ML19291B892

Forwards Corrected Page 2 of Applicant 791121 Reply to Tx Pirg Brief in Response to Licensee Motion to Dismiss

ML19291B892
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	11/26/1979
From:	Copeland J HOUSTON LIGHTING & POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7912140032
Download: ML19291B892 (2)

Text

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November 26, 1979

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$ 't UNITED STATES OF AMERICA fl. D A NUCLEAR REGULATORY COMMISSION oy

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD @ $ #

%;) 6 In the Matter of S e 4 S

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

(Allens Creek Nuclear Generating S Station, Unit 1) S TO: Members of the Board and All Parties Enclosed is a corrected page 2 of the " Reply to TexPirg Brief in Response to Applicant's Motion to Dismiss".

This corrected page should replace page 2 of the pleading filed by Applicant on November 21, 1979.

By 1.2/&uf . ' C? n:

J. Gregory Copeland Attorney for Houston Lighting & Power Company 1582 178 7912140 O32-

This statement stands in stark contrast to the fact that Mr.

Scott signed the affidavit attached to those answers, and swore in the affidavit that he answered the interrogatories. -2/

Applicant did, in fact, attempt to depose Mr. Johnson but he failed to appear on the date shown in the notice of deposition.

Neither Mr. Johnson nor his attorney ever sought to explain this failure to appear nor did TexPirg move to quash the notice.-3/

II.

The situation facing the Applicant and, indeed, the challenge to the authority of this Board can be sum-marized as follows:

1. Mr. Doherty answered interrogatories as an officer of TexPirg and was subsequently deposed. TexPirg then disavowed Mr. Doherty's authority to answer questions on deposition about his answers to interrogatories. For this reason, the Board ordered TexPirg to resubmit their answers to interrogatories.

2/ See Applicant's Motion to Dismiss TexPirg, November 9, 1979, Exhibit A, p. 23.

3/ As discussed below, the attempt to depose Mr. Johnson would, in any event, have come to naught.

15B2 179