ML19253C933
| ML19253C933 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 12/04/1979 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | HOUSTON LIGHTING & POWER CO. |
| References | |
| NUDOCS 7912120385 | |
| Download: ML19253C933 (3) | |
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euw UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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d 6 go)N THE ATOMIC SAFETY AND LICENSING BOARD g$
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egYb Sheldon J. Wolfe, Esquire, Chaiman Dr. E. Leonard Cheatum, Member J
4 Gustave A. Linenberger, Jr., Member In the Matter of
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HOUSTON LIGHTING AND POWER COMPANY Docket No. 50-466 CP
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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ORDER RE: APPLICANT' S MOTION TO DISMISS INTERVENORS BRENDA A.
MC CORKLE AND CARR0 HINDERSTEIN (December 4,1979)
On November 9, 1979, pursuan'. to 10 C.F.R. 5 2.707, Applicant filed a Motion To Dismiss Intervenors Brenda A. McCorkle and Carro Hinderstein As Parties To This Proceeding.
Neither Ms. McCorkle nor Ms. Hinderstein responded to the instant Motion.
On November 23, 1979, Mr. John Doherty filed a Response in opposition and, on November 29, 1979, the Staff filed a Response which opposed Applicant's Motion insofar as it relates to Ms. Mc Corkle.
The events leading to the filing of the instant Motion are as follows:
On July 3, 1979, Applicant served a second set of interrogatories and request for production of documents on each intervenor.
Neither Ms. McCorkle nor Ms.
Hinderstein responded.
After Applicant filed a motion to compel on August 2, 1979, to which neither intervenor responded, on August 27, 1979, the Board issued an order granting the motion to compel.
Therein, we directed that each intervenor should provide complete answers to Applicant's interrogatories of July 3,1979 within ten days after the service of the order. Ms. Hinderstein never responded to the Board's August 27th Order.
While Ms. McCorkle filed 1536 095 G
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. answers to the second set of interrogatories on September 6, 1979, because of a number of deficiencies therein, Applicant filed a Motion To Compel Further Answers From Intervenor McCorkle on September 14, 1979. On October 5, 1979, the Board issued an order partially granting the motion, and directed that Ms.
McCorkle respond within fourteen days after service of the Order. Ms. Mc Corkle failed to respond by the due date of October 24th.~1/
On or before December 17, 1979, Ms. McCorkle and Ms. Hinderstein individually are directed to answer the following questions:
1.
Do you want to remain as a party intervenor in this proceeding?
2.
Do you want to pursue each of your contentions? If not, which contentions do you want to pursue?
3.
What were your reasons for not complying with the Board's order to you compelling you to respond to discovery?
4.
If given the opportunity, would you comply promptly with the Board's orders to you compelling responses to discovery requests?
If these two intervening parties' fail to submit satisfactory answers to the Board's questions by the aforementioned due date, they will be dismissed as parties pursuant to 10 C.F.R. 5 2.707. See Northern States Power Company, et. al. (Tyrone Energy Park, Unit 1), LBP-77-37, 5 NRC 1298 (1977); Public Service Electric and Gas Company (Atlantic Nuclear Generating Station, Units 1 and 2), LBP-75-62, 2 NRC 702 (1975).
1/ While Ms. McCorkle did file answers to Applicant's third set of interroga-tories on November 13, 1979 (said answers had been due on October 8, 1979), she has not filed answers to certain interrogatories set forth in Applicant's second set of interrogatories as directed in our Order of October 5,1979.
. The Board will defer ruling upon Applicant's Motion To Dismiss until after the aforementioned due date of December 17, 1979.
FOR THE ATOMIC SAFETY AND LICENSING BOARD HON Sheldon J. Wolfe, Esquire Chairman Dated at Bethesda, Maryland this 4th day of December,1979.
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