ML19330B218

Motion for Discovery Schedule Extension Until 801201.NRC 800430 Order to Show Cause Wording Parallels Contention 1.7 Which May Be Resolved by Util Corrective Actions in Answer to Order.W/Certificate of Svc.Related Correspondence

ML19330B218
Person / Time
Site:	South Texas
Issue date:	07/08/1980
From:	Sinkin L Citizens Concerned About Nuclear Power, INC., CITIZENS FOR EQUITABLE UTILITIES
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8007310145
Download: ML19330B218 (4)

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• e' NULLEAR REGULATORY COMMISSION k { }d E .n.i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD / v i tb

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In the Matter of $

Docket Nos. 50-498 OL HOUSTON LIGHTING & POWER COMPANY,

' 50-499 OL

• ET AL Q (South Texas Nuclear Project Units 1 and 2)

MOTION FOR EXTENSION OF DISCOVERY PERIOD

, Citizens Concerned About Nuclear Power, Inc., acting herein on behalf of itself and Citizens for Equitable utili-j ties, moves the Atomic Safety and License Board for an order extending to December 1,1980, the discovery period established j by the Board's Memorandum and Order of August 3, 1979, as modified by the Board's Memorandum and Order Modifying Disco-

very Schedule dated January 16, 1980 and the Board's Order Extending Discovery Period dated April 28, 1980.

An extension of the discovery period is required for the

! following reaans:

[ (1). On April 30, 1980, the Nuclear Regulatory Commission i

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issued an Order to Show Cause (Effective Immediately). This Order detailed violations of various sections of 10 CFR 50 and included a major discussion of intimidation, harrassment, and threats directed at licensee's Quality Control / Quality Assurance inspectors by licensee's construction personnel and a lack of management support for the inspectors. The findings of the Nuclear Regulatory Commission investigation and the wording of the Order to Show Cause closely parallel the wording of CCANP/CEU contention 1.7. now pending before l the Atomic Safety and Licensing Board. The Applicants have l until July 31, 1980, to satisfy the Nuclear Regulatory Commission that adequate corrective measures have been taken 1

in response to the Order. If no such satisfaction is forthco- ,

ming, the Commission may suspend the construction permit. If further violations are uncovered, the Commission may take l M) 5 0

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further action. The Order provided that the licensee or other affected party could request a public hearing on the Order. On May 27, 1980 CCANP and CEU requested such a hearing.

On May 28, 1980, CCANP and CEU filed a formal statement in support of that request. A copy of that statement was also sent to the members df 'the Atomic Safety and Licensing Board.

• A major reason for the requested public hearing was the identification of witnesses, the review of their testimony to Nuclear Regulatory Commission investigators, the opportu-nity to examine those witnesses, and the possible taking of further depositions from the witnesses. Both the Applicants i

and the Nuclear Regulatory Commission staf f filed opposition to the hearing reque. . As of the date of this Motion, the l Commission has not ruled on the hearing request. Should the request be granted, CCANP and CEU foresee that further disco-i I

very of an extensive nature would take place, particularly

the taking of depositions of the witnesses to date unidenti-fied. Should the -equest for a public hearing be denied.

i CCAhP and CEU would then pursue other avenues seeking the identities of the witnesses whose testimony led to the Order I

to Show Cause. A Freedom of Information Act request, a disco-i very request, or other appropriate actions would be taken by CCANP and CEU. Under the current discovery schedule, less than eight (8) weeks are now left. CCANP and CEU do not consider this suf ficient time to proceed in an orderly manner.

(2). Recently, Congressman Robert Eckhardt of Hous, ton l announced that the Subcommittee on Investigations and Oversight of the House Committee on Interstate and Foreign Commerce I k

would conduct an investigation of the South Texas Nuclear Project and hold public hearings in the summer of 1980. As 1 this investigation was prompted in part by the Order to Show i l

' Cause, the results of the investigation may well produce evidence relevant to CCANP/CEU contentions pending before Page 2

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the Atomic Saf ety and Licensing Board. Should such new evidence be uncovered. CCANP and CEU anticipate further discovery

, activities.

In order to complete discovery and in the interest of

developing a full a record as possible prior to any further hearings .5y the Atomic Safety and Licensing Board, CCANP and CEU move the Board to extend the discovery schedule until December 1, 1980.

Respectfully submitted, i

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Lanny Alan Sinkin Co-Coordinator Citizens Concerned About Nuclear Power, Inc.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 6 Docket Nos. 50-498 OL HOUSTON LIGHTING & PCWER COMPANY, 50-499 OL ET AL .  %

(South Texas Nuclear Project .

Units 1 and 2) $

CERTIFICATE OF SERVICE

! hereby certify that a true and correct copy of Intervenors' Motion for Extension of Discovery Period in the above-captioned proceedings were served on the following by deposit the United States Mail, postage pre-paid, this 8th day of July, 1980.

Charles Bechhoefer, Esquire Mr. Jack Newman Chairman Lowenstein, Newman, Reis, i

Atomic Safety and Licensing Board Axelrad & Toll U. S. Nuclear Regulatory Commission 1025 Connecticut Avenue, NW Washington, D.C. 20555 Washington, D.C. 20036 i

! Dr. James C. Lamb Mrs. Peggy Buchorn I

313 Woodhaven Road Executive Director "hapel Hill, North Carolina 27514 Citizens for Equitable

. Utilities

! Dr. Emmeth A. Luebke Route 1, Box 432 Atomic Safety and Licensing Board Brazoria. Texas 77422 l U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel i Steve Schinki, Esquire I

U. S. Nuclear Regulatory Commission Hearing Attorney Washington, D.C. 20E55 Office of the Executive i

Legal Director Atomic Safety and Licensing U. S. Nuclear Regulatory Commission Appeal Panel (5)

Washington, D.C. 20555 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard W. Lowerre, Esquire Assistant Attorney General Docketing and Service Section for the State of Texas Office of the Secretary P. O. Box 12548 U. S. Nuclear Regulatory Commission Austin, Texas 78711 Washington, D.C. 20555 Mr. Finis Cowan, Esquire Baker and Botts 3000 One Shell Plaza ~

Houston, Texas 77002 ' n;\

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.. Lanny Alan Sinkin s, ' DOL- C

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