ML19257D580

Motion to Compel Applicants to Provide Discovery on Saturdays.Draft Order Encl

ML19257D580
Person / Time
Site:	South Texas
Issue date:	01/16/1980
From:	Sinkin L Citizens Concerned About Nuclear Power, INC., CITIZENS FOR EQUITABLE UTILITIES
To:
Shared Package
ML19257D574	List: ML19257D573 ML19257D579 ML19257D580
References
NUDOCS 8002050042
Download: ML19257D580 (3)

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9 [Q E UNITED STATES OF AHLi.iCA c

f NUCLEAR REGULATORY COMMISSION s

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l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD M

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In the Matter of 5

i HOUSTON LIGHTING AND POWER Locket Nos. 50-498 COMPANY, ET. AL.

6 50-439 a

(South Texas Project Units 1 and 2) ll

)' a MOTION TO COMPEL APPLICANTS TO PROVIDE DISCOVERY ON SATURDAYS lher On Saturday, January 12, 1980, Intervenors visited the construction site for the South Texas Nuclear Project for I

purposes of examining and selecting for co?ying documents Y

maintained in the vault at the construction site. During that b

visit, Intervenors were informed that no further weekend dis-covery would be arranged by Applicants unless so ordered by this E5 Honorable Board. Instead, discovery would only be permitted

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during regular working hours. Intervenors are seeking through j;

direct communication with Applicants to have this objection p

waived but are filing this Motion so that should such waiver not be forthcoming, this Honorable Board could act in a timely P

fashion to expedite the discovery process.

Intervenors note that similar objections to Saturday dis-covery were raised by Applicants during the conference call of January 11, 1980 which preceded the visit to the site on Satur-day, January 12, 1980. In this conference call, Applicants objected to Saturday discovery primarily because there were few j

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personnel available on weekends.

Intervenors further note that when Intervenors arrived at j.

the construction site on Saturday, January 12, 1980, they counted more than ;wo hundred fifty (250) cars parked on the site. When the probability of workers being dropped off from cars subsequently leaving the site and of car pooling are considered, a work force of three hundred (300) personnel on this particular Saturday seems a reasonable estimate.

Witn this size work force, a reasonable assumption would be that the vault is open and personnel knowledgeable in the location of documents are present. Security forces might also be reasonably expected to be present.

l' Intervenors seek discovery on Saturdays because:

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1. the distance of the construction site f rom San Anto-nio Intervenors requires a seven hour round trip travel time;

2. weekday discovery requires intervention personnel to take off from their regular employment;

3. the volume of documents to be examined

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extensive that more than one day will be tsquired to complete discovery, possibly requiring additional t

trips to the site if Saturday is not available; 4 Intervenors did provide Applicants the option of j

permitting examination and copying at the site I

rather than submitting a long list of documents i

whose copying might or might not be required; 5.

Intervenors have asked Applicants to waive their objection to Saturday, January 26 in hopes of' completing discovery during the period January 24 through January 26, so in all probability only one Saturday will be required; and 1871 081

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Intervenors have an expert witness who is unavailable V

on weekdays whose presence during examination of the i

document maintained at the construction site would expedite the discovery process.

Wherefore,,Intervenors respectfully move this Honorable Board to issue an Order in the form attached hereto compelling Applicants to provide discovery on Saturdays, j

Respectfully submitted,

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LANNY ALAN SINKIN Intervenor 116 Villita San Antonio, Texas 78205 (512) 226-2959 Dated: January 16, 1980 l

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UNITED STATES OF AMERICA FA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of 6

HOUSTON LIGHTING AND POWER

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Docket Nos. 50-498 COMPANf, ET. AL.

50-499 2

A (South Texas Project lIl Units I and 2) 9.

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ORDER k.

On January 16, 1980, Intervenors filed a Motion to Compel

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Applicants to Provide Discovery on Saturdays.

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,.I Intervenors Motion to Compel Applicants to Provide Dis-covery on Saturdays is granted and it is hereby ORDERED that Applicants permit Intervenors to proceed with the examination and copying of documents maintained at the construction site f

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of the South Texas Nuclear Project on Saturdays as well as during weekdays.

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For the Atomic Safety i;

and Licensing Board

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i Charles Bechhoefer, Esq.

Chairman Dated at Bethesda, Maryland h

this day of January, 1980 P

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