ML18025A024
| ML18025A024 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 10/10/1979 |
| From: | Silberg J Pennsylvania Power & Light Co, Shaw, Pittman, Potts & Trowbridge |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| Download: ML18025A024 (8) | |
Text
~ g UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safet and Licensin Board In the Matter of PENNSYLVANIA POWER 6 LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE, ZNC.
(Susquehanna Steam Electric Station, Units 1 and 2)
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Docket Nos.
50-387
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50 88
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APPLICANTS'NSWER'IN SUPPORT OF "MOTION OF NRC STAFF FOR DISMISSAL OF CITIZENS AGAINST NUCLEAR DANGERS FROM THIS PROCEEDING FOR FAILURE TO COMPLY WITH THE LICENSING BOARD'S ORDER DATED AUGUST 24, 1979" On September 25, 1979'he NRC Staff filed a motion requesting that the Licensing Board dismiss Citizens Against Nuclear Dangers from this proceeding.
The motion also requested that the Licensing Board dismiss Contentions 10, 16 and 17 as issues in this proceeding since these contentions were "raised solely or essentially by CAND alone".
Staff Motion, p. 5.
The Staff pro-posed that the dismissal order be stayed for a fixed period to allow CAND to comply with the Licensing Board's August 24, 1979 Memorandum and Order compelling discovery.
Applicants support the Staff's motion and the relief which it requests.*
- Applicants believe that, in addition to Contentions 10, 16 and 17, the chlorine issue in Contention 2 was also "raised solely or essentially by CAND alone" and should therefore also'be dis-missed as an issue in this proceeding.
The factual background for the Staff's motion is adequately set forth therein.
There are, however, additional facts which support the relief which the Staff requests.
These are based on CAND's failure to comply with the Licensing Board's August 24,
- 1979, Memorandum and Order as it applied to Applicants'iscovery requests to CAND.
Zn accordance with the discovery schedule established in the Special Prehearing Conference Order (March 6, 1979), Applicants" on May 25,
- 1979, served interrogatories and requests for production of documents on CAND.
As noted in the Licensing Board's August 24, 1979 Memorandum and 'Order, CAND's June 16, 1979 response* in effect, declined to answer Applicants'iscovery requests.
On June 27, 1979, Applicant filed a motion to compel discovery; that motion was granted by the August 24, 1979 Memorandum and Order.
Xn response to the Licensing Board's August 24, 1979 directive, CAND has filed a series of pleadings.**
Taken together, CAND's responses fail to respond fully and properly to Applicants'is-covery requests or to file particularized, specific objections.
- "Citizens Against Nuclear Dangers'otion for Board Ruling on Revision of Preliminary Timetable".
- "Citizens Against Nuclear Dangers (Citizens)
Appeal Before the NRC Appeal Board Panel Pertaining to the Licensing Board's
'Memo-randum and Order on Scheduling and Discovery Motions', dated August 24, 1979", filed August 30, 1979; "Citizens Against Nuclear Dangers Supplemental Appeal with Particular Objections, Before the Atomic Safety and Licensing Appeal Board Panel", filed September 1,
1979; "Citizens Against Nuclear Dangers
Response
to tne Licensing Board Directive, Contained within Additional Briefs to the Appeal Board", filed September 10, 1979.
- Instead, CAND characterizes the discovery requests as "outlandish".
CAND September 10, 1979
- Response, p.
1.
Although CAND states that it is "knowledgeable on certain topics, enough to make factual statements under oath, that can be defended under cross-examina-tion",
CAND says that it will "submit concise direct testimony on their contentions at the public hearings--extemporaneously".
CAND September 10,'979
- Response, p.
2.
CAND has therefore refused to comply with the explicit require-ment set forth in the August 24, 1979 Memorandum and Order, not-withstanding the Licensing Board's warning that Failure to answer discovery requests adequately is sufficient ground for us to take steps as drastic as dismissal of a contention or of a party from the proceeding.
Gee 10 CFR 552.707, 2.718.
Memorandum and Order, p.
7.
The Licensing Board's authority to dismiss a party and its contentions from the proceeding for failure to adequately comply with discovery requests is clear.
- See, e.cC.,
Duke Power Co.
(Amendment to Materials License SNM-1773), Docket No. 70-2623, "Order Dismissing Carolina Action As An intervening Party" (Hay 23, 1979);
Ohio Edison Co.
(Erie Nuclear Plant, Units 1 and 2),
Docket Nos.
STN 50-580, 50-581, "Order to Show Cause Relative to Dismissal" (March 12, 1979);
Ohio Edison Co.
