ML19257B669

Motion to Compel Intervenor Citizens for Equitable Utils to Respond to Applicants' 791105 Interrogatories & Requests for Production of Documents.Draft Order & Certificate of Svc Encl

ML19257B669
Person / Time
Site:	South Texas
Issue date:	12/31/1979
From:	Newman J, Schwarz M BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001180079
Download: ML19257B669 (7)

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I -J dj_$1 UNITED STATES OF AMERICA C,3 NUCLEAR REGULATORY COMMISSION .  ? # '

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD .

k r :c-IN THE MATTER OF S $.S S 'y HOUSTON LIGHTING & POWER S DOCKET NOS. STN-498 OL COMP ANY , ET AL. S STN-499 OL S

(South Texas Project S Units 1 and 2)

MOTION TO COMPEL INTERVENOR CITIZENS FOR EQUITABLE UTILITIES TO RESPOND TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS Pursuant to 10CFR S 2.740 (f) of the Commission's Rule of Practice, Houston Lighting & Power Company, Project Manager of the South Texas Project, acting on behalf of itself and the other Applicants, the City of San Antonio, Texas, acting *by and through the City Public Service Board of San Antonio, Central Power and Light Company and the City of Austin, Texas

(" Applicants") requests the Board to issue an order compelling Intervenor Citizens for Equitable Utilities (CEU) to answer Applicants' interrogatories.

On November 5, 1979, Applicant served its first set of interrogatories and requests for production of documents on Intervenor CEU. In accordance with the Licensing Board's Memorandum and Order of August 3, 1979, answers were due on December 21, 1979 (p. 10). CEU has not filed answers to 1768 101 8001180

these interrogatories some ten days after they were due.

Applicants' Counsel, Melbert D. Schwarz, talked with Mrs.

Peggy Buchorn, Executive Director for CEU, by telephone this date and inquired why the Answers to Applicants First Set of Interrogatories had not been received by Applicants. Mrs.

Buchorn advised that said answers would be mailed "next week," more than two weeks after the schedule set by the Boards Order of August 3, 1979. Applicants expect receipt of answers by Citizens for Equitable Utilities, Inc. next week; however, in order to preserve their rights under 10 CFR 2.740(f), Applicants file this Motion.

10 CFR S2.740 (b) (1) provides that parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter of the proceeding. In this case, Applicant directed interrogatories and requests for production of documents to CEU in order to probe the spe-cific bases for its contentions. The information and requests for production, therefore, should be responded to in their entirety. If Intervenor had any problems with answering these interrogatories or producing the documents, the proper response, instead of an arbitrary delay, would have been to file an objection or request for a longer response period pursuant to 10 CFR S2.740b(b).

The Commission's regulations authorize the Board to issue an order compelling discovery where a party has failed 1768 102

to timely respond to discovery requests. Motions for such orders must be filed "within ten (10) days...after failure of a party to respond to the request." 10 CFR S2.740 (f) .

Accordingly, Applicants request this Board to issue an Order in the form attached hereto compelling Intervenor CEU to answer Applicants' interrogatories and produce the re-quested documents.

Respectfully submitted,

))/ [ ^ ^^nta td Melbert D. Schwarz ~ /

C. Thomas Biddle, Jr.

Charles G. Thrash, Jr.

3000 One Shell Plaza Houston, Texas 77002 Jack R. Newman Robert H. Culp 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 .

Attorneys for HOUSTON LIGHTING &

POWER COMPANY, Project Manager of the South Texas Project, acting herein on behalf of itself and the other Applicants, THE CITY OF SAN ANTONIO, TEXAS, acting by and through the City Public Service Board the City of San Antonio, CENTRAL POWER AND LIGHT COMPANY and THE CITY OF AUSTIN, TEXAS OF COUNSEL:

Baker & Botts 3000 One Shell Plaza Houston, Texas 77002 Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 1768 103 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF S S

HOUSTON LIGHTING & POWER S DOCKET NOS. STN-498 OL COMPANY, ET AL. S STN-499 OL S

(South Texas Project S Units 1 and 2)

ORDER On December 31, 1979, Applicants filed a motion requesting the Board to issue an order compelling Intervenor Citizens for Equitable Utilities (CEU) to respond to Applicants' interroga-tories and requests for production of documents. Applicants served interrogatories and requests for production of documents on CEU on November 5, 1979. In accordance with this Board's Memorandum and Order of August 3, 1979, CEU's response was due on December 21, 1979. CEU has not responded to these interrogatories nor has it filed objections under 10 CFR S2.740b(b). 10 CFR 52.740 (f) authorizes the Board to issue an order compelling discovery when a party fails to respond to interrogatories.

Applicant's motion to compel discovery under 10 CFR

$2.740 (f) is granted and it is hereby 1768 104

ORDERED that within 10 days af ter the service of this drder, Intervenor CEU shall provide complete answers to Applicant's interrogatories and produce the documents re-quested under date of November 5, 1979.

For the Atomic Safety and Licensing Board Charles Bechhoefer, Esq.

Chairman Dated at Bethesda, Maryland this day of January, 1980 e

1768 105 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF S S

HOUSTON LIGHTING & POWER S DOCKET NOS. STN-498 OL COMPANY, ET AL. S STN-499 OL S

(South Texas Project S Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Appli-cants' Motion to Compel Intervenor Citizens for Equitable Utilities to Answer Interrogatories and Requests for Production of Documents and were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this 31st day of December, 1979:

Charles Bechhoefer, Esq., Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission

• Washington, D.C. 20555 Dr. James C. Lamb, III 313 Woodhaven Road Chapel Hill, North Carolina 27514 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Henry J. McGurren, Esq.

Hearing Attorney Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D.C. 20555 1768 106

Richard W. Lowerre, Esq.

Assistant Attorney General for the State of Texas P. O. Box 12548, Capitol Station Austin, Texas 78711 Honorable Burt O'Connell County Judge, Matagorda County Matagorda County Court House Bay City, Texas 77414 Mrs. Peggy Buchorn, Executive Director Citizens for Equitable Utilities Route 1, Box 432 Brazoria, Texas 77422 Steven A. Sinkin, Esq.

116 Villita San Antonio, Texas 78205 Atomic Safety and Licensing Board Panel U. S. Nuclear R'3gulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Chase R. Stephens Docketing and Service Section Office of the Secretary of the Commission U.S. Nuclear Rcgulatory Commission Washington, D.C. 20555

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If A A Af?NVV/

Melbert D. Schwarz ' j/

Date: December 31, 1979 1768 107