ML20058J673

Motion to Strike Sunflower Alliance 820804 Reply Brief in Support of Motion to Compel Discovery.Brief Filed in Direct Contravention of NRC Rules of Practice.Certificate of Svc Encl

ML20058J673
Person / Time
Site:	Perry
Issue date:	08/09/1982
From:	Willmore R CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8208110158
Download: ML20058J673 (4)

Text

s

, Y7bkfU "n, o (n m -

Augus( 9, 1982 DOC.itrhjyuE UNITED STATES OF AMERICA DRA NC 8 ~

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

THE CLEVELAND ELECTRIC )

ILLUMINATING COMPANY, ET AL. ) Docket Nos. 50-440

) 50-441 (Perry Nuclear Power Plant, Units )

1 and 2) )

MOTION TO STRIKE SUNFLOWER REPLY BRIEF IN SUPPORT OF MOTION TO COMPEL DISCOVERY On August 4, 1982, Sunflower Alliance, Inc. (" Sunflower")

filed a reply brief in support of its motion to compel dis-covery. This reply brief is filed in direct contravention of the NRC Rules of Practice, and must be struck by the Licensing Board.

Section 2.730(c) of the NRC Rules of Practice provides as

, follows:

Within ten (10) days after service of a writ-ten motion, or such other period as the Secretary or the Assistant Secretary or presiding of ficer may prescribe, a party may file an answer in sup-port of or in opposition to the motion, accompan-ied by affidavits or other evidence. However, the regulatory staff may file such an answer within fifteen (15) days after service of a written motion. The moving carty shall have no right to reply, except as permitted by the presiding of-ficer or the Secretary or the Assistant Secretary.

(emphasis added)

^~

8208110158 820809 DR ADOCK 05000 e q {) 3

Sunflower has not received permission to file its reply brief.1/ As the moving party, it thus had no right of reply.

The reply brief, therefore, must be struck.2/

For the stated reasons, Applicants move to strike Sun-flower's reply brief in support of its motion to compel discovery.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE

~

By: -

Jay E.-Silberg, P.C.

Robert L. Willmore Counsel for Applicants i

l

. 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000

Dated

August 9, 1982 1/ By Order of August 4, 1981, the Licensing Board reouired that any intervenor moving to add a new contention must reply to Applicants' response. No similar requirement or leave to file has been issued by the Licensing Board as to any other type of motion.

2/ Sunflower's reply brief not only cites Applicants' response completely out of context, it mischaracterizes Appli-l cants' argument. Applicants' Substantive Ancwer to the Motion to Compel Discovery, dated July 23, 1982, at 2-5, described in i detail the applicable legal standard. Applicants consistently l have objected on the basis of relevancy as set forth in their discussion of that standard. Applicants have never even sug-gested that only admissible information is relevant. It is indisputable, however, that discovery "shall relate only to those matters in controversy." 10 C.F.R. S 2.740(b)(1). The cited language in Applicants' Substantive Answer does no more than reiterate that basic requirement.

O

l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-

) Before the Atomic Safety and Licensing Board In the Matter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY, ET AL. ) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE i

1 i

This is to certify that copies of the foregoing " Motion To Strike Sunflower Reply Brief in Support of Motion To Compel Discovery", were served by deposit in the U.S. Mail, First Class, postage prepaid, this 9th day of August, 1982, to all those on the attached Service List.

I

/ ,/ .

r l

Robert L. Willmore i

1

, Dated

August 9, 1902 i

i l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and-Licensing Board In the Matter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY, et al.') 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2 )

SERVICE LIST .

Peter B. Bloch, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry R. Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. Frederick J. Shon 7 1 5t'ephen H.' Lewis, Esquire.E 7

d-N.25 Atomic Safety and Licensing Board Office of the Executive U.S. Nuclear Regulatory Commission Legal Director Wahsington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Christine N. Kohl, Chairman Atomic Safety and Licensing Ms. Sue Hiatt OCRE Interim Representative Appeal Board U.S. Nuclear Regulatory Commission 8275 Munson Avenue Washington, D.C. 20555 Mentor, Ohio 44060 l

Daniel D. Wilt, Esquire Dr. John H. Buck Atomic Safety and Licensing P. O. Box 08159 Cleveland, Ohio 44108 Acceal Board U . 'S . Nuclear Regulatory Commission Washington, D.C. 20555 Donald T. Ezzone, Esquire Assistant Prosecuting Attorney Gary J. Edles, Esquire Lake County Administration Center Atomic Safety and Licensing 105 Center Street Appeal Board Painesville, Ohio 44077 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 .

John G. Cardinal, Esquire Prosecuting Attorney Atomic Safety and Licensing Ashtabula County Courthouse Board Panel Jefferson, Ohio s,,047 C. S . Nuclear Regulatory Commission Washincten, D.C. 20555 Terry Lodge, s_ squire 915 Spitzer Building Toledo, Ohio 43604 l

l