ML20070V324

Answer Opposing Applicant Motion That Discovery Not Be Had Re Prairie Alliance 830128 Request for Documents.No Good Cause Shown Why Discovery Should Not Be Had.Supporting Statements Irrelevant.Certificate of Svc Encl

ML20070V324
Person / Time
Site:	Clinton
Issue date:	02/11/1983
From:	Foy J PRAIRIE ALLIANCE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8302170259
Download: ML20070V324 (3)

Text

. l i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENST E BOARD In the Matter of

,83 FEB 16 R0:38 ILLINOIS POWER COMPANY, _et _al. ) Docket No. 50-461 OL (Clinton Power Station, Unit 1) .j- 3 g ,. ;

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PRAIRIE ALLIANCE'S ANSWER IN OPPOSITION TO MOTION OF APPLICANTS THAT DISCOVERY NOT BE HAD Pursuant to Section 2.730(c) of the Rules of Practice of the Nuclear Regulatory Commission, Prairie Alliance responds as follows to the Motion of Applicants that Discovery Not Be Had with Respect to Prairie Alliance's Request for Production of Documents of January 28,1983 (the " Motion"),

filed by Illinois Power Company, Soyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Inc. (" Applicants"):

1. The Motion should be dismissed because Applicants have not shown good cause as to why discovery should not be had. Prairie Alliance has shown in its Answer in Opposition to Applicants' Motion for Summary Disposition of Prairie Alliance Contention VI that there remain disputed issues of fact relating to Contention VI. Moreover, all the facts and documents relevant to Contention VI remain in the possession of the Applicants and have not been made available to Prairie Alliance. Prairie Alliance is therefore entitled, pursuant to Section 2.741 of the Rules of Practice, to discovery on this material.

2. 'Ihe Motion should be dismissed because the majority of statements in its support are irrelevant or non-supportive. Paragraph 1~ simply reconfirms that. Prairie Alliance?s Request for Documents (the " Request") is for documents relevant to Contention VI, Paragraph 2 does apply to or even mention the h r.

8302170259 830211 PDR ADOCK 05000461 0 PDR

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l Request, and Paragraph 3 informs'us who signed the Request. These statements provide no information which justifies or shows good cause why discovery should not be had.

THEREFORE, the Board should dismiss the Motion of Applicants that Discovery Not be Had with Respect to Prairie Alliance's Request for Pro-duction of Documents of January 28, 1983.

Respectfully submitted, e -

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('I Je/an Foy '

Representative for:

Prairie Alliance P.O. Box 2424, Station A Champaign, IL 61820 DATED: 11 February, 1983 l

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s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of 3 ILLINOIS POWER COMPANY, e_t,al. t )

Docket No. 50-461 OL (Clinton Power Station, Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of PRAIRIE ALLIANCE'S ANSWER IN OPPOSITION TO MOTION OF APPLICANTS THAT DISCOVERY NOT BE HAD in the above-captioned proceeding have been served upon the following by deposit in the United States mail, first class, this 11th day of February,1983.

Hugh K. Clark, Esq., Chairman Philip L. Willman Administrative Judge P.O. Box 127A Assistant Attorney General Environmental Control Division Kennedysille, Maryland 21645 188 W. Randolph, Suite 2315 Dr. George Ferguson Chicago, IL 60601 Adninistative Judge School of Engineering Reed Neuman, Esq.

Howard University Assistant Attorney General 2300 Sixth Street, N.W. 500 South'Second Street Washington, D.C. Springfield, IL 62701 20059 Dr. Oscar Parish Docketing and Service Section Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission t

Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel Richard Goddard, Esq.

Office of the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission

- Washington, D.C. 20555 Charles D. Fox IV, Esq. gd kh ~

Schiff Hardin and Waite l 7200 Sears Tower 233 South Wacker Drive Randall L. Plant Chicago, IL 60606 Prairie Alliance P.O. Box 2424, Station A Atomic Safety and Licensing Board Panel

• U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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