ML20206C481

New England Coalition on Nuclear Pollution Motion to Modify Discovery Schedule Set Out in Board Second Prehearing Conference Order LBP-88-18 of 880712.* Leave Requested to Respond to NRC 881031 Responses.W/Certificate of Svc

ML20206C481
Person / Time
Site:	Vermont Yankee
Issue date:	11/10/1988
From:	Ferster A HARMON, CURRAN, SPIELBERG & EISENBERG, LLP., NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
References
CON-#488-7493 LBP-88-18, OLA, TAC-69179, NUDOCS 8811160297
Download: ML20206C481 (5)

Text

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1988 November 10,PCLMEiEO

'*I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

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v0CKl i; m.4 In the Matter of )

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Vermont Yankoo Nuclear )

Power Corporation ) Docket No. 50-271-OLA

)

(Vermont Yankee Nuclear )

Power Station) )

)

NECNP'S MOTION TO MODIFY THE DISCOVERY SCHEDULE SET OUT IN THE BOARD'S SECOND PREHEARING CONFERENCE ORDER (LDP-88-18) OF JULY 12. 1988 I. Introduction Intervenor New England Coalition on Nuclear Pollution (NECNP) hereby requests that the Licensing Board modify the dis-covery schedule set out in its Second Prehearing Conference Order, LBP-88-18, __ NRC (July 12, 1988), to give NECNP leave to file a supplemental round of interrogatories within one week after the NRC Staff serves its response to "NECNP's First Set of Interrogatories and Request for Production of Documents to NRC Staff on the NRC Spent Fuel Pool Expansion Safety Evalestion (TAC No. 69179)," dated October 31, 1988. This will enable NECNP to file a supplemental round of interrogatories, the responses to which will be received af ter the close of the discovery period.

The modification is necessary because adequate follow-up dis-covery is nt*. possible under the current schedule, due to the length of time that the Staff intends to take to respond to -

NECNP's first round of interrogatories. The NRC Staff has been contacted regarding this uotion and has no objection to the modi-fication of the discovery schedule requested herein.

8811160297 881110 PDR ADOCK 050 1 g

O II. DiscussL2D In the Second Prehearing Conference Order, LBP-88-18, __ NRC (July 12, 1988), this Board granted the parties discovery against the NRC Staff on its Safety Evaluation Report (SER) extending for 30 days from the date of service of the SER. LBP-88-18, slio coinion, at 3. This Order also specified that "the 30 day period will encompass second-round interrogatory qusstions but not responses." Id.

On October 14, 1988, the Staff issued its SER for the pro-posed expansion of the spent fuel pool. Accordingly, under the schedule established by the Board, second round questions must be mailed by November 18, 1988.

NECNP anuicipated sending out at least two rounds of inter-rogatories to the NRC Staff on its SER, the second round consist-ing of follow-up questions based on the NRC Staff's response to NECNP's first round of interrogatories. Accordingly, on October 31, 1988, NECNP hand-delivered its first set of interrogatories on the SER to the Staff. E2a "NECNP's First Set of Inter-rogatories and Request for Production of Documents to NRC Staff on the NRC Spent Fuel Pool Expansion Safety Evaluation (TAC No.

69179)," dated October 31, 1988. Assuming a response within 14 days, which is the time within which a party must respond to interrogatories under NRC rules,1 these responses would have been L received on November 14, 1988, in sufficient time to permit NECNP 1 10 C.F.R. 5 2.740b(b).

e to file a follow-up round of interrogatories based on these responses within the 30 day discovery period.

NECNP has now been inforned by the NRC Staff that, while the f l

Staff will be responding to NECNP's first set of interrogatories on the SER, responses will not be served prior to the close of the discovery period.2 As a result, NECNP will not be able to prepare a follow-up round of interrogatories based on the Staff's responses to its first round prior to the close of the discovery period, under the current discovery schedule established by this Board's Second Prehearing conference order.

Clearly, this Board's Second Prehearing Conference order expressly permitted discovery against the NRC Staff on its SER, and also contemplated "second round questions" as well. Thus, modifica, tion of the discovery schedule, in light of the Staff's failure to respond to NECNP's first set of interrogatories within the time frame for discovery set by this Board's Second Prehear-ing Conference order, would be appropriate and consistent with the clear intent of this Board's orders to permit second round interrogatories against the Staff on its SER.

Accordingly, NECNP hereby requests that this Board issue an order permitting NECNP to file a supplemental round of inter-rogatories within onc week after the NBC Staff serves its t

2 It is the Staff's position that it is not bound by the dis-covery deadlines set out in 10 C.F.R. 5 2.740b. Eee 10 C.F.R.

$ 2.720(h) (1) . Accordingly, the Staff is unwilling to commit to respond to NECNP's interrogatories within a date or time certain.

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-4 response to "NECNP's First Sa'. of Interrogatories and Request for l Production of Documents to NRC Staff on the NRC Spent Fuel Pool l

- Expansion Safety Evaluation (TAC No. 69179)," dated October 31, 1988. The NRC Staff has been contacted regarding this motion i and has no objection to the modification of the discovery sched-ule requested herein. ,

Respectfully submitted, m

, 7 ,

- W__

Andrea Forster HARMON, CURRAN & TOUSLEY ,

2001 "S" Street N.W. Suite 430 l l

Washington, D.C. 20009  !

! (202) 328-3500 }

f' CERTIFICATE OF SERVICE I certify that on November 10, 1988, copies of the forego- l; 4 ing pleading were served by first-class mail, or as otherwise  !

j indicate,d, on all parties listed below.

Charles Bechhoefer, Chairman Atomic Safety and Licensing Board Panel  ;

U.S. Nuclear Regulatory Commission  ;

j. Washington, D.C. 20555 l 9 '

Glenn O. Bright t Atomic Safety and Licensing Board Panel  ;

U.S. Nuclear Regulatory Commission  !

Washington, D.C. 20555 L

) Dr. James H. Carpenter Atomic Safety and Licecsing Board Panel L U.S. Nuclear Regulatory Commission J Washington, D.C. 20555 Secretary of the Commission Attn: Docketing and Service Section U.S. Nuclear Regulatory Commissio.'

Washington, D.C. 20555 1

p Christine N. Kohl, Chairman Atomic Safety and Licer. sing Appeal Board Nuclear Regulatory Commission

U.S.

i Washington, D.C. 20555 a

i l

r e

George Dean, Esq.

Assistant Atcorney General Commonwealth of Massachusetts Department of the Attorney General One Ashburton Place Boston, MA 02108 Samuel Press, Esq.

Vermont Department of Public Service 120 State Street Montpelier, VT 05602 Ann Hodgdon, Esq.

Office of the General Counsel Bethesda U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Diana Sidebotham .

R.F.D. #2 Putney, Vermont 05346 R.K. Gad III

• Ropes & Gray 225 Franklin Street Boston, MA 02110 Gary J. Edles Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard A. Wilber Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Geoffrey M. Huntington, Esq.

Office of the Attorney General, EPA State House Annex 25 Capitol Street Concord, NH 03301-6397 Atomic Safety and Licensing Board Panel -

U.S. Nuclear Regulatory Commission

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Washingtoa, D.C, 20555

.j,. 7 p ['-~ [7,

/ , ,,

Andrea Forster

• By overn!.ght mail