ML20090H427

Motion to Continue Beginning Date of Hearings Scheduled for 831031 to 3 Days After Date.Extended Hearing Necessary to Allow Time to Receive Responses to 831011 Discovery Requests.W/Certificate of Svc

ML20090H427
Person / Time
Site:	Midland
Issue date:	10/26/1983
From:	Bernabei L GOVERNMENT ACCOUNTABILITY PROJECT, STAMIRIS, B.
To:	Atomic Safety and Licensing Board Panel
References
78-389-03-OL, 78-389-3-OL, 80-429-02-SP, 80-429-2-SP, ISSUANCES-OL, ISSUANCES-OM, ISSUANCES-SP, NUDOCS 8310280145
Download: ML20090H427 (6)

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UNITED STATES OF A) ERICA NUCLEAR REGULATORY C019 FISSION

' 00CKETED ATOMIC SAFETY AND LICENSING BOARD USNRC 5 00T 27 M2:i9 CFFICE OF SECE3p 00CKETittG & senn:..

ASLBP Nos 78;389-03 OL 80-429-02 SP

)

In th'e Matter of )

Docket Nos 50-329 OL

)

50-330 OL CONSUMERS ~ POWER COMPANY )

(Midland Plant, Units 1 and 2) s - 29 0

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'INTERVENOR BARBARA STAMIRIS' MOTION TO CONTINUE HEARING Intervenor Barbara Stamiris moves to continue the beginning date of the hearings now scheduled to begin on October 31, 1983, to three days after such date as the

~ Nuclear Regulatory Commission ("NRC") Staff and Consumers Power Company (" Consumers")

- have answered intervenor's discovery requests on the Supplemental Office of Investigations

, Report.

I. BACKGROUND On October 11, 1983, Mrs. Stamiris filed discovery requests directed to the NRC .

1 Staff and Consumers. In accordance with this Atomic Safety and Licensing Board's

(" Licensing Board") leave, Mrs. Stamiris requested that all discovery requests be caswered in full by October 21, 1983.

As of ~this date, Mrs. Stamiris has not received any discovery responses from the from the NRC Staff and has been informed by Consumers that she cannot expect to receive any . documents prior to. the start of the hearing. It is unclear whether she will receive Consumers' answers to interrogatories prior to the start of the hearing.

II. INTERVENOR BARBARA STAMIRIS CANNOT PREPARE FOR THE HEARINGS NOW SCHEDULED i TO BEGIN ON OCTOBER 31, 1983 UNTIL RECEIPT OF THE DISCOVERY RESPONSES.

i In order to expedite discovery intervenor's counsel telephoned Consumers' O DR

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' Washington counsel Fred Williams on October 11, 1983, in order to offer to hand-deliver a copy of ~ the discovery requests -if Consumers wished. Mr. Williams was not in the office, according to his secretary because of illness. Intervenor's counsel than returned Consumers' attorney Philip Steptoe's call in Chicago. Mr. Steptoe, however, had already left his office for the day. When intervenor's counsel spoke to Mr. Steptoe

- on the morning of October 12, 1983, she specifically asked him if he wished-a copy of the discovery requests to be hand-delivered to Isham, Lincoln & Beale's Washington i-

! office. Mr. Steptoe indicated that Mr. Williams was still ill that day and that hand-t delivery was not necessary. Therefore, Consumers' representation in its Objections to Interrogatories and Document Production Requests of Barbara Stamiris, at 3 n.1, is incorrect in implying that intervenor made no efforts to get the requests in applicant's hands earlier than October 14,. 1983.

i' On October 20, 1983,. intervenor received a copy, through the mail, of Consumers'

-Objections to Interrogatories and Document Production Requests of Barbara Stamiris.

l She did not receive any documents or responses to interrogatories; nor was she informed of the date by which she would receive these documents or responses. On October 21, 1983, intervenor's counsel telephoned Judge Bechhoefer to ask, given the short time remaining before the hearing, how she might handle discovery disagreements between Mrs. . Stamiris 4

and Consumers. Judge Bechhoefer suggested that the parties attempt to settle as many outstanding disagreements as possible through negotiation.

Af ter initiation of a telephone call to a Consumers' attorney on October 21, 1983, intervenor's counsel and Consumers' counsel negotiated on October 24, 1983, to settle outstanding discovery disputes.

On October 25, 1983, intervenor filed a motion to compel Consumers to answer a small number of interrogatories and document requests.

On October 25, 1983, intervenor's counsel was also informed by Jim Brunner, Consumer's counsel, that Consumers would not produce any responsive documents in Washington, but only in Midland, Michigan. Intervenor's counsel protested that she would not be able to review the documents prior to the start of the scheduled hearing 1

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l if' they were made available only in Midland.

Mr. Brunner also informed intervenor's counsel.that he would file answers to '

l interrogatories on October 26, 1983, but would not attampt to deliver the answers to l l

the interrogatories in .an expedited manner-since he had heard that the NRC staff -did l not intend to answer intervenor's discovery requests. In addition, Mr. Brunner said

. he heard a rumor that Region III and the NRC Staff had refused to ansiter most of Mrs.

i Stamiris' discovery requests.

, on October 24, 1983, intervenor's counsel spoke to Nathene Wright to ask about the date by which the NRC Staff would respond to intervenor's discovery requests. Ms.

j' Wright informed her that the NRC Staff intended to file a' request by early afternoon on October 25, 1983. Ms. Wright also. said she would telephone intervenor's counsel when the responses were ready so that intervenor's counsel could pick them up.

