ML20236L747

Licensee Objection to Intervenor Air & Water Pollution Patrol Request for Opportunity to File for Discovery & Motion for Protective Order.* Certificate of Svc Encl

ML20236L747
Person / Time
Site:	Limerick
Issue date:	11/02/1987
From:	Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4776 OLA, NUDOCS 8711110052
Download: ML20236L747 (4)

Text

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00CMETED USNRC UNITED STATES OF AMERICA 57 NOV -6 P4 :06 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing BoardVFICE OF SECRUARY

-00CHETmG & SDevlCf.

BRANCH ~

In the Matter of

)

)

Philadelphia Electric Company

)

Docket No. 50-352-OLA

)

(TS Iodine)

(Limerick Generating Station,

)

Unit 1)

)

LICENSEE'S OBJECTION TO INTERVENOR AWPP'S REQUEST FOR THE OPPORTUNITY TO FILE FOR DISCOVERY AND MOTION FOR A PROTECTIVE ORDER on October 30, 1987, counsel for Licensee, Philadelphia Electric Company, received in the mail a document which purported to respond to the Atomic Safety and Licensing Board's October 9,

1987 Memorandum and Order.

AWPP sets I

i l

forth a number of excuses why its response to the Board's l

Order is late and then requests summary disposition of the captioned matter, or, in the alternative, the right to j

1 discovery.

l The Licensing Board's October 9,

1987 Memorandum and l

Order (Memorializing Special Prehearing Conference; Ruling On Contentions.)

was explicit in requiring each party to notify the Board in a letter to be served by personal l

delivery or express mail to be received by the Board and other parties on or before October 21, 1987 as to whether discovery would be conducted.

AWPP has not presented any l

1 colorable reasons why it failed to comply with the Board's 8711110052 871102 x

PDR ADOCK 05000352 i

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0 PDR l

1

I.

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l Order.

It has not demonstrated why - another member - of the organization could not have been given-responsibility to monitor this proceeding during Mr. Romano's apparent absence country.M Mr. Romano's failure to abide by the from the Board's Order precludes him from seeking either discovery.or

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the opportunity to file a motion for summary disposition.2/

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As the Commission stated in Catawba:

We start with the basic principle that a person who invokes the right to participate in an NRC proceeding 'also voluntarily accepts the obligations attendant upon such participation.

See, e.g.,

Consumers Power Co.

(Midland Plant, Units 1 and 2), ALAB-691,-16 NRC 897 (1982).

And as a corollary, : since interveners have the option to-choose the issues on which they will partici-pate,.it is reasonable'to expect inter-1 l

venors to shoulder the -tame burden-j carried by any other. pa'rty

~to

'a-commission proceeding.

.While we are sympathetic with the - - f act ~ that'a party may have personal or other obligations

'l or possess fewer resources than 'others 1

to devote to a proceeding, this fact

]'

does not relieve 'that party of

'its_

hearing obligations, Statement of Policy on Conduct of Licensing Proceedings, l

CLI-81-8, 13 NRC. 452, 454 (1981)

(" Statement of Policy").

l Duke Power Company (Catawba Nuclear Station, Units'l L

and 2), CLI-83-19, 17 NRC 1041, 1048 (1983).

l the Board' summarily 2/

In its response AWPP " moves -that

~

disposes [ sic) of Philadelphia Electric's request the instant ammendment (sic)."-

Such motion utterly fails:

l to meet the requirements of 10-C.F.R. S2.749 and should be denitd.

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3.-

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The Doard should therefore deny the requests and grant a protective order that any requested discovery not be-had.

l Respectfully submitted, CONNER & WETTERHAHN, P.C.

)

e Troy

. Conner, Jr.

Mark J. Wetterhahn Counsel for Licensee November 2, 1987 i

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00LKETE0 V5NRC i

UNITED STATES OF AMERICA U

b*

NUCLEAR REGULATORY COMMISSION l

Before the Atomic Safety and LicensirurFR9ardgu(;Any 00Cnt ling A "2CitVICf.

BRANCH j

In the Matter of

)

)

j Philadelphia Electric Company

)

Docket No. 50-352-OLA 1

)

(TS Iodine) lI (Limerick Generating Station,

)

j Unit 1)

)

i

'l CERTIFICATE OF SERVICE l

I hereby certify that copies of " Licensee's Objection To Intervenor AWPP's Request.For The Opportunity To File For l

Discovery And Motion For A Protective Order" dated November j

2, 1987 in the captioned matter have ' been served' upon the I

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following by deposit in the United States mail this 2d day j

of November, 1987:

j l

Sheldon J. Wolfe, Benjamin H. Vogler, Esq.

'.l Chairman Robert M. Weisman, Esq.

Atomic Safety and Counsel for NRC Staff-Licensing Board Panel Office of the General U.S. Nuclear Regulatory Counsel Commission U.S. Nuclear Regulatory y

Washington, D.C.

20555 Commission

{

Washington, D.C.

20555

)

Dr. Richard F. Cole Atomic Safety and Docketing and Service 1

Licensing Board Panel Section U.S. Nuclear Regulatory U.S.

Nuclear Regulatory.

j Commission Commission i

Washington, D.C.

20555 Washington, D.C.

20555 l

1 Dr. George A.

Ferguson Mr. Frank R. Romano Atomic Safety and 61 Forest Avenue

{

-Licensing Board Panel Ambler, Pennsylvania 19002

)

U.S. Nuclear Regulatory j

Commission Mr. Robert.L. Anthony J

Washington, D.C.

20555 106 Vernon Lane,' Box 186

)

)1 Moylan, PA 19065

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')

d A. d i

Robert 3. Rader

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