ML19296B280

Motion for Extension Until 800328 to Respond to Tx Utils Generating Co First Set of Interrogatories,Due to Late Filing of Voluminous Request

ML19296B280
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	02/07/1980
From:	Stahl D CENTRAL POWER & LIGHT CO., ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19296B281	List: ML19296B280 ML19296B286
References
NUDOCS 8002200360
Download: ML19296B280 (3)

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In the Matter of: S S

IIOUSTON LIGIITING & POWER S NRC DOCKET NOS. 50-498A COMPANY, Tile CITY OF SAN S 50-499A ANTONIO, THE CITY OF AUSTIN,S and CENTRAL POWER AND LIGHT S COMPIJ,Y S (South Texas Project, Unit S Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S NRC DOCKET NOS. 50-445A COMPANY, ET AL. S 50-446A (Comanche Peak Steam S Electric Station, S Unit Nos. 1 and 2) S MOTION OF CENTRAL POWER AND LIGIIT COMPANY, et al.

FOR EXTENSION OF TIME WITHIN WilICH TO RESPOND TO FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FPOM TEXAS UTILITIES GENERATING COMPANY Pursuant to Section 2.740(c) of the Rules of Practice of this Commission, Central Power and Light Company, Public Service Company of Oklahoma, Southwestern Electric Power Co.,

West Texas Utilitir.s Company and Central and South West Corporation ("Movants"), through their attorneys, move that the time within which Movants must respond to the First Set of Interrogatories and Requests for Production of Documents from Texas Utilities Generating Company ("TUGCO") be extended to March 28, 1980. In support hereof Movants allege as follows:

1. Although this Commission indicated as early as April, 1978 that it would conduct a hearing into the antitruct matters raised in the South Texas Project proceeding, in 8002200

which TUGCO is an Intervenor, TUGCO waited until January 30, 1980 -- thirty days prior to the date on which factual discovery has been ordered completed -- to file its first set of interrogatories and document requests on Movants.

Consequently, any inconvenience which may be occasioned by granting the short extension of time which Movants request to respond to these discovery requests is attributable solely to TUGCO's dilatory initiation of discovery.

2. TUGCO's First Set of Interrogatories and Request for Documents consists of forty separate categories, many with several separate subcategories. In addition, responses are sought from six separate corporate entities. Some of the requests seek information from the year 1968 to the present. In sum, these discovery requests will require the Movants to expend substantial time to respond, at a time when all parties to this proceeding have committed themselves to an extensive deposition schedule during the months of February and March. Movants estimate that they require until March 28, 1980 to respond to these requests.

3. Movants recognize that this Board has previously ordered all factual discovery terminated by February 29, 1980, and do not seek a general extension of factual discov-ery past that date. Movants would, in fact, oppose such a general extension. Movants believe, however, that given both The other entity to which the instant TUGCO discovery requests were directed is Central and South West Services, Inc. ("CSWS"), a non-party who has filed contemporaneous 1y herewith a Motion for Protective Order seeking relief from complying in any respect with the TUGCO request. CSWS joins this Motion for Extension of Time in the event the Board denics the CSW Motion for Protective Order.

the apparent consciously-dilatory and extensive nature of the TUGCO discovery requests good cause exists to permit them until March 28, 1980 within which to respond.

WHEREFORE, Movants respectfully request that this Board grant them until March 28, 1980 to respond to TUGCO's First Set of Interrogatories and Requests for Production of Documents.

Respectfully submitted, David M. Stahl One of the Attorneys for Central Power and Light Company, et al.

Dated: February 7, 1980 ISHAM, LINCOLN & BEALE Suite 701 1050 Seventeenth St., N.W.

Washington, D.C. 20036 202/833-9730 One First National Plaza Chicago, Illinois 60603 312/558-7500