ML19290E131
| ML19290E131 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 02/28/1980 |
| From: | Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8003040331 | |
| Download: ML19290E131 (4) | |
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UNITED STATES OF AMERICA 2/28/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY
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Docket No. 50-466
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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r NRC STAFF'S RESPONSL TO JOHN F. DOHERTY'S MOTION TO EXTEND DISCOVERY BEYOND THE 120-DAY LIMIT SET ON OCTOBER 19, 1979 i
The NRC Staff opposes the February 8,1980 motion to extend discovery beyond I
Feburary 20, 1980, filed by John F. Doherty in the captioned proceeding. The motion would extend discovery until an indefinite date in the future with regard to contentions admitted by stipulation of the parties at the prehearing conference held on October 15-19, 1979. As Mr. Doherty candidly admits, his f
motion is speculative, since it assumes that this Board will substantially 1
i delay the issuance of its prehearing conference order ruling on the adnissibility of all remaining contentions with regard to which no stipulation was reached.
f Therefore, Mr. Doherty assumes that the parties will be " biding time unable to make progress in developing their cases, in most respects."
The motion should be denied for several reasons.
First, given the fact that the prehearing conference was held in October 1979, there is every reason to believe that the Board's Order regarding the remaining contentions will be 8003040
issued shortly.
There is no basis expressed by Mr. Doherty for his speculation that there will be any appreciable delay in the issuance of that order.
Second, Mr. Doherty appears to be taking the position that, since discovery has now ended on the "stipi..ted" contentions, no progress can be nade in the preparation of his case while he awaits the forthcoming Board order.
That position would render discovery a meaningless exercise; the very purpose to the conduct of discovery, in which Mr. Doherty has been actively engaged, is to assist in the parties (1) in preparing their affirTnative cases, and (2) in preparing to cross-examine witnesses presented by other parties. Therefore, the Staff suggests that while Mr. Doherty may choose to " bide his time" waiting for the Board's order, there certainly are very constructive steps which he could take in the interim to prepare for upcoming hearings.
Finally, while, as Mr. Doherty states, additional time might be " valuable" in the conduct of discovery, there is no justification presented in the motion for the necessity of additional time.
For all of the reasons discussed above, the Staff believes that Mr. Doherty's motion should be denied.
Respectfully submitted, j 'Ipk w
Stephen M. Schinki Counsel for fiRC Staff Dated at Bethesda, Maryland, this 28th day of February,1980.
UNITED STATES OF AMERICA NUCLEAR REGULATURY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 (Allens Creek Nuclear Generating
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO JOHN F. D0HERTY'S MOTION TO EXTEND DISCOVERY BEYOND THE 120-DAY LIMIT SET ON 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 internal mail system, this 28th day of February,1980:
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 Route 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 20655 P.O. Box 310 Bellville, Texas 77418 R. Gordon Gooch, Esq.
Baker i 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 Avenue, N.W.
Washington, DC 20037 D. Marrack 420 Mulberry Lane Carro Hinderstein Bellaire, Texas 77401 8739 Link Terrace Houston, Texas 71025
Texas Public Interest Margaret Bishop Research Group, Inc.
11418 Oak Spring c/o Janes Scott, Jr., Esq.
Houston, Texas 77043 8302 Albacore Houston, Texas 77074 Glen Van Slyke 1739 Marshall Brenda A. McCorkle Houston, Texas 77098 6140 Darnell Houston, Texas 770/4 J. Morgan Bishop 11418 Oak Spring Mr. Wayne Rentfro Houston, Texas 77043 P.O. Box 1335 Rosenberg, Texas 77471 Stephen A. Doggett, Esq.
Pollan, Nicholson & Doggett Rosemary N. Lemmer P.O. Box 592 11423 Oak Spring Rosenberg, Texas 77471 Houston, Texas 77043 Bryan L. Baker Charles Andrew Perez
,1118 Montrose 1014 Montrose Blvd.
Houston, Texas 77019 Houston, Texas 77019 Robin 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. Nuclear Regulatory Cocmission Washington, DC 20555 Mrs. Connie Wilson 11427 Oak Spring Atomic Safety and Licensing
- Houston, Texas 77043 Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section
- Office of the Secretary Carolina Conn U.S. Nuclear Regulatory Commission 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 R
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G 6tephep M. Schihki Counsel for NRC Staff
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