ML19341D672

Motion for Order to Compel Tx Association of Community Organizations for Reform Now to Respond to Applicants' 810302 Second Set of Interrogatories & Requests to Produce. Certificate of Svc Encl.Related Correspondence

ML19341D672
Person / Time
Site:	Comanche Peak
Issue date:	03/31/1981
From:	Horin W, Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8104080381
Download: ML19341D672 (6)

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1 r- e, March 31, 1981 j 4

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/[ gn 1TED Conn 23rc.NDENCE UNITED STATES OF AMERICA g C, t-

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'.I' .atter of )

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l TEXAS UTILITIES GENERATING

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) Docket Nos. 50-445

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l l COMPANY, et al. ) 50-446 I l )

(Comanche Peak Steam Electric ) (Application for Station, Units 1 and 2) ) Operating License)

APPLICANTS' MOTION TO COMPEL ACORN TO RESPOND TO APPLICANTS ' SECOND SET OF INTERROGATORIES Pursuant to 10 C.F.R. 52. 740 (f) , Texas Utilities Generating Company, et al. (" Applicants") hereby move the Atomic Safety and Licensing Board (" Board") in the cap-tioned proceeding for an order compelling Texas Associ-tion of Community Organizations for Reform Now ( " ACORN")

to respond to Applicants' Second Set of Interrogatories to ACORN and Requests to Produce, filed March 2, 1981.

For the reasons set forth below, Applicants urge the Board to order ACORN to respond to Applicants' interrogatories by April 10, 1981.

Motion to Compel On March 2, 1981, Applicants served their second set of interrogatories to ACORN. Those interrogatories concerned Contentions 10, 12 and 14, dealing with asymmetric loading from-pipe breaks, evaluating compliance with GDC 2, and l d.c. power systems, respectively. ACORN was required to g o *>

810.40 80 3TI g g,[(

have responded to Applicants' interrogatories by March 23, 1981. 10 C.F.R. 52.740b(b). To date, Applicants have received no response from ACORN regarding those inter-rogatories. Accordingly, pursuant to 10 C.F.R. 5 2. 740 ( f) ,

Applicants move the Board to issue an order compelling ACORN to respond immediately,to Applicants' second set of interrogatories. A proposed form of order is attached hereto for the convenience of the Board.

Respec*f lly submitted, Nicho:

f . Reynolds v

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William A. Horin DEBEVOISE & LIBERMAN 1200 - 17th Street, N. W.

l Washington, D.C. 20036 I (202) 857-9817 l

Counsel for Applicants l'

s March-31, 1981

? Etat 2D C03.223'ONLENCE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD [ di i f S,.f

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Before Administrative Judges D,

j APR f ;gg. , {~h Valentine B. Deale, Chairman Dr. Richard F. Cole i f; Dr. Forrest J. Remick '1. ' y M M3m 47

(;' .

In the' Matter of

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TEXAS UTILITIES GENERATING Docket Nos. 50-445 COMPANY, et al. )

50-446

)

I (Comanche Peak Steam Electric (Application for Station, Units 1 a..d 2) Operating License)

April __, 1981 ORDER (Granting Applicants' Motion to Compel ACORN)

1. On March 2,- 19 81, Applicants served " Applicants '

Second Set of Interrogatories to ACORN and Requests to Produce." -Those interrogatories sought information con-cerning Contentions 10,12 and 14 in the instant proceeding.

Pursuant-to 10 C.F.R. 52.740b(b) ACORN was required to respond'to. Applicants' interrogatories by March 23, 1981.

As of March 31, 1981 Applicants had not received a response to those interrogatories. Applicants moved the Board on that date for an orderfcompelling ACORN to respond to Applicants'. March 2, 1981, interrogatories.

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2. ACORN's failure to submit a response, either in the form of answers or objections, to Applicants' interroga-tories by March 23, 1981 contravenes the established time limits for responding to interrogatories. 10 C.F.R.

52. 740b (b) . Neither has ACORN moved for an extension of time in which to file a response. Accordingly, the Board grants Applicants' motion to compel.

ORDER For the foregoing reasons and in consideration of the record in this matter, it is on this day of April, 1981 ORDERED That Applicants' March 31, 1981 motion to compel ACORN is hereby granted, as follows:

That. ACORN respond to each of Applicants' interroga-tories, as set forth in Applicants' second set of inter-rogatories to ACORN, by April 10, 1981.

FOR THE ATOMIC SAFETY AND LICENSING BOARD I

Valentine B. Deale, Chairman

UNITED STATES OF AMERICA

, NUCLEAR REGULATORY CCMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 i COMPANY, et al.

~~

) 50-446 I )

( (Comanche Peak Steam Electric ) (Application for l Station, Units 1 and 2) ) Operating License)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicants' Motion to Compel ACORN to Respond to Applicants' Second Set of Interrogatories," in the above captioned matter were served upon the following persons by deposit in the United States mail, first class postage prepaid this 31st day of March, 1991:

Valentine B. Deale, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Panet Licensing Board U.S. Nuclear Regulatory 1001 Connecticut Avenue, N.W. Commission l

Washington, D.C. 20036 Washington, D.C. 20555 Dr. Forrest J. Remick, Member Marjorie Ulman Rothschild, Esq.

Atomic Safety and Licensing Office of the Executive Board Lege.1 Director 305 E. Hamilton Avenue U.S. Nuclear Regulatory State College, Pennsylvania 16801 Commission

( Washington, D.C. 20555

! Dr. Richard Cole, Member Atomic Safety and Licensing David J. Preister, Esq.

Board Assistant Attorney General U.S. Nuclear Regulatory Environmental Protection Ccmmission Division ,

l Washington, D.C. 20555 P.O. Box 12548 Capitol Station i Chairman, Atomic Safety and Austin, Texas 78711 Licensing Board Panel U.S.' Nuclear Regulatory Mr. Richard L. Fouke l Commission CFUR Washington, D.C. 20555 1668B Carter Drive Arlington, Texas 76010 l

l

Arch C. McColl, III, Esq. Mr. Geoffrey M. Gay 701 Commerce Street West Texas Legal Services Suite 302 100 Main Street (Lawyers Bldg.)

Dallas, Texas 75202 Fort Worth, Texas 76102 Jeffery L. Hart, Esq. Mr. Chase R. Stephens 402 Prescott Avenue Docketing & Service Branch Dallas, Texas 75219 U.S. Nuclear Regulatory Commission Mrs. Juanita Ellis Washington, D.C. 20555 President, CASE 1426 South Polk Street Dallas, Texas 75224 i

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g William A. Horin cc: Homer C. Schmidt Spencer C. Relyea, Esq.

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