ML19344A373

Response in Opposition to Citizens Association for Sound Energy 800804 Motion to Compel Reply to Certain 800707 First Interrogatories.Motion Premature Due to Applicants' Intent to Respond within Schedule.Certificate of Svc Encl

ML19344A373
Person / Time
Site:	Comanche Peak
Issue date:	08/14/1980
From:	Horin W, Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8008200033
Download: ML19344A373 (5)

Text

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UNITED STATES OF AMERICA 'd A U G 1 5 $ 90 > '.i G' u NUCLEAR REGULATORY CCMMISSICN C!Itt el the hCittt7 A Ccatte; 1 StnM3

• BEFORE THE ATCMIC SAFETY AND LICENSING ECARD g gnneg y

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In the Matter of )

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TEXAS UTILITIES GENERATING ) Cocket Nos. 50-445 CCMPANY, et - al. ) 50-446

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

APPLICANTS' ANSWER TO CASE'S MCTICN TO COMPEL Pursuant to 10 C.F.R. $2.730(c), Texas Utilities Generating Company, et al. (" Applicants"), hereby submit Applicants' answer to the Citizens Association for Scund Energy (" CASE") Response and Motien ("Respcnse and Motion"),

filed August 4, 1980. The CASE Respense and Motion recuested that the Atomic Safety and Licensing Scard ("Scard") ccmpel Applicants to respond to certain recuests for production of documents set fcrth in " CASE's First Set of Interrogatcries to Applicants," dated July 7, 1980. For the follcwing reascns Applicants submit that the Scard should dismiss CASE's Motion. 1/

-1/ Centrarv t5 CASE's assertion, Applicants' respense to CASE's Interrogatories was timely filed on July 28, 1980. In charging that Applicants filed their answers in an untimely fashicn (CASE Motion at pp. 1-2), CASE apparently misread the applicable Commission regulations for ccmputation of time for filing answers to interrc-gatories. See 10 C.F.R. }{2.710 and 2.74Cb(b).

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The Motion To Compel Is Premature The NRC Rules of Practice provide that a party submitting interrogatories or a request for production of documents may move the presiding officer for an order compelling responses to interrogatories or inspection of documents within 10 days after a party fails to res-pond or objects to the interrogatories or requests for production of documents. 10 C.F.R. $2.740(f). This l

prerequisite to the filing of a motion to ccmpel is absent in the instant situation. Applicants have pro-perly and timely responded to CASE's interrogatories and requests for production.

In Applicants' Response to CASE's First Set of Interrogatories and Requests to Prcduce, filed July 28, 1980, Applicants timely responded to CASE's interroga-tories and requested that CASE clarify certain requests for production. Cn August 11, 1980, Applicants timely responded to CASE's requests for prcduction as to which clarification was not sought, indicated the intent to produce the requested documents, and noted the intent to respond to the remaining requests to produce after clarification by CASE. Applicants must be permitted to evaluate the requests to produce, as clarified by CASE, on the schedule contemplated by NRC regulations.

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1 3-Accordingly, CASE's motion to ccmpel is premature and should be dismissed.

Respectfu'ly submitted, tynolds NicholadI.R< L V

0.N William A. Horin Debevoise & Liberman

- 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9817 Counsel for Applicants August 14, 1980 t

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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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TEXAS UTILITIES CENERATING ) Docket Mos. 50-445 COMPANY, et - al. ) 50-446

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

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicants' Answer To CASE's Motion To Compel," in the captioned matter were served upon the follcwing persons by deposit in the United States mail, first class postage prepaid this 14th day of August, 1980:

Valentine B. Deale, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.S. Nuclear Regulatory i 1001 Connecticut Avenue, N.W. Cctmissicn Washington, D.C. 20036 Washington, D.C. 20555 Dr. Forrest J. Remick, Member Marjorie Ulman Rothschild, Esq.

Atemic Safety and Licensing Office of the Executive Board Legal Director 305 E. Hamilton Avenue U.S. Nuclear Regulatory State College, Pennsylvania 16801 Ccmmission 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 7S711 Licensing Board Panel U.S. Nuclear Regulatory Mr. Richard L. Fouke Commission CFUR Washington, D.C. 20555 1668B Carter Drive Arlington, Texas 76010

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

Callas, Texas 75202 Fort Worth, Texas 76102 Jeffery L. Hart, Esq. Mr. Chase R. Stephens 4021 Prescott Avenue Cocketing & 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

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William A. Horin i

cc: Ecmer C. Schmidt Spencer C. Relyea, Esq.

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