ML19260C400

Response in Opposition to Intervenor Jf Doherty 791203 Motion Requesting Extension of Discovery Period Until 800127.Intervenor Failed to Demonstrate Good Cause. Certificate of Svc Encl

ML19260C400
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	12/11/1979
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	NRC COMMISSION (OCM)
References
NUDOCS 7912260286
Download: ML19260C400 (6)

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8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION U#

Iu BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

HOUSTON LIGHTING AND POWER COMPANY ) Docket No. 50-466

)

(Allens Creek Nuclear Generating )

Station, Unit 1) )

)

APPLICANT'S RESPONSE TO JOHN F.

DOHERTY'S MOTION TO EXTEND THE '

DISCOVERY PERIOD On December 3, 1979, Intervenor John F. Doherty filed a motion with the Board requesting that the discovery schedule established at the special pre-hearing conference and set forth in the Board's Order of November 19, 1979 (p. 10), with respect to certain admitted contentions be extended from December 6, 1979, to January 27, 1980. Applicant opposes the motion since Intervenor has failed to demonstrate any good reason for the requested extension.

In setting the 45-day period for the conclusion of discovery on certain previously-admitted con-tentions, the Board stated that if additional time were needed, timely motions for extension of time could be filed. However, the Chairman observed that:

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t "And I must advise that as to these older contentions you are going to have to show a pretty good cause for wanting an extension of time. Enough time has passed in order for you to have made sufficient and sub-stantial headway with those discovery pro-ceedings." (Tr. 1623).

Discovery on Intervenor's contentions 3, 5, 6, 7, 8 and 9 has been proceeding for approximately seven months, / and Intervenor provides no good reason to extend the date for its conclusion.

Intervenor states as good cause that he needs an extension of time because (1) the Staff has not yet responded to certain interrogatories; (2) he ,

recently served on the Staff a request for additional documents and he needs additional time to file follow-up interrogatories; and (3) he will be tied up with exams in December. With respect to reasons (1) and (2), Intervenor provides no explanation as to why the Staff's answers to interrogatories or the further production of documents will necessarily require him to seek additional information through interrogatories.

Without such a specific explanation, the request for an extension of time is premature. More importantly,

• / Intervenors contentions 3, 5, 6& 7 were admitted by the Board on April 12, 1979; contention 8 was admitted on March 19, 1979; and contention 9 was admitted on May 4, 1979.

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4 Intervenor fails to explain why he waited until the last possible moment in a seven month discovery period to file both an extended request of the Staff for production of further documents and a motion to compel answers from the Staff. Indeed, Intervenor could, and should have, filed these documents much earlier.

Finally, the f act that Intervenor will be busy taking cyams in December provides no support for his request for an extension of time. As Intervenor states, his exam period is scheduled for mid-December and therefore it played no part in his failure to .

complete discovery by December 6. In any event, a 10-day exam period hardly justifies, under the Board's requirement for good cause as stated above, a request- for a nearly two month extension of time.

Applicant urges the Board to deny Intervenor's motion to extend the discovery period.

Respectfully submitted, M $

ack R. Newmdn At w OF COUNSEL:

Robert H. Culp LOWENSTElN, NEWMAN, REIS, 1025 Connecticut Avenue, NW AXELRAD AND TOLL Washington, DC 1025 Connecticut Avenue, NW Washington, DC 20036 J. Gregory Copeland C Thomas Biddle BAKER AND BOTTS Charles G. Thrash 3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 ATTORNEYS FOR APPLICANT HOUSTON' LIGHTING AND POWER COMPAMY 1618 072

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING BOARD In the Matter of )

)

HOUSTON LIGHTING AND POWER COMPANY ) Docket No. 50-466

)

(Allens Creek Nuclear Generating )

Station, Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's .

Response to John F. Doherty's Motion to Extend the Discovery Period were served on the following by deposit in the U. S. mail, postage prepaid, or by hand delivery, this lith day of December, 1979:

Sheldon J. Wolfe, Esq., Chairman R. Gordon Gooch, Esq.

Atomic Safety and Licensing Baker and Botts Board Panel 1701 Pennsylvania Avenue, NW U.S. Nuclear Regulatory Commission Washington, DC 20006

~~

Washington, DC 20555 Richard Lowerre, Esq.

Dr. E. Leonard Cheatum Assistant Attorney General Route 3, Box 350A for the State of Texas Watkinsville, Georgia 30677 P. O. Box 12548 Capitol Station Mr. Gustave A. Linenberger Austin, Texas 78711 Atomic Safety and Licensing Board Panel Hon. Charles J. Dusek U.S. Nuclear Regulatory Commission Mayor, City of Wallis Washington, DC 20555 P. O. Box 312 Wallis, Texar 77485 Chase R. Steohens Docketing an'd Service Section Hon. Leroy H. Grebe Office of the Secretary of the County Judge, Austin County Commission P. O. Box 99 U.S. Nuclear Regulatory Commission Bellville, Texas 77418 Washington, DC 20555 1618 073 e

Atomic Safety and Licensing Charles Perez .

Apceal Board 1014 Montrose Blvd.

U.S.' Nuclear Regulatory Houston, Texas 77019 Commission Washington, DC 20555 Elinore P. Cumings Route 1, Box 138 V Atomic Safety and Licensing Rosenberg, Texas 77471 Board Panel U.S. Nuclear Regulatory William Schuessler Commission 5810 Darnell Washington, DC 20555 Houston, Texas 77074 Steve Schinki, Esq. Stephen A. Doggett, Esq.

Staff Counsel P. O. Box 592 U.S. Nuclear Regulatory Rosenberg, Texas 77471 Commission Washington, DC 20555 Bryan L. Baker 1118 Montrose John F. Doherty Houston, Texas-77019 4438 1/2 Leeland Houston, Texas 77023 J. Morgan Bishop Margaret Bishop .

Madeline Bass Framson 11418 Oak Spring 4822 Waynesboro Drive Houston, Texas 77043 Houston, Te:xas 77035 Carolina Conn Robert S. Framson 1414 Scenic Ridge 4822 Waynesboro Drive Houston, Texas 77043 Houston, Texas 77035 Leotis Johnston Carro Hinderstein 1407 Scenic Ridce 8739 Link Terrace Houston, Texas 7704 3 ---

Houston, Teaas 77025 Robin Grif fith D. Marrack 1034 Sally Ann 420 Mulberry Lane Rosenberg, Texas 77471 Bellaire, Texas 77401 W. Matthew Perrenod Brenda McCorkle 4070 Merrick 6140 Darnell Houston, Texas 77025 Houston, Texas 77074 Glen Van Slyke F. H. Potthoff, III 1379 Marshall 1814 Pine Village Houston,-Texas 77098 Houston, Texas 77080 Marlene R. Warner Wayne E. Rentfr 6026 Beaudry Houston, Texas 77035 Ros nb r , T :<as 77471 Rosemary N. Lemmer James M. Scott, Jr. 11423 Oak Spring 8302 Albacore H uston, Texas 7.7043 Houston, Texas 77074 I618.074

Connie Wilson 11427 Oak Spring Houston, Texas 77043 Ron Waters 3620 Washington Avenue No. 362 Houston, Texas 77007 TexPIRG ~

Att: Clarence Johnson Executive Director Box 237 U.C.

University of Houston Houston, Texas 77004 Robert Alexander 10925 Briar Forest #1056 Houston, Texas 77042 1618 075

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