'Intervenor's counsel telephoned Ms. Wright twice on October 25, 1983, and asked l

that Ms. Wright return the phone calls. Ms. Wright returned neither phone call.

On October 26, 1983, in speaking to NRC Attorney William Paton, intervenor's counsel asked about the status of the NRC Staff's discovery responses. Mr. Paton said he would refer' the question to Ms. Wright.

Ms. Wright called intervenor's counsel to

. tell her ,that the response was not ready but that she would call to inform her when

.the NRC Staff responses were ready.

In addition, Ms. Wright would not detail the interrogatories or document requests to which the Staff had objected. She said that the NRC Staff responses "would speak for themselves." She would also not confirm or deny Mr. Brunner's statement that Region III had refused to answer numerous questions.

As a' result of the failure of Consumers and the NRC Staff to answer her timely discovery requests, Mrs. Stamiris is lef t in the untenable position of having absolutely no discovery prior to the start of the hearings, now scheduled for October 31, 1983.

In addition, Consumers has refused to provide documents in the only location where intervenor's counsel could be expected to have access to them - Washington, D.C.

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Moreover, Mr. Williams was in' Jackson, Michigan, and participated in the negotia-tions between intervenor and Consumers about their discovery disputes. Therefore, Mr. Williams was in the position to bring to Washington all those documents 'w'aich-Co'nsumers had determined were responsive to Mrs. Stamiris requests when he himself

. i returned to Washington from Jackson. i Therefore, it appears that Consumers is deliberately' withholding from intervenor those documents which it has agreed to produce until the first day of the hearing, October 31, 1983, As. of the time of the writing of this motien, the NRC Staff has not notified intervenor of the time by which it expects to respond to Mrs. Stamiris'

,_ discovery requests or of the objections it will make to Mrs. Stamiris' discovery requests.

s III. CONCLUSION In light of the foregoing, Mrs. Stamiris believes that if the hearings commence on October 31, 1983, she will be denied her due process rights to a fair and equitable discovery process and her right to prepare for the hearings on the alleged violation cf the Board Order.

Therefore, she respectfully requests a continuance of the hearing until three days af ter such date as she receives responses to her discovery requests filed inn, October 11, 1983.

Respectfally submitted, 7

p%iA1W A L LYNN BERNABEI GovEr ent Accountability Project f the Institute for Policy Studies 1901 Que Street, N.W.

Washington, D.C. 20009 (202) 234-9382 Counsel for Intervenor DATED: October 26, 1983 Barbara Stamiris

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UNITED STATES OF AMERICA NUCLAAR REGUIATORY COMMISSICM Before the Atomic Safety and Licensing Board

',e In the Matter of: ) Docket Nos. 50-329-OL

. ) 50-3304E, CONSUMERS POWER COMPANY ) 50-329-006

) 50-3304M8 (Midland Plant, Units 1 and 2) ) ,

)

CERTIFICATE OF SERVICE I hereby . certify that copies of tN foregoing INTERVENOR BARBARA STAMIRIS' MOTEN TO C0HTINUE HEARING ~ _ _ _

were l ,

mailed, proper postage prepaid, thies 26thday of Octohar, 1983, tot i *td urles Bechhoefer, Eug. Frank J. Enlley Jdministrative 7eigs

• Attormr/ General State of MLchigan

( Atomic Safety and Licensing Board Staward H. Fresnan U.S. Nuclear Regulatory Cannission Assistant Attorney General m shingtcm, D. C. 20555 / mvircrnental Protection DLvisica 525 W. Ottam Street, 720 Imw Building

• • Dr. Jerry Barbour , Iansing, Michigan 48913 Jaministrative Judge Atomic Safety and Licumming Board 2 . mry Sinclair U.S. Nuclear Regulatory Oczmission i 5711 Sumerset Street m ahingten, D. C. 20555 MLoland, ML&igen 48640 Dr. Frederick P. Oman m . Barbara S& W =

Administrative Judge 5795 N.= River . .

6152 N. Verde Trah, Jpt. 3-125 Freeland, MLchigan 48623 Boca Ratm, Florida 33433 -

Mandell H'. Marshall, President James E. Ennner, mg. Mapleton Intervances Cbnsumers Power Canpaqr EFD 10 ,

212 Mest Michipn Avenum Midland, Michigan 40640 i Jackson, Michigan 49201

• Docketing and Service Section -

U.S. Nuclear Regulatory Ozimission Washingtcm, D. C. 20555 l 1

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p M. C-ei, P.C.

poter r2rnn, P.C.

cherry a r2r m Stree First National Plaza .

maits 3700 - )

i N v , Illinois 50s02 I cAtomic Safety and Licensing Board -

U.S. Nuclear Regulatory Ocuri==4an ,

m shington, D.'C. 20555

• atade safety and Licensing ,

4 peal Panel -

v.s. Nucinar megulatory Ocmdasica mahington, D. C. 20555

~

Steve J. Gadier, P.C.

2120 Oirter Avenue St. Paul, Mi 55108 ,

on Frederick C. MLiliams, Esq.

Isham, Lincoln s man 1=

1120 comecticut Avenue, N.N.

Washington, D.C. 20036 Mllian D. Paton, Esquire Office of hecutive Imgal Director ,

U.S. Nuclear Regulatory camnission mshington, D. C. 20555

(

I Philip Steptoe Isham, Lincoln and Beale Counselors at Law -

One First National Plaza - -

Forty-Second Floor , ,

Chicago, IL 60603 l CDelivered through the NRC internal mails.

• • Hand-Delivered '

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