ML19330B554
| ML19330B554 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 07/29/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Doherty J, Marrack D DOHERTY, J.F., MARRACK, D. |
| References | |
| ISSUANCES-CP, NUDOCS 8008050021 | |
| Download: ML19330B554 (3) | |
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UNITED STATES OF AMERICA O
NUCLEAR REGULATORY COMMISSION l
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THE ATOMIC SAFETY AND LICENSING BOARD 's JUL'3 0 580
- t!.2 Sheldon J. Wolfe, Esquire, Chairman Nlh8%7 3
Gustave A. Linenberger, Jr., Member Branc Dr. E. Leonard Cheatum, Member p
to 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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(Allens Creek Nuclear Generating Station,
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Unit 1)
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ORDER (July 29,1980) 1.
In a Motion to Compel Answers to Interrogatories filed on June 19, 1980, Applicant requested the issuance of an order compel-ling Dr. David Marrack to answer Applicant's first set of interro-gatories and requests for production of documents served on May 17, 1980.
Dr. Marrack had neither answered the interrogatories nor objected to answering them, and did not respond to Applicant's Motion to Compel.
Ultimately, without alluding to Applicant's Motion to Compel, Dr. Marrack submitted his response to Applicant's first set of interrogatories on July 8, 1980.
Dr. Marrack's response of July 3 was egregiously late since, pursuant to 10 C.F.R. 52.740b, it should have been served by June 5, 1980, and he did not respond to Applicant's Motion to Compel by the due date of Julv 7, 1980 as prescribed in 52.730(c).
The Board cautions Dr. Marrack that he must comply with our Rules of Practice.
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1 9S 8008050 4d2/ h
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2-However, we permit Dr. Marrack's untimely response of July 8 to be filed.
Accordingly, Applicant's Motion to Compel has been mooted and is denied.
2.
On July 14, 1980, Mr. John F. Doherty filed a Motion for Scheduling The Prehearing Conference, and on July 23, 1980, Dr. David Marrack filed a Motion That NRC Staff Schedule For Pre-hearing Conference and Other Date Deadlines Be Rejected and The Time Frames Extended.
Therein, these Intervenors proposed dates for the filings of motions for summary disposition, for responses thereto, for the holding of the prehearing conference, and for the commencement of the hearing.1/
The two Motions are denied.
In the Order of July 22, 1980, the Board hcs scheduled a prehearing conference to be held on August 13 and 14, 1980.
At that time, after hearing the discussion of all parties, the Board will be in a position to set the due dates for responses to motions for summary disposition and to establish dates for the filing of testimony and for the commencement of the
' first phase of the evidentiary hearing.
3.
In a letter dated July 15, 1980, Mr. John F. Doherty requested that the Board act on his Motion to Subpoena That Document 1/ n addition to proposing a schedule, after noting that the Appli-I cant and the NRC Staff consulted with one another and prepared a schedule prior to the informal conference between the parties on July 10, 1980, Dr. Marrack requested that we order that such exparte activities cease.
We decline to do so since we see nothing improper about two or more parties consulting upon H
scheduling matters prior to meeting with other parties.
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. Known as The Reed Report" From General Electr$c, Applicant's Ver. der which had been filed on January 12, 1980.
Via letter of July 22, 1980, Mr. Doherty requested leave to withdraw his request, and said request to withdraw is granted.
4.
In c letter dated July 24, 1980, Mr. and Mrs. Robert S.
Framson confirmed that their letter of June 14 should be treated as a Motion to Withdraw as an Intervening Party.
The motion is granted..The Framsons are dismissed as an intervening party, and their Contentfon 1 is dismissed.
IS IS SO ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
'$A%\\ 0h SheldonJ.{Iolfe, Esq., Chairman f
Dated at Bethesda, Maryland this 29th day of July 1980.
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