ML19260E012

Requests Extension Until 800129 to Respond to Intervenor Citizens for Equitable Utils 800114 Answer to First Set of Interrogatories.Original Filing Date Did Not Include 5-day Waiting Period.Certificate of Svc Encl

ML19260E012
Person / Time
Site:	South Texas
Issue date:	01/24/1980
From:	Newman J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Bechhoefer C, John Lamb, Leubke E Atomic Safety and Licensing Board Panel
References
NUDOCS 8002120742
Download: ML19260E012 (4)

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DOUGL A S G GREEN 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 Re: In the Matter of Houston Lighting & Power Company, et al. (South Texas Project, Units 1 and 2), Docket Nos. STN 50-498 OL, STN 50-499 OL Gentlemen:

Applicants are in receipt of the NRC Staff's motion dated January 23, 1980 requesting an extension of time to January 29, 1980 within which to file a motion to compel discovery under 10 CFR $2.740(f) against intervenor Citizens for Equitable Utilities, Inc. (CEU). Since CEU's answers to Applicants and Staff's first set of interrogatories were filed on January 14, 1980, the Staff apparently concluded that a motion to compel under S2.740(f) must be filed within 10 days from the date of CEU's answers without taking into account the usual 5-day mailing period permitted under 10 CFR S2.710.

Applicants had determined that the provisions of S2.710 allowing 5 days for service by mail were applicable to the 1951 355 8003120 742-

LOW ENSTEIN, NEW M AN, llEl%. A X ELH A n & Tott Messrs. Bechhoefer, Lamb and Luebke Page Two January 24, 1980 time period under S2.740(f) for filing of a motion to compel discovery, and accordingly, had calculated January 29, 1980 as the last date to file a motion to compel CEU to provide answers to Applicants' first set of interrogatories.

However, in light of the Staff's motion, which may cast some doubt on this interpretation, Applicants respectfully re-quest that any extension of time granted by the Board to the Staff for purposes of filing a motion to compel discovery against CEU also be granted to Applicants.

Certainly, good cause exists for the Board to exercise its discretion and grant the extension since, as the Staff has pointed out, it did not even receive CEU's answers until some 7 days after the date of service. Similarly, Applicants' counsel did not receive these answers in Houston until January 17, 1980. Under these circumstances, we believe that additional time should be allowed to afford Staff and Applicants sufficient time to review CEU's answers and to prepare motions to compel.

Sincerely, Jack R. Newm n Attorney 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 Antor.io, CENTRAL POWER AND LIGHT COMPANY and THE CITY OF AUSTIN, TEXAS cc: See attached Certificate of Service l951 356

UNITED STATES OF AMERICA NUCLEAR REGULATORY CO:CIISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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HOUSTON LIGHTING & POWER COMPANY, ) Dockets Nos. 50-498-OL

) 50-499-OL ET AL. .-

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(South Te::as Project, Units 1 &~2) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the attached letter of January 24, 1980, to Charles Bechhoefer, Esq., et al.,

Members of the Atomic Safety and Licensing Board were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this 24th day of January, 1980:

Charles Bechhoefer, Esq.

Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 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, DC 20555 .

Henry J. McGurren, Esq.

Hearing Attorney Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 Richard U. Lowerre, Esq.

Assistant Attorney General for the State of Texas P. O. Box 12548 'l951 357 Capitol Station Austin, Texas 78711

Honorable Burt O'Connell County Judge , Matagorda County Matagorda County Court House Bay City, Texas 77414 R. Gordon Gooch, Esq.

Baker and Botts 1701 Pennsylvania Avenue, NW Washington, DC 20006 Ms. Peggy Buchorn, Executive Director Citizens for Equitable Utilities .

Route 1, Box 432 Brazoria, Texas 77422 Mr. Lanny Alan Sinkin Citizens Concerned About Nuclear Power 838 E. Magnolia San Antonio, Texas 78212 Steve Sinkin, Esq.

116 Villita San Antonio 78205 Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Uashington, DC 20555 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Chase R. Stephens Docketing and Service Section Office of the Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, DC 20555

/ack R. Newman 1951 358