ML19318B480
| ML19318B480 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 06/23/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Marrack D HOUSTON LIGHTING & POWER CO., MARRACK, D. |
| References | |
| NUDOCS 8006260211 | |
| Download: ML19318B480 (3) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t
US N THE ATOMIC SAFETY AND LICENSING BOARD 5.
,JUN 2 31980
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~I Sheldon J. Wolfe, Esquire, Chainnan g..,[.,,.$M M Dr. E. Leonard Cheatum, Member c::
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Gustave A. Linenberger, Jr., Member
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In the Matter of
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HOUSTON LIGHTING AND POWER COMPANY
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Docket No. 50-466 CP
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l (Allens Creek Nuclear Generating
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Station, Unit 1)
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MEMORANDUM AND ORDER (June 23,1980)
. Memorandum On June 19, 1980, Applicant filed a Motion For Issuance of Subpoena.
Therein, the appearance of Dr. D. Marrack, an Intervenor, was sought for the taking of his deposition on June 27, 1980.
In the past, the Board has had occasion to suggest that the parties conduct discovery informally without calling unduly upon the Board to resolve differences. This suggestion has fallen on deaf ears. On May 22, 1980, Applicant had served a Notice of Deposition, requesting Dr. Marrack's appearance for the taking of his deposition on June 20th. On June lith, Dr. Marrack submitted in a less than reasonably timely manner a document which, in sub-stance, was a Motion For A Protective Order.
Therein Dr. Marrack objected to the aforementioned Notice in that Applicant had not previously discussed a convenient time and place for the deposition, and in that he would be i^
.il out-of-state on June 20th.
In its Motion of June 19th, Applicant stated If A third objection advanced by Dr. Marrack is not material herein.
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. that it had not been served with the document submitted by Dr. Marrack on June lith; that said Intervenor had not contacted Applicant to request an alternative date for his deposition; that in a discussion on June 19th, after Applicant had secured a copy of the June lith submission, Dr. Marrack indicated he would not be available for a deposition until July 8th; and, that, if the deposition was not taken until July 8th, no time would be left for a follow-up deposition prior to July 9,1980, the cut-off date for discovery.
As indicated above, there has been an abysmal lack of comunication
'between these two intransigent parties. Further, the Board will not engage in the fruitless exercise of issuing a subpoena, since Dr. Marrack has indicated he would not be available until July 8th.
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Order 1.
Dr. Marrack's submission of June 11, 1980, which, in.,ubstance, 2_/
was a Motion For A Protective Order, has been mooted and is thus denied.
2/ For the record: On June 18, 1980, because of the shortness of time, the Chaiman's secretary telephoned Applicant's counsel, Mr. Culp, advising that the Board had received Dr. Marrack's submission of June lith, that the Board suggested that Applicant discuss this matter with Dr. Marrack, and that Appli-cant write a letter to the Chaiman concerning the informal agreement (if any) for the taking of the deposition at a later date. Upon being advised that Mr.
Culp had not received Dr. Marrack's June lith submission, Mr. Wolfe's secretary furnished a copy thereof.
i On June 19th, Mr. Culp telephoned the Chaiman's secretary advising that the deposition would not be taken on June 20th, that Dr. Marrack would not agree on a future date, and that Applicant would request the issuance of a subpoena for the taking of the deposition at a later date.
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Applicant's Motion For Issuance Of Subpoena filed on June 19, 1980 is denied. Applicant may file a Motion For Issuance of Subpoena to secure the appearance of Dr. Marrack for the taking of his deposition on July 8, 1980.
FOR THE ATOMIC SAFETY AND LICENSING BOARD 1 YM Sheldon JQ Wolfe,Msquire Chainnan Dated at Bethesda, Maryland this 23th day of June,1980.
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