ML20148A981

Applicant Response to ASLB 781002 Memorandum & Order Denying Motion for Dismissal of Intervenor B Bursey.Util Asserts That Considering Evidence Proffered by Intervenor Unnecessary Since Issue May Be Moot.W/Certificate of Svc

ML20148A981
Person / Time
Site:	Summer
Issue date:	10/18/1978
From:	Conner T, Wetterhahn M CONNER, MOORE & CORBER
To:
References
NUDOCS 7810310017
Download: ML20148A981 (4)

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UNITED STATES OF AMERICA {. gt /,#

-NUCLEAR REGULATORY COMMISSION f;y #

. In the Matter of )

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SOUTH CAROLINA ELECTRIC & ) Docket No. 50-395 GAS COMPANY, et al. )

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(Virgil C. Summer Nuclear )

Station) )

APPLICANT'S RESPONSE TOl MEMORANDUM AND ORDER DENYING MOTION FOR DISMISSAL OF INTERVENOR On October 2, 1978, the Atomic Safety and' Licensing Board (" Board" ) issued a Memorandum and Order Denying

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Motion-for Dismissal of Intervenor herein. The Board stated it would consider whether it is desirable in this  ;

proceeding to take testimony in two phases, with the first phase being for affirmative cases and the second, after a recess, being held to hear rebuttal testimony. The Board conceives that written testimony would be required to be filed far enough'in advance of each phase to enable prepara- ..

tion for cross examination. The Board asked for the views of the parties as to the practicality of this approach.

Tre Board's Memorandum and Order also permitted the Applicant' l to propose sanctions or other relief short of dismissal of intervenor.

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Applicant believes it is premature to attempt to consider particular hearing procedures or sanctions of the intervenor at this time. The entire matter, or at least several of the present contentions, may become moot on the basis of the Board's rulings on the Applicant's motion for summary disposition.

The Board noted in its Memorandum and Order that " [ t] he applicant is now free to move, with supporting arguments, that individual contentions be dismissed or for other relief short of dismissing the entire intervention." ' The original date for the submission of motions for summary disposition could not be met because of intervenor's failure to cooperate in discovery. Applicant expects to. file a motion for summary disposition in approximately one month-,

Applicant supports the Staff Motion for Summary Disposi-tion relating to Contentions A6 and A7 filed on October 3, 1978. In its own motion for summary disposition, further bases for dismissal will be presented.

With respect to sanctions short of dismissal, only one 4

seems appropriate prior to the Board's ruling on the motions for summary disposition. Because of the intervenor's failure to meet deadlines in the past, it is suggested that the Board order Mr. Bursey to respond to the Applicant's motion for summary disposition within 20 days after service, as provided in 10 C.F.R. 52.749(a). With the notice provided by this I

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4 pleading, this would provide the intervenor at least 50 days

, , notice before he must meet this obligation.

In our view it would be appropriate to deal with the presentation of evidence in chief and further appropriate relief after the Board's ruling has established the further scopa of any evidentiary. hearing.

Respectfully submitted, CONNER, MOORE & CORBER

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Tro .' Conner, Jr.

w Mark J..Wetterhahn CounseY for the Applicant October 18, 1978 S

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UNITED STATES OF AMERICA _

NUCLEAR REGULATORY COMMISSION In the Matter of )

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SOUTH CAROLINA ELECTRIC & ) Docket No. 50-395 GAS COMPANY, et al. ) I

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(Virgil C. Summer Nuclear )

Station) ) l CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Objections (

to Intervenor's Interrogatories to Applicant and Motion for a i Protective Order," dated October 2, 1978, in the captioned

~ matter, have been served upon the following by deposit in j the United States mail this 2nd day of October., 1978: '

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l Ivan W. Smith, Esq. George Fischer, Esq. l

, Chairman, Atomic Safety and Vice President and General

. Licensing Board Counsel U. S. Nuclear Regulatory South Carolina Electric & Gas Commission Company .i Washington, D. C. 20555 Post Office Box 764 l Columbia, South Carolina 29202 Dr. Frank F. Hooper Member, University of Steven C. Goldberg, Esq. l Michigan office of the Executive Legal i Camp Filibert Roth Director ,

Iron River, Michigan 49335 U. S. Nuclear Regulatory Commission i Mr. Gustave A. Linenberger Washington, D. C. 20555 Member, Atomic Safety and Licensing Board Panel Mr. Brett Allen Bursey U. S. Nuclear Regulatory Route 1, Box 93-C Commission Little Mountain, South Carolina Washington, D. C. 20555 29075 Chairman, Atomic Safety and Mr. Chase R. Stephens Licensing Appeal Board Panel Docketing and Service Section U. S. Nuclear Regulatory Office of the Secretary Commission U. S. Nuclear Regulatory Washington, D. C. 20555 Commission Washington, D. C. 20555 Chairman, Atomic Safety and Licensing Board Panel Richard P. Wilson, Esq.

U. S. Nuclear Regulatory Assistant Attorney General Commission S.C. Attorney General's Office Washington, D. C. 20555 P. O. Box 11549 Columbia, S.C. 29211 Y

) f Mdrk J."Wetterhahn *

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