ML20024E982
| ML20024E982 | |
| Person / Time | |
|---|---|
| Site: | Washington Public Power Supply System |
| Issue date: | 09/06/1983 |
| From: | Reynolds N DEBEVOISE & LIBERMAN, WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CPA, NUDOCS 8309080062 | |
| Download: ML20024E982 (5) | |
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00CKETED USNRC id EP -7 A9 :10 UNITED STATES OF AMERICA e
NUCLEAR REGULATORY COMMISSIO%FFICE OF SECREiL: '
00CKE-TING & SERVICf BEFORE THE ATOMIC SAFETY BRANCH AND LICENSING BOARD .
In the Matter of )
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WASHINGTON PUBLIC POWER )
SUPPLY SYSTEM ) Docket No. 50-460 CPA
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(WPPSS Nuclear Project No. 1) )
LICENSEE'S MOTION TO STRIKE INTERVENOR'S MOTION TO CCMPEL On August 1, 1983, the Washington Public Power Supply System (" Licensee") responded to intervenor's third set of interrogatories in the captioned proceeding. On August 22, intervenor filed a motion to compel a response to interrogatories 5, 6, 9 and 16. The motion further sought a more complete response to interrogatories 2, 3, 13 and
- 14. Licensee hereby moves to strike intervenor's motion to compel on the grounds that it is untimely.1 10 C.F.R. Section 2.740( f) states that a party sub-mitting a discovery request "may move the presiding 1 In submitting the Motion to Strike, Licensee does not intend to waive its opportunity to respond to the merits of intervenor's motion to compel as provided by 10 C.F.R. $2.730, and will submit such response within ten days following the Board's ruling on this Motion to Strike. Licensee further '
requests an expedited ruling on this motion to allow a prompt resolution of both its Motion to Strike and the intervenor's Motion to Compel.
8309080062 830906 PDR ADOCK 05000460 0 PDR }
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- 2-officer,.within ten (10) days after the date of response n
. . . for an order compelling a response or inspection in
- accordance with the request . . . . In addition, 10 l
',' C.F.R. Section 2.710 provides that when computing the m, .
F- j ten-day period of time, five days shall be added to such
' period if the service of notice or other paper is made by first-class mail.
.s i Licensee L'iled its responses to intervenob's third set of interrogatories on August 1, 1983, and served a L copy of thnse responses tocintervenor by first-class mail on that date; Id accordance with Sections' 2.740( f) and
,-- 2.710 of theNRC Rules'oIf Practice, intervenor should have
- g filed its motion to compel within the next. fifteen-day, g '
y+ . periba, . viz. , ,by August 16, 1983. Instead, intervenor
!. filed its motion six days later, on August 22'. >
e As a participant in this proceed'ing, inter'venor has
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~an obligation to satisfy fully all requirements of,the NRC Rules of Practice, including filing discovery requests and, motions in a timely manner.and in accordance with the I Rules of Practice.2 By filing its motion to compel well
'after the deadline without offering.an explanationas to 1
2 "See Cincinnati Gas Electric Co.-(William!H. Zimmer Nuclear Power Station, Unit No. 1), May 10, 1983 Memorandum'and Order,
., slip op.,at'5; Duke Power Co.. (Perkins Nuclear Station, Units
. "' 1, 2, and 3), ALAB-615,'1,2 NRC 350, 352 (1980), quoting from Houston Lighting and Power Co. (Allens Creek Nuclear
_ , _ _ Generating Station, Unit 1), ALAB-609, 12 NRC 172, 173'n. 1
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, (1980).
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i Why the pleading was untimely, and without requesting permission from the Board to file such an untimely plead-ing, intervenor has failed to satisfy this obligation.
L Accordingly, in light of the foregoing, Licensee moves that intervenor's motion to compel be stricken as
! untimely.3 f
Respec u 1( submitted, i'
b i 4/
Nichol Sg Reynolds Sanford .f' artman DEBEVGk E F LIBERMAN i :
l 1200 5 entdenth St., N. W.
! Washington, D. C. 20036 (202) 857-9817 Counsel for Licensee 4
September:6, 1983 i ,
a f
l l 3 At page 4 of'its motion to compel, intervenor requests that l
this proceeding be suspended to allow it to file a request, pursuant to the Freedom of Information Act ("FOIA"), with the' Bonneville Power Administration. To the extent this extraordinary request constitutes a formal motion to suspend
- the' proceedings, Licensee submits it should be denied.
Intervenor could have filed its FOIA request with BPA months ago when it first raised-as an issue in this proceeding the I
role of that agency. Yet, for reasons known only to itself,
.intervenor did not do so. Moreover, the Board in its July 11, 1983 Order adopted intervenor's proposed extended schedule for the proceeding. This schedule provides intervenor with i several additional months'during Which it could file its Freedom of Information Act request.. 'In short, intervenor has failed to provide any justification in support of its request to suspend this proceeding; 'Accordingly, such request should be denied.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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- BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
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WASHINGTON PUBLIC POWER ) Docket No. 50-460 CPA SUPPLY SYSTEM- )
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(WPPSS Nuclear Project No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing
" Licensee's Motion to Strike Intervenor's Motion to Compel" in the captioned matter were served upon the following persons by deposit in the United States mail, first class, postage prepaid, this 6th day of September, 1983:
Herbert Grossman, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Board
- ' Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington D.C. 20555 Washington, D.C. 20555 Mitzi A. Young, Esq.
Mr. Glenn O. . Bright Office of the Executive Atomic Safety and Licensing Legal Director Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety and Dr. Jerry Harbour Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555
Mr. Gerald C. Sorensen Nicholas D. Lewis, Chairman Manager of Licensing Energy Facility Site Washington 9ublic Power Evaluation Council Supply System State of Washington 3000 George Washington Way Mail Stop PY-ll Richland, Washington 99352 Olympia, Washington 98504 Mr.-Scott W. Stucky Mr. Eugene Rosolie Docketing & Service Branch' Coalition for Safe Power U. S. Nuclear Regulatory Suite 527 Commission 408 South West 2nd Washington, D. C 20555 Portland, Oregon 97204 L u < !L n Efa~nfgrd L. Harthan l
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