ML20004B389

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Order Incorporating Listed Oral Rulings Re Jm Scott testimony,cross-examination Procedures & Subpoena for Reed Rept
ML20004B389
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 05/26/1981
From: Wolfe S
Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-CP, NUDOCS 8105280161
Download: ML20004B389 (3)


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MAY C 'T 1981 3 Atomic Safety 3nd Licensing Board ig fIEc:et n2 D98f

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i he N"TM"h Before Administrative Judges:

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Sheldon J. Wolfe, Chairman Dr. E. Leonard Cheatum 4d f ay ' g7 Gustave A. L:ner.berger, Jr.

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In the Matter of

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HOUSTON LIGHTIF iND POWER COMPANY )

Docket No. 50-466-CP

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(Allens Creek Nuclear Generating

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Station, Unit 1

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May 26, 1981

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ORDER 1.

On April 22, 1981, Applicant filed a Motion To Preclude Testimony of James M. Scott. Therein it sought to preclude Tex Pirg's counsel from testifying as a witness for Intervenor Doherty upon Doherty Contention 3.

On April 24, 1981, Inte.rvenor Doherty filed a Reply in opposition. On May 8, 1981, the Staff filed a Response in supp;rt of the instant motion. During the course of the hearjng, on May 11, 1981, the Board denied Applicant's Motion for the l

reasons stated at pages 9814-16 of the transcript.

2.

On April 29, 1981, Applicant filed a Motion For New Cross Examination Procedures. Therein, Applicant requer:ed the Board to establish procedures governing the conduct of cross-examination up,n health and safety issues to be litigated. On May 8,1981, the Staff ph 8105280 M

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filed a Response in support of Applicant's motion. During the course of the hearing on May 11,198i, absent objection and in order to expedite the proceeding, in this one instince the Board permitted Intervenors Doherty and Tex Pirl to present oral, rather than written, responses (Tr. 9817-19). After hearing arguments of the parties (Tr. 9819-43), the Board denied the Motion in part, and granted it in part to the extent that initial cross-examination would be con-ducted-by the lead party or by the intervenor who had sponsored a specific contention. To that extent only, the Board amended its ruling of February 12,1981 (Tr. 9843-46).

3.

On January 29 and on March 5,1981, respectively, Intervenor Marrack had filed two motions requesting reversals of hearing board actions. During the course of the hearing on May 11, 1981, the Board ruled that any action was unnecessary since.the two motions clearly were directed to the Appeal Board and had been denied, respectively, in ALAB-631 (February 4,1981) and in the. Appeal Botrd's Order of March 10,1981 (Tr. 9853-54).

4.

On April 22, 1981, Mr. Doherty filed a Motion For Additional Testimony and Cross-Examination On Conservation Techniques, Intercon-nection and The Effects of Delay of Construction From Applicant and Staff. Applicant filed its response on May 8,1981. On May 18, 1981, after directing that Applicant should update its need for power testimony at the time it presents its testimony on financial

3-qualifications, the Board denied the instant motion since it had been mooted (Tr. 11032-33).

5.

On May 4,1981, Mr. Doherty filed a Motion For Subpoena Of Entire Sections Of " Reed Report" Items Numbered 2, 5, 6, 7. 11, 18, 21 and 25. On May 18,1981 the Board granted Mr. Doherty's request to withdraw the instant motion (Tr. 11034-35).

Accordingly, it is, this 26th day of May, 1981 ORDERED That the oral rulings reflected at the above-set-forth transcript pages are incorporated herein by reference.

FOR THE ATOMIC SAFETY LICENSING BOARD bik bbk Shelcon J. W6lT'e, Chairman ADMINISTRAT4VE JUDGE o

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