ML18192A834
| ML18192A834 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 08/08/1975 |
| From: | Norton B Arizona Electric Power Cooperative, Arizona Public Service Co, El Paso Electric Co, Public Service Co of New Mexico, Salt River Project Agricultural Improvement and Power District, Snell & Wilmer, Southern California Edison Co |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| Download: ML18192A834 (8) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
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ARIZONA PUBLIC SERVXCE COMPANY ) Docket Nos. STN 50-528 et, al. ) 50-529
) 50-530 (Palo Verde Nuclear Generating )
Station, Units 1, 2 and 3) )
MOTION TO COMPEL DISCOVERY Pursuant to Section 2.730 of the Rules of Practice and the Federal Rules of Civil Procedure Applicants hereby move the Atomic Safety Licensing Board to enter its order compelling T'h4 hVethtlh't+
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e v)4la vJJ ca) 'Lemm a%4lss 1 A r 'sv f 61, 62, 64 and 65, all as propounded to Intervenor ACEC on April 25, 1975. Additionally, Applicants request that this Board enter its Order compelling Xntervenor ACEC to produce those documents set forth in Applicants'equest for Production which was served upon Intervenor Arizona Clean Energy Coalition on July 21, 1975, and which is attached to this motion as Exhibit A. This motion is based upon the attached Memorandum of Points and Authorities which by this reference is incorporated herein.
DATED this day of August, 1975.
SNELL 6 WILMER By .
Bruce Norton 3100 Valley Center Phoenix, Arizona 85073 Attorneys for Applicants
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MEMORANDUM OF POINTS AND AUTHORITIES On April 25, 1975, Non-Uniform Interrogatories Nos. 1 through 65 were served on Intervenor ACEC by Applicants. Those I
Interrogatories, with the exceptions of Nos. 40, 61, 62, 64, and 65 were answered on June 12, 1975. The Interrogatories that were r
not answered, with the exception of Interrogatory No. 40, went to the names of witnesses, both expert and lay, and exhibits intended to be used by Intervenor at the hearing in this matter.
Interrogatory No. 40 requested .that Intervenor state each and every .fact upon which they base their contentions that they Appli-cants had failed to discuss adequately the adverse impacts of the deposition of salt and'eavy metals 'from cooling tower plumes.
As respects the furnishing of witnesses and exhibits
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'l'4 Vlkbt were >>ad w~t<<.Intel venor ACEC s counsel(
Barbara Fisher, who informed applicants'ounsel that names of witnesses and exhibits would be furnished to applicants by no later than August 1, 1975. However, on August 1, 1975, a letter was received from Intervenor's counsel, attached hereto as Exhibit B, stating that no commitments had been received from any witnesses yet and that names of witnesses would be furnished when available.
Nothing was stated in. the letter as respects exhibits which, in light of Intervenor's response to the Request for Production, is most peculiar.
Xn the Response to Request for Production, which is attached hereto as Exhibit C, Intervenor ACEC states:
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- 1. The entire file of documents which have been used'y the Arizona Clean Energy Coalition to Support its contentions comprise a vast amount of material. This material is located at the Environment Center, 745 East 5th Street, Tucson, Arizona, and will be made available to petitioner upon request. It is not feasible to transport all this material to Phoenix.
'I Applicants are most puzzled by the fact that Intervenor ACEC is unable to answer Interrogatories regarding exhibits on the basis that the requested information is "not established at this date" and yet are able to respond to a Request for Production of docu-ments by implying they have too many documents to produce. Addi-tionally, it is Applicants'nderstanding, that Intervenor ACEC does not have equipment necessary to copy the documents requested to be produced, a right of Applicants under the Federal Rules of Civil Procedure.. 3~
In addition to the above facts, counsel for the Nuclear Regulatory Commission Staff, Intervenor ACEC, and Applicants had agreed that discovery in this matter would be concluded by approx-imately mid-September, 1975. This agreement was reached upon the basis that the final environmental statement is expected to be published on or about August 15, 1975 and it is hoped that hearings could be started around October 13, 1975. In light of these dates the failure of Intervenors to answer Interrogatories, especially as to their witnesses and exhibits, and to furnish exhibits pur-suant to a proper Request for Production seriously inhibits the Applicants'bility to prepare for the hearing, both in terms of preparing direct written testimony, cross-examination and rebuttal.
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Applicants respectfully submit that this Board should order Intervenor ACEC to answer Interrogatories Nos. 40, 61, 62, 64, and 65 within a date certain in the immediate future. Like-wise, Applicants respectfully urge this Board to enter its order requiring Intervenors to produce for inspection and/or copying at the law offices of Snell 6 Wilmer, as originally requested in the Request for Production, dated July 21, 1975, those documents alluded to in paragraph No. 1 of Intervenor ACEC's Response to Request for Production.
Respectfully submitted, SNELL & WILMER By'ruce Norton attorneys fox Applicants
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