ML19211A070
| ML19211A070 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 12/03/1979 |
| From: | Doherty J AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912170001 | |
| Download: ML19211A070 (2) | |
Text
- f)
UNITED STATES OF AMERICA December
. 1474 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
HOUSTON LIGHTING AND POWER COMPANY
) Docket No. 50-466
)
(Allens Creek Nuclear Generating
)
Station, Unit 1)
)
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JOHN F. DOHERTY'S MOTION TO CONTINUE ASPECTS OF DISCOV22Y FOR HIS COHf2NTIONS #3, 5, 6, 7, 8, and 9, BSYOND THE 45 D AY LIMIT IMPOSED OCTOBER 19th,1979.
John F. Doherty, Intervenor in the above construction license oroceedin? files this motion in order to have additional time to cerform interrogatsry discovery for his Contentions #3, 5, 6, 7, 8, and 9 on Staff and Applicant.
These five contentions were admitted earlier than the October, 1979, Special Pre-hearing conference.
The first three were admitted April'12,1979, the latter on March 19, 1979 Follosing the admission of the first four, there was a Federal Recister notice and this Intervonor filed approximately 30 contentions in response.
Ten of these were accepted at the Special Prohearing Conference in October, with four others, making this Intervenor's total twenty. Some fifteen are part of a discovery rariod which cads approximately February 24, 1980.
However the subject contentions of this motion end their discovery period on December 6,1979 This Intervenor seeks to have Interrogatory evidence gathering continue on these five contentions until January 27th, 1980.
This discovery extension would not include re-quests for Docuements nor deposition discovery from this party.
The reasons in supoort of this motion are several.
- First, the Staff has not reolied to four sets of Interrogatories from this Intervenor (See Motion to Comoel 2nclosed). Second, I have mailed several request for docuements, one with over 180 requests (See:" John F. Doherty's Ninth Request for Documents from the Commission", enciesed ) which the ailitiond time would 1594,104
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Two permit my following-up with Interrogatories and help in defining the issues.
Third, there is an indefinite moratorium on the l'.cen-sing of nuclear plants at this time with no clear certainty when it will be lifted.
While the Boarl may find this a difficult matter to judge, there is no certainty that if this Intervenor's motion is granted it will necessarily delay the procross of the proceedings at all.
Fourth, at the October 19th session of the pre-hearing canference, Applicant and Staff's request to limit discover 7 on these five contentions was granted.
Both parties had in mind all tyoes of discovery.
Here, this Intervenor re-quests only the continuation of the Interrogatory right which decreases. the burden on those two parties.
Finally, this request is made on the basis that be-tween December 8, 1979 and December 19, 1979, this Inter-venor will be tied up with exams.
Therefore the only useful time to him is after December 19th.
The last request for docuements will not be available to_him (unless.expedithd) until January 13th.
This Intervenor believes given the two weeks from January 13, 1979 to January 27, 1979 would be a reasonable time supply for usinG the documents to their full advantage.
Therefore, this Intervenor preys he be granted until January 27, 1979, the.right of Interro~atory discovery for these five. contentions.
Cocies of "JOIEI F. DOH22TY'S MOTIC:I TC COUTI::U'. A3PECTS CF DIhC072RY FOR HIS CONT 33TIOUS #3,5,6.7,8, and 9, 3IYC:~0 TH3 45 DAY LIMIT IHFOSED CCTOB2R 19th, 1979" were served first class v. S. fostal Service on the parties listed below, this 344 of December, 1979.
Sheldon J. dolfe, Esq. (MRC)
Carro Hinderstein, Esq.
Dr. E. Leonard Cheatum (URC)
Brenda dcCorkle, Tsq.
Gustave a. Linenberger (NRC)
'dayne Rentfro Stever. M. Schinki, Esq. (Staff)
David Marrack, M.D.
R. Gordon Gooch, Esq. (Applicant)
Clarence Johnson {TexPIRG}
J. Grerory Copeland, Esq. (Applicant) { pg-- bu~
hu' omit to d' Richard A. Lowerre, Esq. (Texas) 7 e
James M. Scott, Esq. (TexPIRG) dW Ic6eh J mo F
John F. ivherty b
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