ML20246P159
| ML20246P159 | |
| Person / Time | |
|---|---|
| Issue date: | 05/17/1989 |
| From: | Hogdon A NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#289-8629, REF-QA-99990004-890517 89-582-01-SC, 89-582-1-SC, EA-87-223, NUDOCS 8905220103 | |
| Download: ML20246P159 (6) | |
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May17,bNdhh UNITED STATES OF AMERICA
'89 MAY 18 P5 :20 NUCLEAR REGULATORY COMMISSION BEFORETHEATOMICSAFETYANDLICENSINGBOARDhha;,,
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In'the' Matter of
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Docket No. 9999004-l
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(General License Authority
-WRANGLER LABORATORIES, LARSEN
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LABORATORIES, ORION CHEMICAL COMPANY
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AND JOHN P. LARSEN
)
E.A.87-223
)
ASLBP No. 89-582-01-SC' MOTION TO COMPEL DEPOSITION OF DR. NARAYANI P. SINGH I
'I.
INTRODUCTION On Ma. 10, 1989, the NRC staff filed a Notice of Deposition in the captioned matter. The Notice stated the Staff's intention to take the depositions of those persons listed by Mr. John P. Larsen d.b.a.
Wrangler Laboratories as witnesses who would appear on Mr. Larsen's i
behalf at the hearing scheduled for June 13-15, 1989, in Provo, Utah.
j On May 12, 1989, the Staff filed an addendum to its Notice of Depositions, in which it stated the agreement reached in a telephone conversation earlier that day regarding the scheduling of the noticed depositions.
On May 15, 1989, Staff counsel received a telephone message from Mr. Larsen that Dr. Singh was not willing to be deposed.
On May 16, 1989, Staff counsel telephoned Mr. Larsen to inquire whether his intention to call Dr. Singh as an expert witness remained unchanged. Mr. Larsen indicated that it continued to be his intention i
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to call Dr. Singh as an expert witness.
However, Mr. Larsen indicated that Dr. Singh had not yet prepared the testimony due to be filed on or
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before May 22, 1989, and that Dr. Singh refused to appear for a deposition I
89052201030$[DR (scheduledforMay 26,1989).
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. II.-~DlSy"SSION Mr. Larsen indicated in a filing on or about April 11, 1989, I/ that Dr. Singh would appear as an expert witness on his behalf. Mr. Larsen
~ filed Dr. Singh's curricum vitae as an indication of his expert qualifications.
Section 2.740a of the Commission's regulations provide
-that a party may take the deposition of any party or other person.
Because Mr. Larsen has indicated that Dr. Singh will appear at the hearing _
as an expert witness on Mr. Larsen's behalf, the Staff has a right to take Dr. Singh's deposition regarding any matter relevant to the subject matter of this proceeding.
III. MOTION Wherefore, tne NRC Staff moves, pursuant to 10 C.F.R. 6 2.740(f),
that this Board compel the testimony of Dr. Narayani P. Singh as noticed in the Staff's Notice of Depositions and Addendum.
Respec fidly submitted, f
Q 1
LL nF odgdon sel for NRC Staff j
Dated at Rockville, Maryland l
this 17th day of May, 1989.
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The receipt and distribution of Mr. Larsen's filing, which was made without a cover letter or service list, was discussed its a telephone conversation between the Staff and the Licensing Board Chairman on April 11, 1989.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket No. 9999004
)
(General License Authority WRANGLER LABORATORIES, LARSEN
)
LABORATORIES, ORION CHEMICAL COMPANY
)
AND JOHN P. LARSEN
)
E.A.87-223
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'ASLBP No. 89-582-01-SC NOTICE OF DEPOSITIONS Notice is hereby given that the NRC staff, in accordance with 10 C.F.R.Q 2.740a, intends to take the testimony by deposition on oral examination of: Dr. Narayani P. Singh, 4412 Fortuna Way, Salt Lake City, Utah 84124; Mr. Kevin Noack, 479 West 1800 North, Provo, Utah 84604; and Messrs. Michael J. Larsen and John P. Larsen, 3853 North Sherwood Road, Provo, Utah 84604 The date and time of the depositions are to be arranged but will be ro later than May 26, 1989.
