ML19316A952

Motion for Extension of Discovery Period Until 800831. Intervenors Citizens Concerned About Nuclear Power & Citizens for Equitable Utils Have No Objection to Extension. Deponents & Witnesses Not Available.W/Certificate of Svc

ML19316A952
Person / Time
Site:	South Texas
Issue date:	04/24/1980
From:	Cowan F, Culp R BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8005280092
Download: ML19316A952 (5)

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Doc D UNITED STATES OF AMERICA 8/

NUCLEAR REGULATORY COMMISSION -. r- .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD'f- '

APR 2 91980 > ['

Office of the secre,tr Docketing & Ser 1 g Baath In the Matter of ) / , g'3 N'

) m HOUSTON LIGHTING & POWER COMPANY, ) ~ Docket Nos. 50-498 OL ET AL. ) 50-499 OL (South Texas Nuclear Project )

Units 1 and 2) )

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MOTION FOR EXTEi;SION OF DISCOVERY PERIOD Houston Lighting & Power Company, 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 of the City of San Antonio, Central Power and Light and The City of Austin, Texas (Applicants) move the Board for an order extending to August 31, 1980, the discovery period established by the Board's Memorandum and Order of August 3, 1979, as modified by the Board's Memorandum and Order Modifying Discovery Schedule dated January 16, 1980.

I An extension of the discovery period is required for the following reasons:

(1) Mr. Lanny Sinkin, Co-coordinator of Intervenor CCANP, will not be available for deposition until May 14, 1980.

(2) Mr. Daniel Swayze, a witness of critical impor-tance, will not be available for deposition until l

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• c mid-June. As the Board is aware from corre-spondence with Mr. Swayze (copies of which have been served on the Board and the parties),

Applicants are presently negotiating a date for Mr. Swayze's deposition. A tentative agree-ment has been reached with Mr. Swayze for a date in mid-June and Applicants will inform o the Board and the parties when that date be-comes firm.

(3) Ms. Peggy Buchorn, Executive Director of Intervenor CEU, who has not yet responded to the Board's Memorandum and Order of March 7, 1980, requiring CEU to provide answers to Applicants' interroga-tories, will not be available for deposition until May 15, 1980.

In order to complete these necessary discovery activities and such prompt follow-up activities as may be required after taking the aforementioned depositions, Applicants move the Board to extend the discovery period for all parties until August 31, 1980. The proposed discovery _ schedule is consistent with the scheduling of hearings in the " fall of 1980 or winter of 1980-81" on construction and QA/QC matters -

suggested by the Board in its Memorandum of March 10, 1980.

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i Staff counsel and Intervenors CCANP and CEU have authorized counsel to state that they have no objection to the extension requested herein.

Respectfully submitted, hF a.cA Jack R. Newman '

Robert H. Culp David B. Raskin 1025 Connecticut Avenue, NW Washington, DC 20036 Finis Cowan Thomas Hudson Melbert D. Schwarz 3000 One S% ell Plaza Houston, Texas 77002 Attorneys for HOUSTON LIGHTING  !

& POWER COMPANY, Project I Manager of the South Texas Project I acting herein on behalf of j itself and the other Applicants,  ;

THE CITY OF SAN ANTONIO, TEXAS, i acting by and through the City Public Service Board of the City of San Antonio, CENTRAL POWER AND LIGHT and l THE CITY OF AUSTIN, TEXAS OF COUNSEL:

LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Aveliue, NW Washington, DC 20036 BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002 I

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

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HOUSTON LIGHTING & POWER COMPANY, ) Dockets Nos. 50-498-OL ET AL. ) 50-499-OL

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(South Texas Projpct, Units 1 & 2) )

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,, CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' Motion for Extension of Discovery Period in the above-captioned proceeding, were served on the

, following by deposit in the United States mail, postage pre-paid, or by hand delivery, this 24th day of April, 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 W. Lowerre, Esq.

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

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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 Poard U. S. Nuclear Regulatory Commission Washington, 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

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