ML20149H668

Memorandum & Order (Partially Granting Susquehanna Valley Alliance/Tmi Alert Motion for Extension).* Board Will Notify Licensee & Staff When Respective Motions for Summary Disposition Should Be Filed.Served on 880218

ML20149H668
Person / Time
Site:	Three Mile Island
Issue date:	02/17/1988
From:	Wolfe S Atomic Safety and Licensing Board Panel
To:
References
CON-#188-5620 87-554-04-OLA, 87-554-4-OLA, OLA, NUDOCS 8802220046
Download: ML20149H668 (3)

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USMC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 88 FEB 18 NI 27 ,

ATOMIC SAFETY AND LICENSING BOARD FFICE 07 5EditiC OCKETM A '2ERvlCf.

BRANCH Before Adn'inistrative Judges:

Sheldon J. Wolfe, Chainnan 4 Oscar H. Paris SERVED FEB 18198g G1ern 0. Bright In the Matter of Docket Nos. 50-320-OLA

) (Disposal of Accident-GENERAL PUBLIC UTILITIES NUCLEAR GeneratedWatel-)

CORPORATION, et al. -

(ASLBP No. 87-554-04-OLA)

(Three Mile Island Nuclear Station, Unit 2) February 17, 1988 MEMORANDUM AND ORDER (Partially Granting SVA/TMIA Motion For Extension)

MEMORANDUM

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On January 31, 1988, Joint Intervenors filed a motion for extension of tirne for discovery from the present due date of February 22 to April 16, 1988. In responses of February 10 and February 12, 1988, the Licensee and th: Staff respectively filed responses opposing the granting of the motion.

The representative for the Joint Intervenors asserts that the extension is needed in that she relies upcn volunteers to assist her in this case which involves numerous contentinrs and complex issues, and indicates that she may submit interrogatories supplementing those served I

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t on February 7, 1988. We are troubled by this assertion because, in the Statement Of Policy On Conduct Of Licensing proceedings, CLI-81-8, ,

13 NRC 452, 454 (1981), the Comission stated:

Fairness to all involved in NRC's adjudicatory procedures requires that every participant fulfill the obligations imposed by and in accordance with applicable law and Comission regulations. While a board should endeavor to conduct the proceeding in a manner that takes account of the special circumstances faced by any participant. the fact that a party may have personal or other obligations or possess fewer resources than others to devote to the proceeding does not relieve that party of its hearing obligations.

However, we do not appreciate the Licensee's and the Staff's observation that Joint Intervenors waited an overly long time before serving their interrogatories on February 7, inasmuch as the Licensee and the Staff respectively did not serve their interrogatories until January 29 and February 1,1988. Accordingly, we partially grant the Joint Intervenors' motion because, on the one hand, we recognize that the issues are both 1

important and complex and because, on the other hand, we are dedicated to expediting the resolution of this case.

ORDER

1. Joint Intervenors' motion for extension of time for discovery is partially granted in that Joint Intervenors, who will be served on February 22, 1988, with the Licensee's and the Staff's answers to the l first set of written interrogatories and requests for production of documents, shall have until March 15, 1988 within which to serve

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4 supplemental interrogatories and requests for production of documents, and the Licensee and Staff shall respond within 14 days after service.  ;

2. In the alternative, by no later than March 4,1988, a determination not to file supplementary interrogatories and requests for production of documents shall be made known by the Joint Intervenors to the Board and to the other parties in a telephonic cenference call or in telegrams.

3. In light of the letters from the Staff and the Licensee respectively dated January 22 and January 29, 1988, at the appropriate time in a subsequent Order, the Board will notify the Licenses and the Staff when they shall file their respective motions for summary disposition.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

,fla_. L U WL

, heldon J. pblfe Chii'rman ADMINISTRA M /E JUDGE  !

l Dated at Bethesda, Maryland  :

this 17th day of February,1988.

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