ML19350C632

Request to File Untimely Motion to Compel NRC to Provide Info Originally Requested in Intervenor Citizens Concerned About Nuclear Power,Inc 801028 Interrogatories.Info Is Relevant & Unobtainable Elsewhere.W/Certificate of Svc

ML19350C632
Person / Time
Site:	South Texas
Issue date:	03/16/1981
From:	Sinkin L Citizens Concerned About Nuclear Power, INC., CITIZENS FOR EQUITABLE UTILITIES
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8104060494
Download: ML19350C632 (4)

Text

.. . .

a s x W

S g W(h UNITED STATES OF AMERICA Ikh vVU NUCLEAR REGULATORY COMMISSION C APR 0 31981 d BEFORE THE ATOMIC SAFETY AND LICENSING OBOA co S u" $ ^' " f 1

In the Matter of /

Gs g '

HOUSTON LIGHTING AND POWER Docket Nos.'50-498 OL COMPANY, ET AL 50-499 OL (South Texas Project, /- -

1. I 2

' Units 1 and 2).

/ [ '

$N CCANp MOTION FOR LEAVE TO FILE MOTION N "

OUT OF TIME TO COMPEI! NRC STAFF 'I -

26198f > r TO PROVIDE INFOR'fATION -

e 9 ff

-; ,,  :: m

'?Y

'/ /

I. INTRODUCTION /

,g. ,

Citizens Concerned About Nuclear Power, Inc. (CCANP) requests I

leave to file a motion out of time to compel NRC staff to provide information previously denied to CCANP.

On October 28, 1980, CCANP filed "(CCANP) REQUEST FOR INFORMATION FROM NRC STAFF" requesting:

"the names of those inspectors who supplied information about harrassment at the South Texas Nuclear Project and the names of those employees who harrassed and intimidated them."

On November 19, 1980, Mr. Bernard Bordenick, Counsel for NRC staff sent the "NRC STAFF RESPONSE TO CCANP REQUESTS FOR INFORMATION' AND MOTION FOR ADDITIONAL TIME" which stated the CCANP request was being forwarded to the Executive Director for Operations (EDO) for a reply.

On December 8,.1980, Mr. Borde$1ick sent the second "NRC

~ STAFF RESPONSE TO CCANP ' REQUEST FOR INFORMATION FROM NRC STAFF.'"

Mr. Bordenick informed CCANP that the EDO, pursuant to 10 C.F.R.

g 2.744 (b), declined to provide the names requested. Additionally,.

810400 0 % %

gSN

. Plu .

Mr. Bordenick directed CCANP's attention to 10 C.F.R. $ 2.744 (c) which provides that CCANP may apply to Chairman Bechhoefer for a motion to compel the production of the requested information.

~

On January , the period provided by the ASLB for motions to compel discovery ended without CCANP' filing a motion to compel production of these identities.

II. DISCUSSION Drring the period of November, 1980 through February, 1981, CCANP had attorneys representing CCANP inthese proceedings.

CCANP assumed that all necessary discovery motions were filed the attorneys in the prescribed time period. In March, 1981,

' informed CCANP that unfortunate circumstances beyond their control prP?ented their continuing to represent CCANP and that these same circumstances prevented certain discovery motions from being timely filed. Among the discovery not timely pursued is i

.the motion pursuant to 10 C.F.R. 5 2.744 (c) to compel product on ,

of the witness.

CCANP reqhests leave of the Board to file a motion out of .

time to c'ompel in this matter because:

(1) The information sought is relevant to these proceedings.

Information regarding instances-of alleged intimidation is directly relevant to Issues A, C,D, and E as well as Intervenor these Contentions 1 and 2. Furthermore, since access to identities is sought for the purpose of pursuing discovery of further infermation these persons may have, there is potential for still greater relevancy to the Issues and Conten-tions noted.

, ,.. _, , . . - . , . . - - . _ , , _ , . . . . , . _- , ~, . . , . .. . . . .

(2) The information sought is not reasonably obtainable

,from another source. The NRC is the only entity with complete information on these identities. Intervenors have reason to believe Applicants, or more precisely Applicants' architect-engineer, is aware of some identities, but Lot in a position to provide complete information in response to the CCANP request.

The information sought is of such importance that CCANP urges the board to grant leave for filing a motion to compel production of the identities so that at a miniumum the issue can be dealt with thoroughly prior to a final determination on the

, request.

l Res ectfully submitted, ku Lanny Alan Sinkin March 16, 1981

+

l l

l i

l i

t

' e

-o - - - . - , . . - . ,..

l - .

Certificatu of Service li I hereby certify that the foregoing document has been served on the following individuals and entities by hand (*) or by deposit in the U.S. Mail, first class, postage prepaid on this (O. day of March, 1981.

_l

$ dn d

. Linqf Sinkin 1 Charles Bechhoefer,' Esquire

• Mr. Jack Newman

• Chairman Lowenstein, Newman, Reis, Atomic Safety and Licensing Board Axelrad, a Toll U.S. Nuclear Regulatory Commission 1025 Connecticut Avenue, N77 Washington,'D.C. 20555 Washington, D.C. 20036 Dr. James C. Lamb

• Docketing and Service Section (7)

. 313 Woodhaven Road Office of the Secretary

. Chapel Hill, North Carolina 27514 U.S. Nuclear Regulatory Commissio Mr. Ernest E. Hill

• La.irence Livermore Laboratory Atomic Safety and Licensing University of California Board Panel .

P.O. Box 809, L-123 U.S. Nuclear Regulatory Commissio Livermore, Ca. 94550 Washington, D.C. 20555 Edwin J. Reis

• Atomic Safety and Licensing Office of the Executive Appeal Panel (5)

Legal Director U.S. Nuclear Regulatory Commissic U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Brian E. Berwick

• Assistant Attorney General for g c) the State of Texas ys l-  : g DCCW

,. - \\

Peggy Buchorn '

. Route 1, Box 1684 9- gjg 2 61981 > C Brazoria, Texas 77422 '

' -12' Ctfice of the Secabuy Dcd3 E h*D L:::!ch /

A l w' &

4- t n

s

- - - ~

+ ,