ML20148H947
| ML20148H947 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 10/31/1978 |
| From: | Lewis S, Beverly Smith NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7811150060 | |
| Download: ML20148H947 (6) | |
Text
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WRC PUBLIC DOCUMENT ROOM 10/31/78 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gg
'b BEFORE THE ATOMIC SAFETY AND LICENSING BOAR o
- c9WSS A
(,p T
pF In the Matter of
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POWER AUTHORITY OF THE STATE
)
Docket No. 50-549
@ y*s*
OF NEW YORK
)
6
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a (Greene) County Nuclear Power
)
Plant
)
NRC STAFF MOTION FOR ORDER COMPELLING DISCOVERY AND PERMITTING SUPPLEMENTATION OF TESTIMONY UPON RECEIPT OF RESPONSES The NRC Staff moves the Atomic Safety and Licensing Board for an order compelling the Intervenors identified below to respond to the inter-rogatories served on them by h'.C Staff.
In addition, the Staff moves the Board to allow supr s.ntation of its written direct testimony (to 1/
be filed on November 7,1978)~- following the filing of Intervenors' responses to the interrogatories.
On October 2, 1978, "NRC Staff Interrogatories and Request for Production of Documents" were served upon Shirley A. Brand and Mid-Hudson Nuclear Opponents, Cementon Civic Association, Citizens to Preserve the Hudson Valley, Columbia County, Greene County et al., Arthur L. Reuter and Columbia Survival Committee.
Under 10 CFR s52.714(d) and 2.710, the T_/ This date has been computed on the basis of paragraph 4 of the i
Board's August 1, 19/8 " Order Schedu'.ing Further Proceedings in I
the Health and Safety Hearings." Based upon a September 11, 1978 issuance date for SER Supplement 1, the date for completion of discovery is October 23, 1978.
The testimony filing date (15 days thereafter) is, therefore, November 7, 1978.
781115 DOGD
l l l 2/
Intervenors' responses were to be filed on or before October 23, 1978.~~~
These interrogatories relate to the radiological contentions of the Intervenors. The NRC Staff has not received any responses to these interrogatories.
Counsel for the NRC Staff confirmed with counsel for Columbia County Survival Committee, Mid-Hudson Nuclear Opponents, and Citizens to Preserve the Hudson Valley in a telephone conversation on October 24, 1978, that no responses had been submitted by these i
Intervenors as of that date.
Staff counsel's attempts to contact the other Intervenors were unsuccessful.
Therefore, pursuant to 10 CFR H2.740(f), the NRC Staff moves for an order compelling the above-named Intervenors to respond to the October 2, 1978 NRC Staff discovery requests.
Since the Staff has not received responses to its discovery, it is extremely difficult to prepare written testimony to respond to the Intervenors' contentions.
Therefore, the Staff requests the opportunity to supplement its written direct testimony, if necessary, ten (10) days after adequate responses are received.
The interrogatories were served upon the Intervenors in order to seek information concerning the basis for, and a more specific delineation of, the Intervenors' contentions.
The Atomic Safety and Licensing Board has held that parties are entitled to be told "what arguments are being advanced" with respect to contentions.
See:
Kansas Gas and Electric Company, et al. (Wolf Creek Generating Station, Unit No.1), ALAB-279,1 NRC 559, 576 (1975).
Requests for 2_/
See: August 1,1978 Order, paragraph 3.
. specification required by Staff are found throughout these interrogatories.
l For example, interrogatory B.S5a-1 to Columbia County Survival Committee requests information on exposure of the Cementon site to air traffic and 1
the interrogatories to Greene County request information pertaining to its security contention.
Another reason to allow supplementation of the pre-filed written testi-mony is to aid in the summary disposition process.
Although motions for summary disposition may be made after the testimony has been filed, it is still necessary to have responses to the interrogatories to aid in ascertaining whether there is a dispute among the parties.
If there is no g!nuine issue as to any material fact, the Board may, at the request of a party, decide certain contentions through the summary disposition process and thereby avoid the use of evidentiary hearing sessions to resolve these matters.
I Based on the above, the Staff requests an order to compel discovery and the opportunity to supplement its written direct testimony, if necessary, within ten (10) days of receiving adequate responses to the NRC Staff interrogatories.
