ML19318B958
| ML19318B958 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 06/24/1980 |
| From: | Copeland J, Culp R BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006300334 | |
| Download: ML19318B958 (4) | |
Text
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UNITED STATES OF AMERICA y
NUCLEAR REGULATORY COMMISSION ge
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l'
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see In the Matter of
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xN HOUSTON LIGHTING & POWER COMPANY )
Docket No. 50-466
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(Allens Creek Nuclear Generating )
Station, Unit 1)
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APPLICANT'S RESPONSE TO MOTION TO COMPEL FILED BY INTERVENOR MARRACK On Monday, June 23, 1980, counsel for Applicant received a Motion to Compel filed by Mr. Marrack.
Counsel also received for the first time a copy of the interrogatories which are the subject of the Motion to Compel.
Although there was no cover letter explaining to counsel where the documents had come from, counsel presumes that they were sent by Mr.
Marrack on Friday, June 20, as a result of a phone call to Mr. Marrack following receipt of his motion of June 11, wherein he objected to the taking of his deposition on June 20.
The Board will recall that l
Mr. Marrack also failed to make proper service of that motion.
Accordingly, the reason for Applicant's failure l
to answer the May 8 interrogatories is quite obvious --
Applicant never received the interrogatories.
For s ooss 00 33tf 7,
9 that reason a:one, the motion should be denied as pre-mature.
Having now read the interrogatories for the first time, Applicant believes that there are additional reasons for denying Mr. Marrack's motion.
The interrogatories all relate to Rentfro Contention 2 which was admitted in the Board's Memorandum and Order of April II, 1979.
By virtue of the Board's Order of November 19, 1979, discovery on that contention was to be completed in December,1979; therefore, the discovery request is untimely.
Finally, the interrogatories seek information with respect to a document that appears to have been written by the NRC Staff.
Applicant did not prepare the document referenced in the interrogatories and cannot answer any questions about the document.
For the foregoing reasons, the Motion to Compel should be denied.
Respectfully submitted, T N.
Jack R. Newman Robert H. Culp David B. Raskin 1025 Connecticut Avenue, NW Washington, DC 20036 J. Gregory Copeland C. Thomas Biddle Darrell Hancock OF COUNSEL:
Charles G. Thrash 3000 One Shell Plaza BAKER & BOTTS Houston, Texas 77002 3000 One Shell Plaze Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, NW Washington, DC 20036
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
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Docket No. 50-466,
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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i CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Response to Motion to Compel Filed by Intervenor Marrack 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 June, 1980:
Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.
Atomic Safety and Licensing i
Assistant Attorney General i
Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 washington, DC
?.0555 Capitol Station
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Dr. E. Leonard Cheatum Austin, Texas 78711 Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A.
Linenberger Atomic Safety and Licensing Wallis, Texas 77485 Board Panel U.S. Nuclear Regulatory Commission Hon. Leroy H. Grebe County Judge, Austin County Washington, DC 20555 P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section i
Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l
Atomic Safety and Licensing L
Appeal Board l
U.S. Nuclear Regulatory Commission Washingtori, DC 20555 i
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Steve Sohinki, Esq.
James M. Scott, Jr.
Staff Counsel 13935 Ivy Mount U.S. Nuclear Regulatory Sugar Land, Texas 77478 Commission Washington, DC 20555 William Schuessler 5810 Darnell John F. Doherty Houston, Texas 77074 4 327 Alconbury Street Houston, Texas 77021 Stephen A.
Doggett, Esq.
P. O. Box 592 Madeline Bass Framso'n Rosenberg, Texas 77471 4822 Waynesboro Drive Houston, Texas 77035 Bryan L. Baker 1923 Hawthorne Robert S. Framson Houston, Texas 77098 4822 Waynesboro Drive Houston, Texas 77035 J. Morgan Bishop Margaret Bishop Carro Hinderstein 11418 Oak Spring 609 Fannin Street Houston, Texas 77043 Suite 521 Houston, Texas 77002 W. Matthew Perrenod 4070 Merrick D. Marrack Houston, Texas 77024 420 Mulberry Lane Bellaire, Texas 77401 TexPIRG Att:
Clarence Johnson Br ida McCorkle Executive Director 6140 Darnell Box 237 U.C Houston, Texas 77074 University of Houston Houston, Texas 77004 F. H. Potthoff, III 7200 Shady Villa, #110 Houston, Texas 77080 Wayne E.
Rentfro P. O. Box 1335 Rosenberg, Texas 77471 Ns Ur -
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