ML19339A778
| ML19339A778 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 10/30/1980 |
| From: | Copeland J, Culp R BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011050194 | |
| Download: ML19339A778 (5) | |
Text
3.
October 30, 1980 o
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION k
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY )
Docket No. 50-466
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(Allens Creek Nuclear Generating )
Station, Unit No. 1)
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APPLICANT'S RESPONSE TO JOHN DOHERTY'S MOTION FOR ADDITIONAL TIME TO ANSWER MOTIONS FOR
SUMMARY
DISPOSITION On October 22, 1980, Mr. Doherty filed a second request for an extension of time within which to respond to motions for summary disposition.
Applicant answered that motion on October 27.
Applicant has now received a third motion from Mr. Doherty dated October 25, 1980.
In tne latest motion Mr. Doherty asks for an indefinite extension of time to file supplemental responses to motions for summary judgment on his Contention Nos.
5, 15, 33 and 45.
As the basis for this motion, Mr. Doherty cites'_the NRC Staff's filing dated October 20, 1980 where-in the Staff notes that the Reed Report may become publicly available as a result of the Commission's recent decision in the Black Fox proceeding.
As the Board may know, the General Electric Company has filed suit in.the United States District Court for the District of Columbia seeking to enjoin the NRC from eenoso l V SSec Cr go
e releasing the Reed Report under the Freedom of Information Act.
There is absolutely no way to predict the length of that. litigation and thus Mr. Doherty's motion must be viewed as a request for an indefinite extension of time to file supplemental material with no foreseeable termination date.
The short answer to Mr. Doherty's motion is that he does not have to wait for the Raed Report to become available pursuant to the Freedom of Information Act to get the information he claims to be seeking.
The Applicant and GE have already agreed to produce those portions of the Reed Report which relate to the contentions in question.
Mr. Doherty was advised of this by letter dated September 30, 1980.
/ Thus, Mr. Doherty has already had the opportunity to review the very materials which he says he must review before he can provide com-plete answers to the motions for summary disposition.
Mr. Doherty never explains why he has not availed himself of the information that has been provided to him.
It is important to note that Mr. Doherty never demonstrates in this motion (or in any of the earlier motions) the relationship between Applicant's motions for summary disposition and the Reed Report.
At a minimum,
- / In order to see this information, all Mr. Doherty had to do in return was agree to a perfunctory amendment of the prior protective order issued by the Board with Mr.
Doherty's concurrence.
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. Mr. Doherty had the responsibility of examining those portions of the Reed Report made available to him, so that he could be in a position to advise the Board as to whether there was some arguable relevance between the Reed Report and Applicant's motions and to describe what additional information he needed.
Mr. Doherty has never undertaken this minimal effort.
His alleged inability to get the information which he claims to need is due to his own lack of diligence.
In sum, Mr. Doherty has shown no good cause for an extension of time to file supplemental responses to Applicant's motions for summary disposition.
Accordingly, his motion should be denied.
Respectfully submitted, NOM Jack R.
Newman Robert H. Culp David B. Raskin 1025 Connecticut Avenue, NW Washington, DC 20036 J.
Gregory Copeland C. Thomas Biddle Darrell Hancock 3000 One Shell Plaza Houston, Texas 77002 ATTORNEYS FOR APPLICANT OF COUNSEL:
HOUSTON LIGHTING & POWER COMPANY LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, NW Washington, DC 20036 BAKER & 30TTS 3000 Onc Shell Plaza Houston, Texas 77002
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY
)
Docket No. 50-466,
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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)
CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Response to John Doherty's Motion for Additional Time to Answer Motions for Summary Disposition were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery, this 30th day of October, 1980:
Sheldon J. Wolfe, Esq., Chairman Susan Plettman, Esq.
Atomic Safety and Licensing David Preister, Esq.
Board Panel State Attorney General's Office U.S. Nuclear Regulatory Commission P.O. Box 12546 Washington, DC 20555 Austin, Texas 78711 Dr.
E. Leonard Cheatum Route 3, Box 350A Watkinsville, Georgia 30677 Hon. Charles J.*Dusek Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Atomic Safety and Licensing Wallis, Texas 77485 Board Panel U.S. Nuclear Regulatory Commission Hon. Leroy H. Grebe Washington, DC 20555 County Judge, Austin County P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555
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James M. Scott, Jr.
Richard Black, Esq.
13935 Ivy Mount U.S. Nuclear Regulatory Sugar Land, Texas 77478 i
Commission Washington, DC 20555 William Schuessler 5810 Darnell John F. Doherty Houston, Texas 77074 4327 Alc'.,abury Street Houston, Texas 77021 Stephen A.
Doggett, Esq.
P. O. Box 592 Rosenberg, Texas 77471 Att:
Clarence Johnson Bryan L. Baker Executive Director 1923 Hawthorne Box 237 U.S.
Houston, Texas 77098 University of Houston Houston, Texas 7704 J. Morgan Bishop Margaret Bishop Carro Hinderstein 11418 Oak Spring 609 Fannin Street Houston, Texas 77043 Suite 521 Houston, Texas 77002 W. Matthew Perrenod 4070 Merrick D.
Marrack Houston, Texas 77024 410 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell Houston, Texas 77074 F. H. Potthof f, III 7200 Shady Villa, #110 Houston, Texas 77080 Wayne E.
Rentfro P. O. Box 1335 Rosenberg, Texas 77471
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