ML20141N788

Response Opposing TMI Alert,Inc 860309 Request for Extension of Time to File Objections to Rept,Order on Initial Prehearing Conference & Delay of Discovery.W/Certificate of Svc

ML20141N788
Person / Time
Site:	Three Mile Island
Issue date:	03/13/1986
From:	Maupin M HUNTON & WILLIAMS, HUSTED, C.A.
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-422 CH, NUDOCS 8603180131
Download: ML20141N788 (5)

Text

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h March 13, 1986 OgMTED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ICE OF syt,., u ,

Before the Administrative Law Judge MET g , m. et In the Matter of )

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GENERAL PUBLIC UTILITIES NUCLEAR ) Docket No. 50-289(CH)

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(Three Mile Island Nuclear Station,)

Unit No. 1) )

MR. HUSTED'S ANSWER TO TMIA'S REQUEST FOR AN EXTENSION OF TIME AND FOR A DELAY OF DISCOVERY On March 9, 1986, TMIA filed requests for (a) an extension of time in which to object to the Report and Order On Initial Prehearing conference (the Report) , and (b) a delay of the discovery schedule set forth in the Report.

The first request is for an extension of time until March 12, 1986 in which to file objections to the Report.

The short answer is, TMIA ciready has until March 13, 1986.

The Report was served on March 3, 1986 by mail. TMIA therefore has the five days provided by the Report itself plus the additional five days provided by 10 C.F.R. S 2.710 in which'to file its objections.

The second request is for a delay of discovery. The Report provides for the possibility that an extension of g3%Uh P Q

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v time for discovery might be granted, but only upon a showing of " good cause" by the party requesting the delay.

TMIA has made no effort to set out any cause. TMIA simply states that "no party will be harmed by a delay." In fact,-

Mr. Husted may well be harmed by a delay. It is unlikely that he will be permitted to resume his work as a licensed operator or trainer of licensed operators or licensed training supervisor, if ever, until this proceeding has run its course. A delay in discovery is likely to result in a delay in the decision. TMIA, on the other hand, does not

-indicate how it will be harmed by going ahead with dis-covery. In addition, as we have demonstrated in Mr. Husted's Answer to TMIA's Motion to Dismiss and for stay, filed with the Commission today, it is unlikely that TMIA will prevail on the merits of the Motion to Dismiss that it filed with the Commission on February 28.

For the foregoing reasons, the TMIA request for an extension of time and for a delay of discovery ought to be denied.

Respectfully submitted, CHARLES HUSTED By 7 " 9 ,a- -- -

Michael W. Maupin, Counsel

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~3-OF COUNSEL Michael W. Maupin Maria C. Hensley HUNTON & WILLIAMS P.O. Box 1535 Richmond, Virginia 23212 Dated: March 13, 1986 f

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r March 13, 1986 0 (pgtED t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Administrative Law Judge gilf 0F SLj,;tyv

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In the Matter of )

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GENERAL PUBLIC UTILITIES NUCLEAR ) Docket No. 50-289 (CH)

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(Three Mile Island Nuclear Station,)

Unit No. 1) )

CERTIFICATE OF SERVICE I certify that copies of Mr. Husted's Answer to TMIA's Request for an Extension of Time and for a Delay of Discovery, dated March 13, 1986, was served upon the following persons today by deposit in the U.S. Mail, first class, postage pre-paid, addressed to them at the following addresses:

The Honorable Morton B. Margulies Administrative Law Judge Atomic Safety and Licensing Board Panel  !

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

. Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555  :

Attention: Chief, Docketing and Service Section j 1

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George E. Johnson, Esquiro Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ms. Louise Dradford Three Mile Island Alert 1011 Green Stroot liarrisburg, Pennsylvania 17102 Deborah D. Dauser, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Atomic Safety and Licensing Appeal Board U.S. Nucioar Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Doard Panel U.S. Nucioar Regulatory Commission Washington, D.C. 20555

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Michael W. Maupin, Counsel for Charlos ilunted Dated: March 13, 1986

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