ML19260D176

Motion to Compel Tx Pirg Answers to 791218 Fourth Set of Interrogatories.Requests 30-day Extension from Date of Answers in Order to Complete Discovery.Draft Order to Compel & Certificate of Svc Encl

ML19260D176
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	01/24/1980
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8002080035
Download: ML19260D176 (7)

Text

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January 24 , 1980

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ci q, UNITED STATES OF AliERICA O' NUCLEAR REGULATORY COMMISSION ' 4 3 g~ 49 ghb BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 'l] D' @ ,

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In the Matter of S s, S g ,

HOUSTON LIGHTING & POWER S y C COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear S Generating Station, Unit S No. 1)

MOTION TO COMPEL TEXPIRG TO ANSWER INTERROGATORIES: AND REQUEST FOR EXTENSION OF DISCOVERY Pursuant to 10 CFR S2.740 (f) of the Commission's Rules of Practice, Houston Lighting & Power Company (" Applicant")

requests the Board to issue an order compelling Texas Public Interest Research Group (TexPirg) to answer Appli-cant's interrogatories.

On December 18, 1979, Applicant served, by hand delivery, its Fourth Set of Interrogatories to TexPirg.

Under the provisions of 10 CFR S2.740(b), TexPirg's answers were due on January 2, 1980. To date, TexPirg has not filed answers to these interrogatories.

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.

s p2080 1942 850

In this case, Applicant directed interrogatories to TexPirg in order to probe the bases for their contentions accepted by the Board on stipulation of the parties as noted in the Order of November 19, 1979. The information sought in these interrogatories is highly relevant and, to the best of Applicant's understanding, is not privileged. The inter-rogatories, therefore, should be answered in their entirety.

Applicant's counsel made repeated inquiries of TexPirg concerning the lateness of its reply. TexPirg's attorney complained of numerous logistical problems in producing typed answers, and requested a 14-day extension. Counsel for Applicant advised Mr. Scott that Applicant would not file a motion to compel if the answers were received within 14 days, but counsel requested that any and all partial answers, typed or untyped, be forwarded as soon as they were completed. After a 21-day delay, TexPirg has not answered one single interrogatory and will not provide a date certain as to when they will answer.

Applicants prefer not to burden the Board with the details of discovery, but Applicant has been totally unable to work with TexPirg on an informal basis. TexPirg's refusal to fulfill informal commitments leave Applicant no alternative but to ask the Board for assistance on a formal basis. In addition, TexPirg's failure to answer by January 2 1942 151 makes it impossible for Applicant to complete its discovery against TexPirg by the February 20 d'adline.

e Accordingly, Applicant requests an extension of 30 days from the date of receipt of TexPirg's answers to complete discovery against TexPirg on the contentions in question.

For the foregoing reasons, Applicant requests this Board to issue an Order in the form attached hereto compelling TexPirg to answer Applicant's interrogatories, and extending the time for Applicant's completion of discovery against TexPirg.

Respectfully submitted, OF COUNSEL:

lfh J. Gp6ggry Copeland C. Thomas Biddle, Jr.

BAKER & BOTTS Charles G. Thrash, Jr.

3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Avenue, N. W. 1025 Connecticut Avenue, N. W.

Washington, D. C. 20036 Washington, D. C. 20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY 1942 152 UNIC 0 STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear S Generating Station, Unit S No. 1)

ORDER On January __, 1980, Applicant filed a motion requesting the Board to issue an order compelling the Texas Public Interest Research Group (TexPirg) to answer Applicant's interrogatories. Applicant served inter-rogatories on Intervenor TexPirg on December 18, 1979.

In accordance with the provisions of 10 CFR S2.740b(b) ,

answers to interrogatories are due 14 days after service.

In this case, that date was January 2, 1980, for Intervenor TexPirg. TexPirg has not provided answers to these interrogatories nor has it filed objections under 10 CFR S2.740b(b). 10 CFR S2.740 (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 S2.740 (f) is granted, and it is hereby 1942 153

ORDERED that (1) within five days after the service of this Order, TexPirg shall provide complete answers to Applicant's interrogatories served under date of December 18, 1979, and (2) Applicant shall have 30 days from the receipt of said answers to complete its discovery against TexPirg on the contentions admitted by stipulation at the prehearing conference of October 15-19, 1979.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. Wolfe, Esq.

Chairman Dated at Bethesda, Maryland this day of , 1980 1942 154 UNITED STATES OF AMERICA NUCLLAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Motion to Compel TexPirg to Answer Interrogatories; and Request for Extension of Discovery in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this Jfd day of M , 1980.

Sheldon J. Wolfe,Q Esq .,/Chairman Richard Lowerre, Esq.

Atomic Safety'and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washirgton, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555 1942 155

Steve Schinki, Esq. Dorothy F. Carrick Staff Counsel Box 409, Wagon Rd. Rfd. #1 U.S. Nuclear Regulatory Commission Wallis, Texas 77a85 Washington, D. C. 20555 Carolina Conn John F. Doherty 1414 Scenic Ridge 4327 Alconbury Street Houston, Texas 77043 Houston, Texas 77021 Elinore P. Cumings Robert S. Framson Route 1, Box 138V Madeline Bass Framson Rosenberg, Texas 77471 4822 Waynesboro Houston, Texas 77035 Stephen A. Doggett, Esq.

P. O. Box 592 Carro Hinderstein Rosenberg, Texas 77471 8739 Link Terrace Houston, Texas 77025 Robin Griffith 1034 Sally Ann D. Marrack Rosenberg, Texas 77471 420 Mulberry Lane Bellaire, Texas 77401 Leotis Johnston 1407 Scenic Ridge Brenda McCorkle Houston, Texas 77043 6140 Darnell Houston, Texas 77074 Rosemary N. Lemmer 11423 Oak Spring F. H. Potthoff, III Houston, Texas 77043 7200 Shady Villa, #110 Houston, Texas 77055 Charles Perez 1014 Montrose Wayne E. Rentfro Houston, Texas 77019 P. O. Box 1335 Rosenberg, Texas 77471 William Schuessler 5810 Darnell James M. Scott Houston, Texas 77074 8302 Albacore Houston, Texas 77074 Glen Van Slyke 1739 Marshall Bryan L. Baker Houston, Texas 77098 1118 Montrose Houston, Texas 77019 Connie Wilson 11427 Oak Spring J. Morgan Bishop Houston, Texas 77043 11418 Oak Spring Houston, Texas 77043

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' ' Gr'eg rp Co/ eland 1942 156