ML19318A976
| ML19318A976 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 06/19/1980 |
| From: | Copeland J HOUSTON LIGHTING & POWER CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006240464 | |
| Download: ML19318A976 (9) | |
Text
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UNITED STATES OF AMERICA s
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NUCLEAR REGULATORY COMMISSION o,
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek Nuclear Generating S
Station, Unit 1)
S TO:
Sheldon J. Wolfe, Esq., Chairman Atomic Safety and Licensing Board Panel l
1 MOTION FOR ISSUANCE OF SUBPOENA j
i Houston Lighting & Power Company hereby moves for issuance of a subpoena for the appearance of Dr. D. Marrack, one of the Intervenors in this proceeding.
Applicant had previously issued a notice of appearance for Dr. Marrack requesting his appearance for a deposition on Friday, June 20, 1980.
He received a copy of this notice on May 27, 1980.
On Wednesday, June 18, the undersigned counsel received from the Board a copy of a letter from Dr. Marrack to the Board objecting to the taking of his deposition on the 20th.
Dr.
Marrack's letter was never served on the undersigned counsel nor did Dr. Marrack ever call counsel to request an alternative date for his deposition.
After receiving a copy of the letter counsel did contact Dr. Marrack in an attempt to work out an alternative date for his deposition.
Dr. Marrack
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indicated that he would not be available for a deposition until July 8, which is the day before cut-off of the discovery in this proceeding.
Counsel indicated that this date was totally unacceptable and was unable to arrive at another mutually acceptable date.
In sum, Dr. Marrack received notice of the June 20 deposition on May 27, 1980.
Dr. Marrack never contacted counsel to advise them that this date was unacceptable and it was only two days before the deposition was to take place that counsel discovered that Dr. Marrack would not appear at j
his deposition on June 20.
In contacting Dr. Marrack on June 19, Dr. Marrack made it clear that he would not make himself available for a deposition until the very end of i
discovery.
This is a totally untenable position since Applicant would be left with no time for follow up discovery subsequent to the deposition if, in fact, the deposition were to take place on the next to the last day of discovery.
For the foregoing reasons, Applicant requests issuance of the attached subpoena.
Respectfully submitted, l
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7'Greggyppelahd
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ttorney for Applicant Houston Lighting & Power Company i
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek Nuclear Generating S
Station, Unit 1)
S CERTIFICATE Of SERVICE I hereby certify that copies of the foregoing Motion for Issuance of Subpoena in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 19th day of June, 1980.
Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.
Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 1254R Washington, D. C.
20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 3507 Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C.
20555 P. O.
Box 99 Bellville, Texas 77418 Mr. Chase R.-Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C.
20555 Washington, D. C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 l
Steve Sohinki, Esq.
Carro Hinderstein Staff Counsel 609 Fannin, Suite 521 U.S. Nuclear Regulatory Commission Houston, Texas 77002 Washington, D. C.
20555 D. Marrack Mr. Bryan L. Baker 420 Mulberry Lane 1118 Montrose Bellaire, Texas 77401 Houston, Texas 77019 Mr. J. Morgan Bishop Stephen A. Doggett, Esq.
11418 Oak Spring P. O.
Box 592 Houston, Texas 77043 Rosenberg, Texas 77471 Mr. John F. Doherty Robert S. Framson 4327 Alconcury Madeline Bass Framson Houston, Texas 77021 4822 Waynesboro Houston, Texas 77035 Ms. Brenda McCorkle 6140 Darnell Mr. W. Matthew Perrenod Houston, Texas 77074 4070 Merrick Houston, Texas 77025 Mr. Wayne E. Rentfro P. O. Box 1335 Mr. James M.
Scott Rosenberg, Texas 77471 13935 Ivy Mount Sugar Land, Texas 77478 Mr. F.
H. Potthoff 7200 Shady Villa, No. 110 Houston, Texas 77080
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Subpoena for Deposition UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek Nuclear Generating S
Station, Unit 1)
S TO:
D. Marrack, M.B.,
B.S.,
M.D.,
F.C.P.
420 Mulberry Lane Bellaire, Texas 77401 YOU ARE HEREBY COMMANDED to appear at 3000 One Shell Plaza in the City of Houston, Texas, on the 27th day of June, 1980, at 9 o' clock A.M.
(and thereafter from day to day, if necessary) for the taking of your deposition in the above-entitled action pending before the Atomic Safety and Licensing Board of the Nuclear-Regulatory Commission and bring with you the document (s) or object (s) described in the attached schedule.
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By 19....
r J. Gregory Copeland Attorney for Houston Lighting
& Power Company BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002 (713) 229-1234 10 C.F.R. 2.720 (f)
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
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SCHEDULE FOR DEPOSITION i
1.
All documents which relate to your Contention 2(c) admitted by the Order of the Atomic Safety and Licensing Board on flarch 10, 1980.
Instructions If you claim that any document requested hereunder is privileged, with respect to each such document, please provide the following:
(a) dater (b) type of document; (c) identity of author and addresses; (d) present location and custodian; (e) any other description necessary to enable the custodian to locate the particular document; (f) the basis for the claimed privilege; and (g) a detailed description of the nature of any judicial protection alleged to be necessary to protect the privilege or confidential nature of any such document.
" Documents" means, without limiting the generality of its meaning, all or original (or copies where originals are unavailable) and non-identical copies (whether different from originals by reason of notation made on such copies or otherwise) of all written, recorded or graphic matter, however produced or reproduced, whether or not now in existence, of correspondence, telegrams, notes or sound recordings of any type of conversation, meeting or con-ference, minutes of directors' or committee meetings, memoranda, inter-office communications, studies, analyses, notes, books, records, reports, summaries and results of investigations and. tests, reviews, contracts, e7reements, pamphlets,. diaries, calendar or diary entries,
.aps, graphs, charts, statistical records, computer data or papers similar to any of the foregoing, however denominated, including
. preliminary versions, drafts or revisions of any of the foregoing and any supporting, underlying or preparatory material.
~-" Relating to" means consist of, refer to, reflect or be in any way legally, logically or factually connected with the matter discussed.
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RETURN ON SERVICE Received this subpoena at
............ on
............... and on................ at served it on the within named........
by delivering a copy to h.... and tendering to h....
the fee for one day's attendance and the mileage allowed by law.
Dated............
19....
By...........................
Service Fees Travel Services.................$
Total....................$
Subscribed and sworn to before me, a...................
this..... day of..................,
19....
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