ML19256E293

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Order Granting Jf Doherty 790830 Motion to Compel Apr 1977 NEDO-20566,Amend 3 & 1971 NEDO-10329 from Applicant. Documents May Be Relevant to Contention 7
ML19256E293
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 09/24/1979
From: Wolfe S
Atomic Safety and Licensing Board Panel
To: Doherty J
DOHERTY, J.F.
References
NUDOCS 7911020061
Download: ML19256E293 (2)


Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION fl.

79 THE ATOMIC SAFETY AND LICENSING BOARD S

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In the Matter of

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HOUSTON LIGHTING AND POWER COMPANY

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Docket No. 50-466 CP (Allens Creek Nuclear Generating Station, Unit 1)

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ORDER (September 24, 1979)

Under date of July 11, 1979, Mr. John F. Doherty, an intervening party, requested that Applicant make available certain documents, including NED0-20,566, Amencment #3, April,1977, and NED0-10,329 (1971).

On July 17, 1979, Mr. Doherty requested that Applicant make available certain documents, including (for the second time) NED0-10,329 (1971) and including Supplement No.1 to Technical Report on Densification of General Electric Reactor Fuel, December 14, 1973.

In its Response of "ugust 10, 1979, Applicant objected to the production of A

these three documents because they were unrelated to any admitted contention.

On August 30, 1979, Mr. Doherty filed a Motion To Compel Discovery, stating that these three documents were relevant to his Contention 7 which had been admitted in our Memorandum and Order of April 11, 1979.

In its Response of September 14, 1979, Applicant urged once again that the two NEDO documents did not relate to any admitted contention, but agreed to make available the requested third document identified above.

The Motion To Compel is granted with regard to production of the two NEDO documents. We liberally construe our discovery rules (e.g. 5 2.740) and give broad application to the concept of relevancy. We follow 3 more liberal standard 1257 301:

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2 as to relevancy i' order to secure full disclosure of the facts, and, after a review of the arguments, we cannot conclude that the two NEC0 documents are totally irrelevant.

It would have been the simplest thing in the world for Applicant to have included these documents amongst the ones produced.

Instead, another flurry of submissions has occurred. Hereafter, we expect that all those involved in the instant proceeding will make every effort infonnally to produce documentation upon request.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD d

Sheldon J. M lfe, Esquire Chainnan Dated at Bethesda, Maryland this 24th day of September,1979.

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