ML19330C017
| ML19330C017 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 08/01/1980 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | Citizens Concerned About Nuclear Power, INC., CITIZENS FOR EQUITABLE UTILITIES, HOUSTON LIGHTING & POWER CO. |
| References | |
| ISSUANCES-OL, NUDOCS 8008070426 | |
| Download: ML19330C017 (6) | |
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NUCLEAR REGULATORY COMMISSION 2
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C26 ATOMIC SAFETY AND: LICENSING BOARD f,
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- s Charles Bechhoefer, Chairman Dr. James C.. Lamb Dr. Emmeth A. Luebke In the Matter of
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HOUSTON LIGHTING AND L
(South Texas Project,
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Units 1 and 2)
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2 0RANDUM AND ORDER ON DISCOVERY MOTIONS
( August 1,1980)
We deal here with three discovery motions which are pending before us.
1.
The first two are motions by the Applicants, dated April 15,1980 and May 8, 1980, to compel further answers to discovery by CCANP and CEU, respectively.
Neither CCANP nor CEU has responded to the motion against it; the Staff explicitly declined to respond to both motions.
Under normal circumstances, and absent any strong public interest considerations, we would grant both of these motions, since no response to either of them has been filed.
We are aware, however, that subsequent to the filing of the motions, the 9 50 %
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. x. Applicants have taken the depcsitions of representatives of both CCANP and CEU, and each of those parties has apparently produced additional documentation.
It may well be that the Applicants have received adequate responses to their inquiries.
If that is so, requiring further answers by CCANP and CEU would impose only unnecessary burdens on parties who, we understand, can ill afford such burdens.
Therefore, before embarking on an examination of the Applicants' specific inquiries, we request that they advise us, at their convenience, of the extent to which they still seek the action sought La their two motions.
Pending our receipt of such advice, we will take no action on the Applicants' motions.
2.
The other motion is CCANP's request, dated July 8, 1980, for an extension of the discovery period from September 2, 1980 to December 1, 1980.
The request was submitted on behalf of both CCANP and CEU.
It is not opposed by the Applicants or the NRC Staff.
That motion is hereby granted.
In granting this request, we wish to stress what we suggested in our Memorandum of March 10, 1980:
1.e.,
that a hearing on issues relating to asserted construction and QA/QC deficiencies (Contentions 1 and 2) might profitably be held in the near future (i. e.,-the f a l l nil 1980 or winter of 1980-81).
In seeking an extension of the discovery period, CCANP and CEU acknowledge that there is pending before the Commission their request for a hearing respecting the Staff's show-cause order
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3-of April 30, 1980.
Ther appear to recognize that it would not be appropriate for a hearing on Contentions 1 and 2 to begin prior to the Commission's action on the show-cause hearing request.
The Staff has also taken that position before us.
We agree.
The matters raised by the show-cause order appear to include the substance of Contentions 1 and 2 (although the relief which we could grant might well be broader than the relief sought under the show-cause order).
Any early hearing we might hold in this proceeding would likely have to be duplicated in large part if the Commission were to authorize a hearing in the show-cause proceeding.
We reiterate, however, that, whether the hearing is held under the aegis of the show-cause proceeding or this proceeding, the prompt resolution of the QA/QC issues is, in our view, in the public interest.
To the extent that the Commission were to determine that hearing of the issues in this proceeding is preferable to hearing them in a show-cause proceeding, we would, of course, be' prepared to admit into controversy here any issues comprehended by the show-cause order but not presently included in Conten:: ions 1 and 2.
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FOR THE ATOMIC SAFETY AND LICENSING BOARD i tir o b?0lle
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Charles Bechhoefer,8 Chairman Dated at Bethesda, Maryland, this 1st day of August, 1980.
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NUCLEAR REGULATORY COMMISSION s
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CERTIFICATE OF SERVICE E:
I hereby certify that I have this day served the foregoing document (s)
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upon each person designated on the official service ~ list co= piled by I
the Office of the Secretary of the Co= mission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
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b Dated at Washington, D.C. this day of dtc6 1976
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HOUSTON LIGHTING AND POWER COMPANY)
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(South Texas Project,
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SERVICE LIST b
Charles Bechhoefer, Esq., Chairman Jack R. Newman, Esq.
O Atomic Safety and Licensing Board Robert H. Culp, Esq.
U.S. Nuclear Regulatory Commission Lowenstein, Newman, Reia & Axelrad Washingten, D.C.
20555 1025 Connecticut Avenue, N.W.
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20036 lj Dr. Ja=es C. La=b, III
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313 Woodhaven Road Richard W. Lowerre, Esq.
Chapel Hill, North Carclina 27514 Assistant Attorney General F
Environmental Protection Division il Dr. Emmeth A. Luebke P.O. Box 12548, Capitol Station Atomic Safety and Licensing Board Austin, Texas 78711 U.S. Nuclear Regulatory Coc=1ssion i
Washington, D.C.
20555 nr. Lanny Alan Sinkin 333 E. Magnolia Counsel for NRC Staff 2,;,n:: ie., Tens 722 Office of the Executive Legal Director U.S. Nuclear Regulatery Co==issien Steven A. Sinkin, Esq.
Washington, D.C.
20555 116 Villita Street San Antonio, Texas 78205 Melbert D. Schwarz, Esq.
Charles G. Thrash, Jr., Esq.
Baker & Botts g
3000 One Shell Plaza.
Houston, Texas 77002
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Mrs. Peggy Buchorn, Exe. Director p
i Citizens #or Ecuitable Utilities Route 1, Box 432 p
Erazoria, Texas 77422 p
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