ML20196D280

NRC Staff Response to Motion by TMI Alert/Susquehanna Valley Alliance for Extension of Discovery.* Motion Should Be Denied.Certificate of Svc Encl

ML20196D280
Person / Time
Site:	Three Mile Island
Issue date:	02/12/1988
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5587 87-554-OLA, OLA, NUDOCS 8802170066
Download: ML20196D280 (5)

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( 00CKETED U5NPC February 12, 1988 UNITED STATES OF AMERICA '88 FEB 12 P3:43 NUCLEAR REGULATORY COMYlSSION OrHCE OF Sicht iAri

• BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00CKETmG r MWiu.

BRANCH In the Matter of )

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GENERAL PUBLIC UTILITIES }

NUCLEAR CORPORATION, ET AL. I Docket No. 50-320 OLA

) ASLBP No. 87-554-OLA (Three Mlle Island Nuclear ) (Disposal of Accident-Station, Unit 2) ) Generated Water)

NRC STAFF RESPONSE TO MOTION BY TMIA/SVA FOR EXTENSION OF DISCOVERY

1. INTRODUCTION By motion dated January 31, 1988, the Joint intervenors, TMI A/SVA requested an extension of discovery from February 22, 1988 to April 16, 1988. The NRC staff (Staff) opposes the motion for the reasons set forth below,

11. DISCUSSION A. The Motion in its motion TMIA/SVA states that it is a velunteer organization and the complexity of the issues, the number of admitted contentions and the adverse impact of the accident generated water "enhances" the value of preparation for these proceedings by discovery which is of vital impor-tance. Motion at 1-2. TMl A/ SVA states that the deadline of February 22, 1988, for completion of discovery, established by the Li-censing Board's Memorandum and Order of January 5,1982, does not en-able the loint intervenors' representative to prepare fully for the d )

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'o proceedings and "to obtain crucial evidence." Id. TMIA/SVA also re-quests permission to file supplemental interrogatories. Motion at 1.

B. Staff Response .

TMIA/SVA has not provided any basis for its request for a lengthy extension of discovery other than its mere desire for more time.  ;

TMI A/SVA filed its first discovery request to the Staff on February 7, 1988. Although this filing was late in the discovery period, the Staff intends to file its response by the close of discovery on February 22, 1988. Since the Staff has not yet filed a response, there is no apparent reason that permission is sought to file supplemental interrogatories. The only reason provided for the motion is that TMIA/SVA wishes to prepare fully for the proceedings and obtain crucial evidence. Since TMI A/SVA has only recently engaged in discovery its request for more time is not reasonable or convincing. II The Commission addressed this situation in a Policy Statement as follows:

Fairness to all involved in N P.C's adjudicatory procedures requires that every participant fulfill the obilgations imposed by and in accordance with applicable law and Commission reg-uf ations. While a board should endeavor to conduct the pro-coeding in a manner that takes account of the special circumstances faced by any participant, the fact that a party may have personal or other obligations or possess fewer re-l sources than others to devote to the proceeding does not re-

!! eve that party of its hearing obilgations.

1/ The Staff filed its discovery request with TMIA/SVA on February 1, 1988. SVA/TMI A has not alleged that an extension is required to respond to this discovery and the Staff assumes, therefore, that SVA/TMI A will respond by February 22, 1988 l

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Statement of Polic.y on Conduct of Licensing Proceedings, C Ll-81 -8, 13 NRC 452, 454 (1981).

TMIA/SVA must take responsibility for developing its case with due diligence just as the other parties are charged to do. However, it appears that TMIA/SVA seeks delay in discovery merely for the conve-nience and preference of TMlA/SVA and not because of any special cir-cumstance. Thus, the Staff believes the motion for an extension of discovery is clearly groundless and should be rejected.

Ill. CONCLUSION For the reasons sta ted , the TMIA/SVA motion should be denied.

RespectfulIy subnltted, i A ColIeen P. %bodhead Counsel for PE. Staff Dated at Rockville, Maryland this 12th day of February,1988 1

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MNHC UNITED STATES OF AMERICA NUCl. EAR REGULATORY COMMISSION 's FEB 12 P3 :44 ,

BEFORE THE ATOMIC SAFETY AND LICENSING BOMQg of eEMIA#

00CnEliNG 1. $[4VICI.

i3HANCH in the Matter of- ) .

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GENERAL PUBLIC UTILITIES )

NUCLEAR CORPORATION, ET AL. ) Docket No. 50-320 OLA

) ASLBP No. 87-554-OLA (Three Mlle Island Nuclear ) (Disposal of Accident-Station, Unit 2) ) Generated Water)

CERTIFICATE OF SERVICE

. I hereby certify that copies of "NRC STAFF RESPONSE TO MOTION BY TMIA/SVA FOR EXTENSION OF DISCOVERY" in the above-captioned pro-ceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's Internal mall system, this 12th day of February, 1988:

Shcidon J. Wolfe, Chairman Thomas A. Baxter, Esq.

Administrative Judge Ernest L. Blake, Jr. Esq.

Atomic Safety and Licensing Board Shaw, Pittman, Potts t, Trowbridge U.S. Nuclear Regulatory Commission 2300 N Street, N.W.

Washington, D.C. 20555* Washington, D.C. 20037 Dr. Oscar H. Paris John R. McKinstry Administrative Judge Assistant Counsel Atomic Safety and Licensing Board Commonwcelth of Pennsylvania U.S. Nuclear Regulatory Commission 505 Executive House Washington, D.C. 20555* P. O. Box 2357 Harrisburg, PA 17120 Mr. Glenn O. Bright Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555* Washington, D.C. 20555*

Atomic Safety and Licensing Appeal Docketing and Service Section Board Panel Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555* Washington, D.C. 20555*

ta Susquehanna Valley Alliance Three Mlle Island Alert c/o Ms. Frances Skolnick 315 Peffer Street 2079 New Danville Pike Harrisburg, PA 17102 Lancaster, PA 17603 Jay Gutierraz i Regional Counsel USNRC, Region I 475 Allendale P,oed -

King of Prussia, PA 19406* ,

Colleen P. Woodhead ,

Counsel for NP.C Staff k

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