ML20136J386

Order Compelling Joint Intervenors to Respond to NRC 851007 Emergency Planning Interrogatories within 10 Days of Svc of Order.Served on 860109

ML20136J386
Person / Time
Site:	Vogtle
Issue date:	01/08/1986
From:	Linenberger G, Margulies M, Marqulies M, Paris O Atomic Safety and Licensing Board Panel
To:	JOINT INTERVENORS - VOGTLE
References
CON-#186-712, CON-186-712 84-499-01-OL, 84-499-1-OL, OL, NUDOCS 8601130351
Download: ML20136J386 (3)

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UNITED STATES OF AMERICA DO NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND. LICENSING BOARD EY '9 gg ,.

Before Administrative Judges: hrj$'  ;; ,

Morton B. Margulies, Chairman SNC h Gustave A. Linenberger, Jr.

Dr. Oscar H. Paris SERVED jai 4 -9199g

) Docket Nos. 50-424-0L In the Matter cf ) 50-425-0L

)

Georgia Power Company, et al. ) (ASLBP No. 84-499-01-0L)

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(Vogtle Generating Plant, )

Units 1 and 2) ) January 8, 1986

)

ORDER COMPELLING DISCOVERY On December 20, 1985, the NRC Staff (Staff) filed a motion seeking an order that would direct Joint Intervenors Campaign for a Prosperous Georgia and Georgians Against Nuclear Energy to imediately respond to interrogatories propounded by Staff. The motion recites that in accordance with the Licensing Board's Order of September 19, 1985 Staff mailed Emergency Planning Interrogatories to Joint Intervenors on October 7, 1985. Under the terms of the Order, responses were to be served within 3D days after service of the request. No response to the Interrogatories was received by Staff. Staff Counsel contacted Mr. Tim Johnson, a representative of Joint Intervenors, on November 14, 1985 8601130351 860108 PDR ADOCK 05000424 G PDR

1 about the matter. Several further contacts followed and on November 27, 1985 another copy of the Interrogatories was forwarded to Mr. Johnson.

To the time of filing of the subject motion to compel, Staff received no response to the Interrogatories.

Joint Interveners have not replied to the motion to compel nor have they applied for a protective order pursuant to 10 CFR 2.740(c).

Based upon the record in this matter, the motion to compel shall be granted. Our Order of September 19, 1985, authorized discovery on emergency planning contentions, which Staff was following when it submitted the Emergency Planning Interrogatories on October 7,1985 and again on November 27, 1985. Joint Intervenors have failed to respond without providing any justification. Staff is entitled to the relief sought.

ORDER It is hereby Ordered that Joint Intervenors are to immediately respond to the Staff's Emergency Planning Interrogatories of October 7,

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1985 and the response is to be received by Staff no later than ten days

.from the date of service of this Order.

THE ATOMIC SAFETY AND LICENSING BOARD Morton B. Marguliesg Chairman ADMINISTRATIVE LAW DVDGE

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l4 TW G tave A. Linenber e , Jr.

INISTRATIVE JUD E CAV ' gar t 5 Dr. Oscar H. Paris ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 8th day of January, 1986.

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