(Erie Nuclear Plant, Units 1 and 2), "Order Relative to Applicants'otion for Dis-missal of Certain Contentions and the Coalition's Motion for Additional Time" (April 20, 1978); Northern States Power Co.
(Tyrone Energy Park, Unit 1), LBP-77-37, 5
NRC 1298 (1977);
Offshore Power S stems (Manufacturing License for Floating Nuclear Power Plants),
2 NRC 813 (1975); Public Ser-
vice Electric and Gas Co. (Atlantic Nuclear Generating Station, Units 1 and 2), LBP-75-62, 2
NRC 702 (1975);
Du uesne Li ht Co.
(Beaver Valley Power Station, Units 1 and 2), Docket. Nos.
50-334, 50-412),
"Order Determining Intervenors'efault and Dismissing Contentions 8 and 9" (January 11, 1974).
As the Licensing Board in Offshore stated A party may not insist upon his right to ask questions of other parties, while at the same time disclaiming any obligation to respond to questions from those other parties.
LBP-75-67, 2
NRC at 817.
As was the case in Offshore, it would appear that CAND has no intention of properly responding to the Applicants'iscovery requests nor of complying with this Board '
Order compelling such response.
Id.
Under such circumstances dismissal of CAND as a party, and dismissal of CAND's contentions, is the appropriate remedy.
Respectfully submitted, SHAW, PITTNAN, POTTS
& TROWBRIDGE By Jay. '. Silberg 18 0
M Street, N.
W.
Wa
- ington, D. C.
20036 (202)331-4100 Dated:
October 10, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PENNSYLVANIA POWER 6 LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE, INC.
(Susquehanna Steam Electric Station, Units 1 and 2)
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Docket Nos.
50-387
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50-388
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CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Applicants'nswer in Support of "Motion of NRC Staff for Dismissal of Citizens Against Nuclear Dangers From This Proceeding for Failure to Comply With the Licensing Board's Order Dated August 24, 1979" were served by deposit in the U.
S. Mail, first class, postage prepaid, this 10th day of October, 1979, to all those on the attached Service List.
Dated:
October 10, 1979 Jay E. Silberg
UNl:TK3 STAR S
OF B~ZZCX HUCLEAR REGULATORY CQMMZSSZQH Br "ORZ ~
ATOMZC SB~ZTY A TD LZ~SMG BOARD Tn Ze Matter of PZ~ii S LVM~K PQnER and
~~GZ~~H ZLZCTRZC (Suscruehanna Steam Units 1 and 2)
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& LZG"Z CQMPAH
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CQOPZRATZVZI ZHC.
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Elec -ic S~~tion,
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Docket Hos.
50-387 50-388 SERVICE Secreta'f the Comm'sion U. S. Huclear Regulatory Commission Has~gton, D. C.
20555 Cha les Bechhoe o
, Esca're ChaI man om c Safety a'lc ~Icensing Board P aIlel U.
S. Huclear Regulatory Commission 1
-.hing on, D. C.
20555 Mr. Glenn O. Bright Atom'c Safety and Licensing Boa a Panel U. S. Huclea Regulatory Commission Hashington, D. C.
20555 Dr. Oscar E. Paris Atomic Safety and L'censing Board Panel U. S. Huclear Regulatory Commission Hashington, D. C.
20555 Atomic Safety and Licensing Board Panel U. S. Huclear Regulatory Comm'ssion Nash'~gton, D. C.
20555 Atomic Sa ety and Licensing Appeal Board Panel U. S. Huclear Regulatory Commission Hashington, D. C.
20555
.s M. Cutch~,
ZV, Zsaui e
Orr'ice o the Executive Legal Di=ec or
'U.
S. Huclear Regulatory ComnLLssion Hashing on, D. C.
20555 Docket g and Service Sec~on Office of ~ Seer U. S. Huclear Regula ory Commiss'ashing on, D. C.
20555 Dr. Judith F. Johnsrud Co-0 rectox Znvmonmen al Coa'.-'
on on Huclea Powe 433 Orlando Avenue Sm'e College, Pennsylvania 168 Suscuehanna Znv~=or~ental Advoca c/o Geralc Schul"z, Zscu'00 South River Street Hilkes-Ba xe, Pennsylvania 1870 M s.
Zrene Lemanowicz, Chairman The C'ize s Against Huclear Dang Post Office Box 377 R.
D.
1 Berwick, Pennsylvania 18603 Ms. Colleen Marsh 558 A, R. D.
4 Mt. Top, Pennsylvania 18707 Mr. Thomas M. Gerusky, Di=ec or Bureau of Radiation Protection DeaarMen of Zrvironmental Resour Commonwealth of Pennsylva ia P.
O.
Box 2063 Harr'shurg, Pennsylvania 17120