ML19337A195

Response in Opposition to Applicant Aug 1980 First Set of Interrogatories.Moves for Protective Order Due to Harassment & Intimidation.Requests Unspecified Extension of Time to Answer Interrogatories.Certificate of Svc Encl

ML19337A195
Person / Time
Site:	Comanche Peak
Issue date:	08/28/1980
From:	Gay G, Hawthorne S ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM, WEST TEXAS LEGAL SERVICES
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8009090238
Download: ML19337A195 (4)

Text

. -

,o-

% ~q g ' . ed)

DOCMTED e.

3 U$18e #h' UNITED' STATES OF AMERICA C SEP ggp 'd_

GUCLEAR REGULATORY COMMISSION s -61 9' Cu,_m Cf Lte $Ntelsq f.

kL'Uns & Servlet Blan6 /

. BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Gt @

.IN THE MATTER OF. S TEXAS UTILITIES GENERATING. COMPANY,S ET AL Docket Nos. 50-445 S 50-446 i

'(Comanche Peak Steam Electric Station,' Units 1 and 2) S j7 g p l30 ACORN'S OBJECTIONS TO APPLICANT'S FIRST 4

SET OF INTERROGATORIES AND MOTION FOR PROTECTION AND FOR EXTENTION OF TIME - TO ANSNER APPLICANT'E INTERROGATORIES On August 18, 1980, ACORN received Applicant's First Set of Interrogatories to ACORN and Requests to Produce, consisting.of 258 requests. ACORN objects to Applicant's Interrogatories in full and in general for the reason that t1e Interrogatories are burdensome and oppressive and designed to' annoy and prejudice ACORN, and for the further reason that

.much of.the information requested would be unnecessary, immcccerial, and irrelevant in the trial of the contentions approved by the Board and is not reasonably calculated to relate to the discovery of evidence admissible at the hearing _of ACORN's contentions.

ACORN specifically objects to. Interrogatories 1, 2, 11, 26,L27, 31, 32, 44, 46, 57, 71, 72, 101, 102, 142, 143, 189, 190, 214, 215, 246, and 247 for'the reason that the inquiry is

-not relevant to the pending litigation and is'not reasonably

8009090 M E lG

s

, ;p ,.

, , , Lt ; > , -

)

l C 'i , " #

fealculated ts) relate.tolthe discovery:of evid'nceJadmissible e Lat[timefof _th$ hearing 'on contentions approved by , the ' Board.

~

y (Further',KACORN objectsJthat these; interrogatories:area-form Joflharassment and.-annoyance /and;an3 attempt to boot-strap *

an attack.on(the~wordin'gEof contentions lpreviously considered

.and admitted'byftheLBoard.

,. E ACORN spe'cifically cobj ects yto . Interrogatories. 4, 5,

$34, 35, 74,575,;104,.105,.146, 147, 193,. 194, 218, and 219 .

for the . reason thct the inquiry is designed to 'be prejudicial -

'andlis not relevant .t'o' the subject matter involved in the r

contentions pending before the Board and. is not reasonably calculated to. relate to the discovery of evidence admissible

~at: hearing:en contentions. These interrogatories are. designed ,

.toLannoy and' oppress ACORN in documenting and transmitting the information requested and are a form of harassment- and intimidation.

-~In addition to the above~ objections and without waiving the 1same, - ACORN would show that ' it is entitled to an order for< protection from annoyance,. expense and oppression due to the1 concerted efforts;of Applicants to burden and harass-

' ACORN at$this early stage of the development of the issues t

before the Board. : ACORN-requests that the Board protect - ACORN ,

froml: lines 1of inquiry that' have no' purpose other than to b

' invade /thelprivacy_~of' ACORN's membership and to chill participation- ,

--in this proceeding or'that seek to attack contentions previously e . _

a

) 7 7 a0

- , - , . . _ _ q .y 79 ,,g,. , yg,, ,- p, 4,.

.,-, ,,9y,, gp,.9 ,i,.n,.,.3 9,--*,- g.,,p. ey 7 3 q

~. -

V ~

• m

~

~

- admitted-by_the Board by requiring further justification for.those~ contentions.

- Without waiving the foregoing, ACORN requests an extension of time to answer. the interrogator.tes propounded by Applicantis and would show the Board that ' counsel 'for ACOPE will be ' away from his office on vacation and business between August 27, 1980, and September 20, 1980. . In light of the ab'sence of counsel and the fact that discovery is at such an early .sta'ge that responses to the interrogatories would be of lit'le benefit to. Applicants, ACORN should be granted

-this its fiz.st request for an extension of t e.

Respectfully submitted, GEOFFREY M. GAY Attorney for ACORN West Texas Legal Services Lawyers Building 100 Main Street

-Fort Worth, Texas 76102 (817) 336-3943 t J Sarah Hawthorne Y

e I:

e

_e.

.o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF S TEXAS UTILITIES GENERATING COMPANY,

i. ET ' AL S Docket Nos. 50-445 J(Cr aanche Peak Steam Electric . Station, - S 50-446 Units l=and 2)

S

' CERTIFICATE OF SERVICE I hereby certify that copies of " ACORN's Objections to Applicant's First

' Set of Interrogatories and betion for Portection ard for Extension of Time to Answer Applicant's Interrogatories" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, on this eld 4 day of August, 1980.

Elizabeth S. Bowers, Esq. David Priester, Esq.

Atcmic Safety and Licensing Board Assistant Attorney General U.S. Nuclear Regulatory Cm mission Environmental Protection Division Washingtcn,' D. C. 20555 P.O. Box 12548, Capitol Station Austin, TX 78711

, Dr. Forrest J. Remick Atmd.c Safety and Licensing Board Mr. Richard Fouke 305 E. Hamilton Avenue 1668-B Carter Drive State College, PA 16801 Arlington, TX 76010 Richard Cole, Esq. Atcmic Safety ard Licensing Board Atcmic Safety and Licensing Board Panel U.S. Nuclear Regulatory Cm mission U.S. Nuclear Regulatory Cormission Washington, D. C. 20555 Washington, D. C. 20555 Nicholas S. Reynolds, Esq. Atomic Safety and Licensing Appeal Debevoise & Liberman Panel 1200 17th St.1N.W. U.S. Nuclear Regulatory Commission Washingtcn, D. C. 20035 Washington, D. C. 20555 Mrs. Juanita Ellis Docketing arxi Service Section President, CASS Office of the Secretary 1426 S. Polk Street U.S. Nuclear Regulatory Ca mission' Dallas, TX 75224 Washington, D. C. 20555 Marjorie Rothschild, Esq.

Counsel for NBC Staff U.S. Nuclear Regulatory Cm mission Washington,-D. C. 20555' GEummi M. GAY Attorney for ACORN By /2b  % 8/MC Sarah Hawthorne a-

..