concurs with Mr. !!usted, as stated in his March 13, 1986 Answer to TMIA's Request, that THIA had until March 13, 1986 to file objections to the Report and Order on Initial Prehearing Conference, dated February 27, 1986.
That issue is now moot.
GPU Nuclear also concurs with Mr. Itunted's observation that THIA has failed to establish any cause, much less " good cause," for modifying the discovery schedule recently H6031U0160 (16031/
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P' established for the proceeding.
In contrast, delaying the pro-ceeding, which already has been pending for some time, may well harm Mr. Husted and also may adversely affect GPU Nuclear's interest in finally obtaining a resolution of these matters.
Finally, GPU Nuclear would like to add one additional comment to Mr. Husted's objections to TMIA's motion.
Over a month ago, on February 10, 1986, TMIA discussed and agreed to a discovery schedule when it met with the other par-ties to this proceeding.
That schedule was based o1: TMIA's stated interests, as well as the interests of the other par-ties.
About one week later, at the prehearing conference of February 19, 1986, TMIA confirmed its endorsement of the par-ties' proposed schedule.
It was that proposal that the Admin-intrative Law Judge adopted in his February 27, 1986 Order as the schedule for the Husted proceeding.
Nine days after the prehearing conference, and without any prior indication of its intention to do so, TMIA filed with the Commission an extremely untimely Motion to dismiss the Husted proceeding and to stay the proceeding pending disposition of its Motion.1/
TMIA now relies on its late-filed Motion as a justification for overrid-ing the schedule with which it recently agreed to comply.
Moreover, it does so without having contacted the parties with whom it just stipulated or the judge who accepted the 1/
GPU Nuclear Corporation did not file a response to the frivolous TMIA Motion.
Lest there be any ambiguity about the matter, GPU Nuclear wholly concurs with Mr. Hunted's March 13, 1986 Answer to TMIA's Motion to Dismiss and for Stay.
2
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I' stipulation, and without even addressing the question of good cause for delay which was central to the stipulated schedule.
For the reasons stated above, TMIA's motion for an indefi-nite deferral of discovery should be denied.
Respectfully submitted, bho b /baum-Ernest L. Blake, Jr., P.C.
Deborah B. Bauser SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1215 Counsel for GPU Nuclear Corporation Dated:
March 17, 1986 i-I.
March 17, 1986 00LKttE0 USMRC UNITED STATES OF AMERICA gg gg j7 pj ;24 NUCLEAR REGULATORY COMMISSION CF 0 au
- a '
FICgIhh "'
E BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
)
)
General Public Utilities
)
Docket No. 50-289 (CH)
)
l (Three Mile Island Nuclear
)
l Station, Unit No. 1)
)
t CERTIFICATE OF SERVICE I hereby certify that copies of "GPU Nuclear's Answer to TMIA's Request for an Extension of Time and for a Delay of Dis-covery," dated March 17, 1986, were served on the following by deposit in the U.S. mail, first class, postage prepaid, or, as indicated by one asterisk, by hand delivery, or as indicated by two asterisks, by Federal Express, this 17th day of March, 1986.
- Morton B. Margulies, Esquire Administrative Law Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- George E. Johnson, Esquire l
Office of Executive Legal Director l
U.S. Nuclear Regulatory l
Commission l
Washington, D.C.
20555 l
t 1
f
h Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C.
20555
- Ms. Louise Bradford Three Mile Island Alert 1011 Green Street Harrisburg, Pennsylvania 17102 Michael Maupin, Esq.
Hunton & Williams P.O. Box 1535 Richmond, VA 23212 htl><.rwL lb. /%dt Deborah B. Bauser i
l l l