Respectfully submitted, ut $ e&uO fg Stephen H. Lewis Counsel for NRC Staff 6
7 jfic.n, //-dn.bb[
Barry H. Smith Counsel for NRC Staff Dated at Bethesda, Maryland, this 31st day of October,1978.
t F
l UNITED STATES OF AMERICA l
NUCLEAR REGULAiORY COMMISSION 1
BEFORE THE ATOMIC SAFETY AND LICENSING BOARO In the Matter of POWER AUTHORITY OF THE STATE OF Docket No. 50-549 NEW YORK (GreeneCountyNuclearPowerPlant))
i
' CERTIFICATE OF SERVICE l
1 I hereby certify that copies of "NRC STAFF MOTION FOR ORDER COMPELLING DISCOVERY AND PERMITTING SUPPLEMENTATION OF TESTIMONY UPON RECEIPT OF RESPONSES," in the above-captioned proceeding have been served on/the following by deposit in the United States mail, first class or, as l
indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 31st day of October,1978.
Andrew C. Goodhope, Esq., Chairman
- Ms. Rosemary S. Pooler Atomic Safety and Licensing Board Executive Director 3320 Estelle Terrace New York State Consumer Wheaton, Maryland 20906 Protection Board 99 Washington Avenue Dr. George A. Ferguson Albany, New York ~ 12210 Professor of fluclear Engineering Howard University Lewis R. Bennett, Esq.
Washington, D. C.
20001 Assistant General Manager -
General Counsel Dr. Richard F. Cole
- Power Authority of the State Atomic Safety and Licensing Board "of New York U.S. Nuclear Regulatory Commission 10 Columbus Circle Washington, D. C.
20555 New York, New York 10010 Arthur L. Reuter, Esq.
Town of Athens Attorney at Law c/o Alan Francis Ruf, Esq.
Sharpe's Landing Meadow, Ruf and Lalor, P.C.
Germantown, New York 12526 8 Reed Street Coxsackie, New York 12051 Mr. Peter D. G. Brown Chairman Columbia County Survival Hid-Hudson Nucicar Opponents Committee P.O. Cox 666 P.O. Box 27 New Paltz, New York 12561 Germantown, New York 12526
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- 2.-
George J. Pulver, Jr., Esq.
Edward G. Cloke, Esq.
Bagley, Chadderdon, Pulver Steenbergh & Cloke
& Stiefel 28 Second Street 302 Main Street Athens, New York 12015 P.O. Ebx 486 Catskill, New York 12414 Jeffrey Cohen, Esq.
flew York State Energy Office Citizens to Preserve the Hudson Swan Street Building Valley Core 1, Second Floor c/o Robert J. Kafin, Esq.
Albany, New York 12223 Miller, Mannix, Lemery &
Vafin, P.C.
Daniel Riesel, Esq.
11 Chester Street Winer, Neuburger & Sive Glenns Falls, New York 12801 425 Park Avenue Nancy Spiegel, Esq.
Staff Counsel, State of flew York Mr. John Lenny Public Service Commission Public Information Officer Empire State Plaza Power Authority of the State Albany, New York 12223 of New York 142 State Street Village of Catskill Albany, New York 12207 c/o Daniel K. Lalor, Esq.
Meadow, Ruf and Lalor, P.C.
Albert K. Butzel, Esq.
8 Reed Street Butzel and Kass Coxsackie, New York 12051 45 Rockefeller Plaza Suite 2350 Algird F. White, Jr., Esq.
New York, New York 10020 DeGraff, Foy, Conway and llol t-Ha rris Honorable Edward D. Cohen 90 State Street Presiding Examiner Albany, New York 12207 Public Service Commission Empire State Plaza i
William J. Spampinato, Esq.
Agency Building l
Rosenberg & Spampincto Albany, New York 12223 443 Warren Street l
Hudson, New York 12534 Edward R. Patrick, Esq.
i Assistant Ccunsel for Energy l
Anthony Scott, Mayor flew York State Department of Village of Athens Environmental Conservation 93 N. Washington Street 50 Wolf Road Athens, New York 12105 Albany, New York 12233 fir. ibhn Nickolitch Honorable Donald Carson Cementon Civic Association Associate Hearing Examiner 70 Short Street Department of Environmental Cementon, New York 12415 Conservation l
50 !!al f Road Albany, New York 12233
I l
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- Atomic Safety and Licensing 1:oard Panel O.S. Iluclear Regulatory Commission Washington, D. C. 20555
- Atomic Safety and 1.icensing Appeal Panel U.S. tbclear Regulatory Conmission
~ Washington, D. C. 20555 1
1
- Docketing and Service Section Office of the Secretary U.S.
Riclear Regulatory Commission Washington, D. C. 20555 ff nr f
LAM Barry H Smith Counsel for NRC Staf f e
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