The deposition of Dr.
Narayani P. -Singh is expected to take place in Dr. Singh's office at the University of Utah in Salt Lake City.
The deposition of Messrs. Michael J. Larsen and John P. Larsen will be taken at the office of Orion Chemical Co.
The NRC staff has made repeated efforts.to reach Mr. Larsen by telephone to schedule the noticed depositions. To date, these efforts have not been successful.
Respectfully submitted, i
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Ann P. Hodgdon t
Counsel for NRC Staff Dated at Rockville, Maryland this 10th day of May, 1989.
May 12, 1989 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of
)
Docket No. 9999004
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(General License Authority WRANGLER LABORATORIES, LARSEN
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LABORATORIES, ORION CHEMICAL COMPANY
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AND JOHN P. LARSEN
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E.A.87-223
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ASLBP No. 89-582-01-SC ADDENDUM TO NOTICE OF DEPOSITIONS 1 According to agreements reached in a May 12, 1989 telechone conference call involving Ann P. Hodgdon and Norman D. Romney of the NRC staff and John P. Larsen, the Staff's Notice of Deposition is hereby amended. The deposition of Dr. Narayani P. Singh.will take place on May 25, 1989, beginning at 1:00 PM, in Dr. Singh's office at the University of-Utah in Salt Lake City.
The depositions of Messrs. Kevin Noack and John P. Larsen will take place on May 26, 1989, beginning at 9:00 AM, in the office of Orion Chemical Co. The deposition of Mr. Michael J. Larsen will also take place on Nay 26, 1989 if he has returned from college by that I
date.
Respectfully submitted,
~ MAL c
't WL!
Ann P. Hodgdon Counsel for NRC Staff
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Dated at Rockville, Maryland this 12th day of May, 1989.
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See " Notice of Depositions", dated May 10, 1989.
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mkt Ti D n
tsNE c UNITED STATES OF AMERICA
'89 MY 18 P5 :20 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING B0khtDIDE a @N ER a wi In'the Matter of Docket No. 9999004 (General License Authority.
WRANGLER LABORATORIES, LARSEN of 10 C.F.R. 40.22)
LABORATORIES, ORION CHEMICAL COMPANY AND JOHN P. LARSEN
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E.A.87-223
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ASLBP No. 89-582-01-SC CERTIFICATE OF SERVICE I hereby certify that copies of " MOTION TO COMPEL DEPOSITION OF DR. NARAYANI P. SINGH", " NOTICE OF DEPOSITIONS" and " ADDENDUM TO NOTICE OF DEPOSITIONS" in the above-captioned proceeding 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 mail system,'or as indicated by a double asterisk by use of express mail service, this 17th day of May,1989:
Charles Bechhoefer,. Chairman
- Dr. Jerry R. Kline*
Administrative Judge Atomic Safety 'and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Michael J. and John P. Larsen**
Mr. Frederick J. Shon*
Orion Chemical Company Administrative Judge 3853 North Sherwood Road Atomic Safety and Licensing Provo, UT 84604 Board i
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Panel (5)*
U.S. Nuclear Regulatory Commission i
Atomic Safety and Licensing Washington, D.C.
20555 Board. Panel (1)*
U.S. Nuclear Regulatory Commission Adjudicatory file' Washington, D.C.-
20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Docketing and Service Section*
Washington, D.C.
20555 Office of the Secretary U.S. Nuclear Regulatory Commission D. Blair Spitzberg Washington, D.C.
20555 U. S. Nuclear Regulatory Commissicn 611 Ryan Plaze Drive Arlington, TX 76011
-2 William L. Brown, Esq.*
Dr. Narayani P. Singh**
U.S. Nuclear Regulatory Commission 4412 Fortuna Way, 611 Ryan Plaza Drive, Suite 1000 Salt Lake City, ~ Utah 84124 Arlington, Texas 76011 Mr. Kevin Noack **
479 West 1800 North, Provo, Utah 84604 M
epiRutberg uty Assistant Gene ral Counsel
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