ML20206J876

Order (Extension of Time for Discovery Arising from Ser).* Grants New England Coalition on Nuclear Pollution 881110 Motion to Modify Discovery Schedule W/O Limitations Suggested by Applicant.Served on 881116

ML20206J876
Person / Time
Site:	Vermont Yankee
Issue date:	11/16/1988
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#488-7502 87-547-02-LA, 87-547-2-LA, OLA, NUDOCS 8811290157
Download: ML20206J876 (3)

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NUCLEAR REGULATORY CO.g g!QNs .,c'~1 var

\TOMIC SAFETY AND LICENSING BOARD Hefore Administrative Judges: F . .

c u o us . - ; .o a Charles Bechhoefer, Chairman Glenn O. Bright Dr. Jamen 11 . Carpenter In the Matter of )  !

)

VERMONT YANKEE SUCLEAR ) Docket No. 50-071-OLA l POWER FORPOR ATION 1

) ASLBP No. 87 347-02-LA '

(\ ermont Yankee Nucicar a Power Station) i November 16, 1988

)

ORDER (Fxtension of Time for Discovery Arising From .t;fety Evaluation Report)

On November 10, 1988, NECNP filed a motion to modify 1

further the discovery schedule previously established in L

this proceeding, to take into account the time within which '

the NRC Staff is responding to certain discovery requests f i

and to permit NECNP to file second-round follow-up requests.

NECNP seeks to extend the discovery period to permit it to file a supplemental round of interrogatories within one week i l

after the NRC Staff serves its responses. This request  :

concerna discovery as authori:ed in our Second Prehearing I Conference Order, LUP-MG-18, 28 NRC 43, 45 (July 10, 1988),

initially filed by NECNP on October 31, 1988, arising from  ;

i the Staff's Safety Evaluation Report (SER) dated October 14, 1988. (By Order dated November 14 1988, we granted NECNP a J

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L almilar extension with respect to discovery granted by an earlier order.)

NECNP ndvises that the Staff has no objection to the i present requent. On November 15, we ascertained by i

telephone that, although the Applicant would have no  !

objection to a moderate .+xt.;nsion of the disecvery pericd, it technteally objects to an open-ended extension of time i i

l such as NECNP has here requested, it would also have ,

preferred NECNP to have followed the explicit requirements  !

of 10 C.F.R. % 4.720(h)(2)(11) in order to obtain discovery f from the Statf. [

As in the case of NECNP's earlier reque st. the discovery schedule established by us in the Second f prehearing conference Order contemplates an opportunity for r

i part les to filo second-round discovery requests. See 28 NRC at 45. We understand from NECNp's motion that the Staff i does intend to respond for object individually, as [

appropriate) to the particular interrogaturies in question.

f Requiring NECNP to resort to the formal procedures of 10 CFR t 2.700thi(0)(ii), as suggested by the Appli. cant, would thus f seem to serve no useful purpose. Setting a specific date,  ;

which would have to be extendeti if the Staff were farther [

delayed beyond the time suggested by NECNP. also appears to involve unnecessary pripe rwo rk .

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3 Accordingly. NECNP'n current motion ta gtqnted.

without any of the limitations suggested by the Appliennt.

l However, we urge the Staf f t o use its bent efforts to rewpond to the first-round interrogatory requests av l expeditiously as possible. NECNP may file a second round of interrogatories to the Staff within one w-ek after the Staff l

l Serves its response to NECNP's October 31, 1988 firet-round l

l requests.

l l IT IS SO ORDERED.

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FOR THE ATOMIC SAFETY AND l LICENSING DOARD l

l 1 x /j_ w C. M* J Charles Dechhoefer,Ch/trman ADMINISTRATIVE Jt'DGE

• e l Dated at Bethesda, Maryland t this 16th day of November, 1988  ;

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