ML19260C382
| ML19260C382 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 12/17/1979 |
| From: | Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912260266 | |
| Download: ML19260C382 (5) | |
Text
{{#Wiki_filter:.. UNITED STATES OF AMERICA 12/17/79 . NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOUSTON LIGHTING & POWER COMPANY Docket Nc. 50-466 (Allens Creek Nuclear Generating ) Station, Unit 1) ) NRC STAFF'S RESPONSE TO JOHN F. DOHERTY'S MOTION TO CONTINUE ASPECTS OF DISCOVERY FOR HIS CONTENTIONS 3, 5, 6, 7, 8 AND 9 BEYOND THE 45-DAY LIMIT IMPOSED OCTOBER 19, 1979 The NRC Staff opposes the December 3,1979 motion filed by John F. Doherty to extend discovery until January 27, 1979, with regard to five contentions admitted prior to the special prehearing conference held in the captioned matter during the week of October 15, 1979. fir. Doherty offers three bases for the requested relief. First, he states that the Staff has not replied to four sets of his interrogatories. Second, he asserts that his several requests for documents from the Stafi, which involve several hundred documents, may result in the need for follow-up inter-rogatories. Third, he notes that his exams will occupy his time between December 8 and December 19, 1979. Wi_th regard to the first alleged basis for the requested extension of time, the Staff has now responded to all pending interrogatories from Mr. Doherty with regard to contentions involved in the 45-day limit set by the Board. While 1617 273 7912260 E C
these responses were not filed until December 6,1979, the background regarding contacts between the Staff and Mr. Doherty concerning discovery requests (set forth in the Staff's letter to Mr. Doherty dated December 10,1979) makes it clear that the extension of time which he seeks should not be granted. In particular, given the infonnal understanding between the Staff and Mr. Doherty concerning Staff responses to his prior interrogatories, an eleventh-hour request for an extension of time is completely devoid of merit. Mr. Doherty's second alleged justification for the extension of time is equally unavailing. Staff responses to Mr. Doherty's outstanding requests for production of documents (the sixth, seventh, eighth, ninth and tenth requests) are not due until late December or early January. If Mr. Doherty seriously contemplated the need for follow-up interrogatories after submission of his latest requests for documents, those requests could have and should have been filed earlier. Finally, while the Staff understands the pressures inherent in the study of law, Mr. Doherty's exam schedule does not furnish a basis for the extension of the discovery schedule. Mr. Doherty will be occupied with exams, by his own admission, only between December 8 and December 19. Since discovery ended on December 6 with regard to previously admitted contentions, it is difficult to see how the preparation of discovery requests concerning those contentions could have impacted 'ir. Doherty's exam schedlue. Further, since exam schedules are usually announced well ahead of time, Mr. Doherty could have anticipated the conflict which he raises now, and requested relief from the discovery schedule sooner. 1517274
For the reasons discussed above, the Staff urges the Board to deny the requested extension of time. Respectfully submitted, of lf W Stephe M. Schinki Counsel for NRC Staff 1617 275 Dated at Bethesda, Maryland, this 17th day of December, 1979.
UNITED STATES OF AMERICA NUCLEAR REGULATURY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ) In the Matter of ) HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 (Allens Creek fluclear Generating ) Station, Unit 1)' ) CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO JOHN F. D0HERTY'S MOTION TO CONTINUE ASPECTS OF DISCOVERY FOR HIS CONTENTIONS 3, 5, 6, 7, 8 AND 9 BEYOND THE 45-DAY LIMIT IMPOSED OCTOBER 19, 1979" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission interral mail system, this 17th day of December,1979: Sheldon J Wolfe, Esq., Chairman
- Richard Lowerre, Esq.
Atomic Safety and Licensing Board Panel Asst. Attorney General for the U.S. Nuclear Regulatory Commission State of Texas Washington, DC 20555 P.O. Box 12548 Capitol Station Dr. E. Leonard Cheatum Austin, Texas 78711 Rouce 3, Box 350A Watkinsville, Georgia 30677 Hon. Jerry Sliva, Mayor City of Wallis, Texas 77485 Mr. Gustave A. Linenberger
- Atomic Safety and Licensing Board Panel Hon. John R. Mikeska U.S. Nuclear Regulatory Commission Austin County Judge Washington, DC 20555 P.O. Box 310 Bellville, Texas 77418 R. Gordon Gooch, Esq.
Baker & Botts Mr. John F. Doherty 1701 Pennsylvania Avenue, N.W. 4327 Alconbury Street Washington, DC 20006 Houston, Texas 77021 J. Gregory Copeland, Esq. Mr. and Mrs. Robert S. Framson Baker & Botts 4822 Waynesboro Drive One Shell Plaza Houston, Texas 77035 Houston, Texas 77002 Mr. F. H. Potthoff, III Jack Newman, Esq. 1814 Pine Village Lowenstein, Reis, Newman & Axelrad Houston, Texas 77080 1025 Connecticut Aven'ue, N.W. Washington, DC 20037 D. Marrack 420 Mulberry Lane Carro Hinderstein Bellaire, Texas 77401 8739 Link Terrace Houston, Texas 77025 1617 276 Texas Public Interest Margaret Bishop Research Group, Inc. 11418 Oak Spring c/o Jar:es Scott, Jr., Esq. Houston, Texas 77043 8302 Albacore Houston, Texas 77074 Glen van 51yke' 1739 Marshall Brenda A. McCorkle Houston, Texas 77098 6140 Darnell Houston, Texas 77074 J. Morgan Bishop 11418 Oak Spring Mr. Wayne Rentfro Houston, Texas 77043 P.O. Box 1335 Rosenberg, Texas 77471 Stephen A. Doggett, Esq. Pollan, flicholson & Doggett Rosemary fl. Lemer P.O. Box 592 11423 Oak Spring. Rosenberg, Texas 77471 Houston, Texas 77043 'I Bryan L. Baker Charles Andrew Perez ,1118 Montrose 1014 Montrose Blvd. Houston, Texas 77019 Houston, Texas 77019 P.obin Griffith Leotis Johnston 1034 Sally Ann 1407 Scenic Ridge Rosenberg, Texas 77471 Houston, Texas 77043 Elinore P. Cummings Atomic Safety and Licensing
- 926 Horace Mann Appeal Board Rosenberg, Texas 77471 U.S. fluclear Regulatory Comission Washington, DC 20555 Mrs. Connie Wilson 11427 Oak Spring Atomic Safety and Licensing
- Houston, Texas 77043 Board Panel U.S. fluclear Regulatory Comission Patricia L. Streilein Washington, DC 20555 Route 2, Box 393-C Richman, Texas 77469 Docketing and Service Section
- Office of the Secretary Carolina Conn U.S. fluclear Regulatory Comission 1414 Scenic Ridge Washington, DC 20555 Houston, Texas 77043 Mr. William J. Schuessler Mr. Robert Alexander 5810 Darnell 10925 Briar Forest #1056 Houston, Texas 77074
- Houston, TX 77042 L / , Stephen /1.Schinki Counsel for NRC Staff, 1617 277 =-}}