ML20148Q493
| ML20148Q493 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos File:GEH Hitachi icon.png |
| Issue date: | 11/17/1978 |
| From: | Edgar G MORGAN, LEWIS & BOCKIUS |
| To: | |
| References | |
| NUDOCS 7811300056 | |
| Download: ML20148Q493 (5) | |
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NRC PUBLIC DOCUhfCiT Z 11/17/78 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION [ ,,
9Ndgy,3 a l c Sk s b In the Matter of ) ey l
) Docket No. 5, i GENERAL ELECTRIC COMPANY )
) Operating License (Vallecitos Nuclear Center - ) No. TR-1 General Electric Test Reactor) ) (Show Cause) l LICENSEE'S RESPONSE TO THE l LICENSING BOARD'S OCTOBER 24, 1978 i MEMORANDUM AND ORDER l l
l In its October 24, 1978 Memorandum and Order, the Licensing Board directed Intervenors Friends of the Earth (F0E) and Congressman Dellums to respond within fourteen days to Interrogatory No. 1 contained in General Electric's (GE)
June 26, 1978 Interrogatories to Intervenors. On November 14, 1978 and November 15, 1978, respectively, Intervenors F0E and Congressman Dellums filed virtually identical responses raising the same obj ections to this interrogatory which the Licensing Board denied on two prior occasions and once again requested that the Board refer this matter to the Commission.
For the reasons stated in the Licensee's September 25, 1978 Response to Intervenors' Joint Motion For " Reference" To the Commission and Cross Motion For Imposition of Sanctions 1
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-2 and the Board's own August 14, 1978 Order and October 24, 1978 Memorandum and Order directing Intervenors to respond to this interrogatory, the Intervenors' so-called " responses" to the Beard's October 24, 1978 Order are obviously non-responsive to either the Order or the interrogatory. -1/
1 Accordingly, GE hereby reinstates its motion for imposition of sanctions and respectfully requests that the l
~1/ The Licensing Board's October 24, 1978 Grder also in-dicated that GE "should have a further opportunity to consider the additional responses [ submitted by Inter-venors to Interrogatory Nos. 2-5) before the Board is called on to make a judgment concerning the adequacy of" Intervenors' responses to these interrogatories.
GE has completed its review of Intervenors' additional responses to these interrogatories contained in Inter-venors' October 18, 1978 Response to Licensee's Cross Motion For Imposition of Sanctions. The so-called ad-dicional responses to Interrogatory Nos. 3-5 merely reiterate Intervenors' original responses and attempt to justify Intervenors' claim that these original responses i constitute " full and complete answers." For the reasons l stated in GE's July 18, 1978 Motion to Compel Discovery, l GE's September 25, 1978 Response to Intervenors' Joint Motion For " Reference" To The Commission and Cross Motion For Imposition of Sanctions, and the NRC Staff's October 10, 1978 Response to Licensee's Cross Motion For Imposition of Sanctions, Intervenors' responses to Interrogatory Nos. 3-5 must also still be regarded as cursory, non-responsive and non-substantive.
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-3 Licensing Board immediately impose appropriate sanctions (
l upon Intervenors pursuant to 10 CFR S 2.707. -2/ l Respectfully submitted, I a
George L. Edgar Attorney for General Electric Company 0F COUNSEL Kevin P. Gallen Morgan, Lewis & Bockius 1800 M Street, N.W.
Washington, D.C. 20036 Dated: November 17, 1978
-2/ It should be noted that the Board has already given the Intervenors both a second and a third chance to comply with the NRC Rules governing the conduct of discovery and the original Board Order compelling discovery. As suggested by the NRC Staff in its October 10,1978 Response to Licensee's Cross Motion For Imposition of Sanctions, the " appropriate" sanction at this juncture is dismisaal from the proceeding. See Northern States Pcwer Co. (Tyrone 1) ; LBP-77-37, 5 NRC 1298 (197 7) ;
Public Service Electric and Gas Co. (Atlantic 1 and 2),
LBP-75-62, 2 NRC 702 (1975); offshore Power Systems (Manufacturing License for Offshore Plants), LBP-75-67, 2 NRC 813, 817 (1975). .
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In The Matter of )
) Docket No. 50-70 GENERAL ELECTRIC COMPAtIY )
) Operating License (Vallecitos Nuclear Center - ) No. TR-1 General Electric Test Reactor) T (Show Cause)
CERTIFICATE OF SERVICE Service has on this day been effected by personal delivery or fir'st class mail on the following persons:
Edward Luton, Esquire, Chairman Docketing & Service Section Atomic Safety and Licensing Office of the Secretary Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Mr. Gustave A. Linenberger Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555
-Commission Washington, D.C. 20555 Atomic Safety and Licensing i Appeal Board Dr. Harry Foreman U.S. Nuclear Regulatory Director of Center for Commission Population Studies Washington, D.C. 20555 :
University of Minnesota Minneapolis, Minnesota 55455 9
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-2 Andrew-Baldwin, Esquire Daniel T. Swanson, Esquire Friends of the Earth Office of the Executive 124 Spear Street Legal Director ,
San Francisco, California U.S. Nuclear Regulatory >
94105 Commission Lawrence Chandler, Esquire U.S. Nuclear Regulatory Commission-1717 H Street, N.W.
Washington,ED.C. 20555 Rep. Ronald-V. Delluts, M.C.
Attention: Ms Nancy Snow, A.A.
General Delivery Civic Center Station
- Oakland, California 94604 Ms. Barbara Shockley
-1890 Bockman Road San Lorenzo, California 94580 Edward A. Firestone, Esquire Nuclear Energy Divisions.
General-Electric Company 175 Curtner Avenue . i San Jose, California 95125 Mail Code 822 t' ,
AM /
yy vy :
George L. Edgar Attorney for i General Electric Company Dated: November >l7, 1978 t
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