ML19320D625

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Order Advising That ASLB Will Dismiss R Framson Contention 1 & Will Permit Litigation of Jf Doherty Contention 11.Directs Fh Potthoff to Respond to Applicant First Interrogatories by 800729.Marrack Motion to Quash Subpoena Denied as Moot
ML19320D625
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 07/16/1980
From: Wolfe S
Atomic Safety and Licensing Board Panel
To: Doherty J, Framson R, Potthoff F
AFFILIATION NOT ASSIGNED, DOHERTY, J.F.
References
NUDOCS 8007220004
Download: ML19320D625 (2)


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UNITED STATES OF AMERICA usso NUCLEAR REGULATORY COMMISSION p}

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THE ATOMIC SAFETY AND LICENSING BOARD Obsf the Secretary 00 Senice 7,

Sheldon J. Wolfe, Esquire, Chairman

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Dr. E. Leonard Cheatum, Member Q

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N Gustave A. Linenberger, Jr., Member In the Matter of

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HOUSTON LIGHTING AND POWER COMPANY Docket No. 50-466 CP (Allens Creek Nuclear Generating

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Station, Unit 1)

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ORDER (July 16,1980) 1.

In a letter dated June 14, 1980, Mr. and Mrs. Robert Framson advised that, due to certain exigencies, they would be unable to attend calendared events in the instant case. By no later than July 25, 1980, the Framsons shall notify the Board whether they intended that the afore-

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mentioned letter should be considered as a motion to withdraw as as inter-vening party.

If the Framsons advise that this was their intention, the Board will grant the motion and disir.f ss Framson Contention 1.

Mr. Doherty, of course, may proceed to litigate his Contention 11, which had been consoli-dated with Framson Contention 1 (see Order of May 23,1980).

2.

In a Motion To Compel Answers To Interrogatories dated June 24, 1l 1980, Applicant requested the issuance of an order compelling F. H. Potthoff to answer Applicant's first set of interrogatories and requests for produc-tien of documents served on May 17, 1980.

Mr. Potthoff had neither answered 1/ Applicant's Motion reflects the date of June 24th while its service list reflects a date of June 20th.

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the interrogatories nor objected to them. Further, said intervening party did not respond to the instant Motion To Compel by the due date of July 9, 1980. Accordingly, the instant motion is granted, and Mr. potthoff is directed to respond to Applicant's first set of interrogatories and requests for production of documents by no later than July 29, 1980.- ie. said response must be mailed by no later than July 29, 1980.

3.

Acting upon Appitcant's Motion For Issuance of Subpoena, on July 1, 1980, the Acting Chaiman of the Board issued a subpoena directing the appearance of Dr. Marrack on July 8, 1980 for the taking of his deposition.

On July 6, 1980, Dr. Marrack filed a Motion To Quash Subpoena and so advised the Chainnan in a te'.3 phone conversation on July 7,1980.

In a telegram dated July 8,1980, said intervening party advised that Applicant and he had agreed to the taking of his deposition on July 15th and thus that his motion to quash had been mooted. Accordingly, the motion to quash is denied.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Aa%\\ Md/,

SheldonJ.Wgfe,Etquire Chainnan Dated at Bethesda, Maryland this 16th day of July,1980.

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