ML19343B684
| ML19343B684 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 12/08/1980 |
| From: | Horin W, Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | |
| References | |
| NUDOCS 8012300057 | |
| Download: ML19343B684 (5) | |
Text
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D cemb2r 8, 1980
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NUCLEAR REGULATORY COMMISSION
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/f BEFORE THE ATOMIC SAFETY AND LICENSING BOA tanck In the Matter of
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TEXAS UTILITIES GENERATING
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Docket Nos. 50-445 COMPANY, et al.
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50-446 J.i
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(Comanche Peak Steam Electric
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~.3 Station, Units 1 and 2)
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APPLICANTS' WITHDRAWAL OF MOTION TO COMPEL CASE Texas Utilities Generating Co., et al.
(" Applicants")
hereby withdraw Applicants' September 18, 1980, Motion to Compel Citizens Association for Sound Energy (" CASE") to respond to Applicants' first set of interrogatories to CASE, filed August 1, 1980.
On November 17, 1980, the Atomic Safety and Licensing Board
(" Board") in the captioned pro-ceeding granted CASE an extension of time until December 1, 1980, to supplement its response (October 2, 1980) to Applicants' motion to compel and/or its answers (September 3, 1980) to Applicants' first set of interrogatories and re-quests to produce.
Also, the Board gave Applicants the opportunity to withdraw, modify or affirm their motion to compel CASE by December 8, 1980, in view of CASE's supplement (which was filed on December 1,1980).
In these circumstances,
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. Applicants hereby withdraw their September 18, 1980 motion to compel, */
Applicants do not withdraw or modify their motions to compel directed to Citizens for Fair Utility Regulation
("CFUR"), dated September 30, 1980, and Texas Association of Community Organizations for Reform Now
(" ACORN"), dated September 12, 1980.
Those motions demonstrate the inade-quacy of the responses of CFUR and ACORN to Applicants '
interrogatories and requests to produce and seek appropriate orders by this Board to compel responses frem those Inter-venors to Applicants' discovery requests.
Discovery in this proceeding has bogged down, in large measure due to the unwillingness of these Intervenors to comply with lawful and reasonable discovery requests.
Applicants served their first discovery requests on the parties in August, yet only CASE has attempted to provide meaningful responses thereto (some four months after Appli-cants' request was served).
We submit that this flagrant disregard of NRC Rules of Practice should not be sanctioned,
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\\pplicants will, however, file a timely response to
.ASZ's motion for a protective order set forth in its
.fecember 1, 1980 supplement.
(See p. 7 of CASE's iupplement.')
. and request that the Board promptly dispose of the Septem-ber 12 and September 30 motions to compel, so that the orderly progress of this proceeding may resume.
Respectfu ly submitted,
.b Nichol.'$ S.
Reynolds a
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,.illiam A.
Horin Debevoise & Liberman 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9817 Counsel for Applicants December 8, 1980
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445 COMPANY, el al.
)
50-446
)
(Comanche Peak Steam Electric )
(Application for Station, Units 1 and 2)
)
Operating License)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicants' Withdrawal of Motion to Compel Case", in the above captioned matter were served upon the following persons by deposit in the United States mail, first class postage prepaid this 17th day of October, 1980:
Valentine B. Deale, Esq.
Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.S. Nuclear Regulatory 1001 Connecticut Avenue, N.W.
Commission 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 Legal 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 Commission Division Washington, D.C.
20555 P.O. Box 12548 Capitol Station Chairman, Atomic Safety and Austin, Texas 78711 Licensing Board Panel U.S. Nuclear Regulatory Mr. Richard L.
Fouke Commission CFUR Washington, D.C.
20555 1668B Carter Drive Arlington, Texas 76010
O
.. - 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 4021 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
/
William A. Horin cc:
Homer C. Schmidt Spencer C. Relyea, Esq.
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