ML19309C140
| ML19309C140 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/04/1980 |
| From: | Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004080221 | |
| Download: ML19309C140 (5) | |
Text
c March 4, 1980 UNITED STATES OF AMERICA 9
ff NUCLEAR REGULATORY COMMISSION OCCkt753 BEFORE THE ATOMIC SAFETY AND LICENSING BOA I
UClir.*,
My 4
- 35 Oft!
$33g In the Matter of TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445 g
COMPANY, _et _al.
)
50-446
)
(Comanche Peak Steam Electric )
Station, Units 1 and 2)
)
APPLICANTS' REPLY TO CASE'S REQUEST FOR ORDER COMPELLING PRODUCTION OF DOCUMENTS AND POSTPONING PREHEARING CONFERENCE By its pleading dated February 25, 1980, Intervenor CASE requested the Atomic Safety and Licensing Board (" Board") (1) to order the NRC Staff and the Applicants to provide CASE with copies of materials " bearing" on their proposed conten-tions, (2) to order a meeting between the Staff, Applicants and CASE, apparently "to attempt to resolve the differences" between the parties regarding the CASE contentions, and (3) to postpone the prehearing conference until that meeting can be held.
In response, the Applicants urge that the requests for production of documents and for a Board-imposed meeting of the parties be denied.
With respect to the scheduled prehearing conference, the Applicants believe that at this late date no delay of the prehearing conference is warranted or should be permitted.
8004080 2
Prior to the prehearing conference there is no legal requirement that any party reveal to other parties the bases for their positions regarding the admiscibility of contentions.
Furthermore, until contentions have been admitted by the Board, and discovery has commenced, no party may compel another to produce information or documents.
See generally 10 CFR S2.718 and 2.740.
In addition, CASE has erroneously assumed that it has certain rights inherent in negotiations preceding the pre-hearing conference.
CASE's statement (at p.
- 6) that holding the prehearing conference before preliminary negotiations and certain discovery are concluded to its satisfaction would deny CASE due process of law and " work a surprise" against it demonstrates CASE's misunderstanding of the proper sequence of events.
Negotiations such as these are conducted for the convenience of all parties in the interest of administrative efficiency.
They are not, as CASE appar-ently believes, compelled by law or regulation.
'With respect to CASE's request to postpone the prehear-ing conference apparently scheduled for April 30, we believe further delay of this proceeding is totally unwarranted.
As discussed above, CASE's arguments for compelling further negotiations and commencing discovery prior to the prehearing conference are unfounded and may not serve as a basis to postpone the conference.
The Staff, Applicants and CASE m
l l
l l
l
have already established their respective positions-regarding most of CASE's contentions through negotiations.
Any issues on which agreement has not been reached must now be brought before the Board for final resolution.
We urge the Board to hold the prehearing conference as scheduled.
Finally, we note that while the prehearing conference,_
may be held in the Dallas / Fort Worth area (as indicated by the Board), the evidentiary hearings must be conducted in the vicinity of the site (i.e., Granbury/ Glen Rose area).
See 10 CFR Part 2, Appendix A.I.
Respectf 1 submitted, 1
Nicholas
- leynolds Debevoi<
&' Liberman V
1200 Seventeenth Street, N.W.
i Washington, D.C.
20036 March 4, 1980
[
7-
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
TEXAS UTILITIES GENERATING
)
COMPANY, et al.
)
Docket Nos. 50-445
)
50-446 (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' Reply To Case's Request For Order Compelling Production Of Documents And Postponing Prehearing Conference, dated March 4, 1980, in the captioned matter have been served upon the following by deposit in the United States mail this 5th day of March, 1980:
Elizabeth S.
Bowers, Esq.
Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Board Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Marjorie Ulman Rothschild, Esq.
Dr. Richard F. Cole Office of the Executive Atomic Safety and Licensing Legal Director Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Richard W.
Lowerre, Esq.
Dr. Forrest J. Remick Assistant Attorney General Atomic Safety and Licensing Environmental Protection Board Panel Division
\\
305 E. Hamilton Avenue P.O. Box 12548 State College, Pennsylvania Capitol Station 16801 Austin, Texas 78711 j
. Mr. Richard L. Fouke Mr. Geoffrey M.
Gay CFUR West Texas. Legal Services 1668B Carter Drive 406 W.
T. Waggoner Building Arlington, Texas 76010 810 Houston Street Fort Worth,-Texas 76102 Mrs. Juanita Ellis President, CASE Mr. Chase R.
Stephens 1426 South Polk Street Docketing & Service Section Dallas, Texas 75224 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 n
Nicholas S..Reynolds cc:
Homer C.
Schmidt Spencer C.
Relyea, Esq.
March 5, 1980 s
.-.