ML19343B037
| ML19343B037 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/17/1980 |
| From: | Deale V Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8011240513 | |
| Download: ML19343B037 (4) | |
Text
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s UNITED STATES OF AMERICA Ig,,;,}' s.gipII % >
NUCLEAR REGULATORY COMMISSION u~
mI %m qj BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j
Valentine B. Deale, Chairman e
. I Dr. Richard F. Cole
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Dr. Forrest J. Remick NOV 10 r,JJ In the Matters of
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TEXAS UTILITIES GENERATING COMPANY
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50-446
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ij (Comanche Peak Steam Electric Station,
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Units 1 and 2)
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g, Grant of Time Extension
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1.
On October 14, 1980, CASE filed " CASE's Motion for Extension of Time To Supplement Response to Applicants' Motion To Compel; and Motion for Providing NRC Issuances."
Applicants and NRC' Staff filed answers served respectively on October 28 and November 3, 1980.
2.
By its first motion, CASE sought, "10 days' addi-tional time in which to supplement our response to Applicants' Motion to Compel after we have received the specific items ordered from the NRC Public Document Room on October 9."
By its second motion, CASE sought, "That the Board have copies of the 1978, 1979, and 1980 on (as they become available) NRC Issuances made available at the University of Texas at Arlington Library mini-public documents room."
In support of its motion, CASE stated that it had filed on October 2, 1980 its response to Applicants' Motion To Compel of September 18, 1980 and 3> sob S*/
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that after considerable search -- including the checking of 9 sg.eci#ied university, state, county and city libraries in Texas as well as NRC Region IV office in Arlington -- CASE was unable to locate NRC decisions cited in Applicants' motion to compel and thus was frustrated in supplementing its answer to Applicants.
In the same vein, CASE noted that NRC Staff's answer to Applicants' motion to compel ACORN, filed October 2, 1980, also referenced decisions which CASE wanted to review.
3.
In its answer to CASE's motion for an extension of time, Applicants pointed out that CASE's motion was untimely.
Nevertheless, Applicants did not object to CASE's motion, premising their position on the expectation that CASE will j
file "in the very near future" the supplement *o its answer to Applicants' motion to compel.
Applicants further expressed the opinion that CASE should be afforded access to NRC de-i t
cisions, without taking a position on whether the Board or 1
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the NRC Staff should make the necessary arrangements.
l 4.
The NRC Staff concluded that CASE should be allowed
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an extension of time of ten (10) days after receipt of the items which it had ordered from the NRC Public Document on October 9, 1980 and that in view of steps taken by the NRC Staff, the Board need not take any action toward securing the requested NRC issuances for CASE.
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On November 12,.1980, the Board was informed by the i
NRC Staff that practically every item requested by CASE had 1
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! been made-available that day to the mini-public document room at the University of Texas at Arlington, that steps were promptly being taken to make so available the missing few items, and that CASE had been so informed.
On the following day, Novem-ber 13, 1980, CASE's President, Mrs. Juanita Ellis, confirmed by telephone to the Board Chairman that such was the situation.
6.
Taking the foregoing into consideration and the follow-ing filings, namely, " Applicants' First Set of Interrogatories to CASE and Requests To Produce," served August 1, 1980," CASE's Ans.Jers to Applicants' First Set of Interrogatories and Fequests To Produce," served September 3, 1980, and " Applicants' Motion To Coppel and Answers to CASE's Request for Clarification of Certain Interrogatories and to CASE's Motion for Tn Extension of Time," served September 18, 1980, the Board rules that CASE may file on or bef6re December 1, 1980 a supplement to its answer of October 2, 1980 to Applicants motion to compel and a supplement to its anc?ars of Septericr 3, 1980 to Applicants' first set of interrogatories and requests to produce.
7.
The Board has decided to permit this extra time for CASE to acquire better understanding of discovery in NRC licensing proceedings and to afford CASE additional opportunity to prepare its requested supplement to its answer to Applicants' motion to compel CASE of September 18, 1980 and to overcome serious deficiencies in its answer to Applicants' interroga-tories and requests, which deficiencies may reflect CASE's misunderstanding of the nature and purpose of discovery.
For
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. a useful and recent NRC reference on the nature and purpose of discovery, the Board suggests the decision by the Atomic Safety and Licensing Appeals Board in Pennsvivania Power & Light Ccmpany and Allecheny Electric Coocerative, Inc.
(Susquehanna steam Electric Station, Units 1 and 2), ALAB-613, 11 NRC - (September 23, 1980).
At the Board's request, the Docketing and Service Branch of the Office of the Secretary is forwarding a copy of this Appeals Board decision to each intervenor.
8.
In view of the foregoing opportunity provided CASE to supplement its answers to Applicants, the Board is also per-mitting Applicants to withdraw, modify or affirm by December 8, 1980 Applicants' =otion to compel, etc., served September 18, 1980.
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Done on thJ.s /,
ay of November, 1980 at Washington, D.C.
ATOMIC SA I AND LICENSING BOARD 4
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Vdflentine B.
Deale', Chairman
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