ML20009G923
| ML20009G923 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 08/03/1981 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | Hourihan P AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-OL, NUDOCS 8108050245 | |
| Download: ML20009G923 (2) | |
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UllITED STATES OF AMERICA I
d flVCLEAR REGULATORY COMISSION 7
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ATOMIC SAFETY AfiD LICEriSIliG BOARD
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Before Administrative Judges:
N Robert M. Lazo, Esquire, Chairman Nf2)
Richard F. Cole, Ph.D.
Dixon Callihan, Ph.D.
SEllVED AUG 41981
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In the Matter of
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ARIZ0ftA PUBLIC SERVICE DOCKET fl0S. STfl 50-528-OL COMPAfiY, et al.,
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STN 50-530-0 (Palo Verde fluclear Generating
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"c MEMORAfiDUM AND ORDER On July 6, 1981, the Joint Applicants served two motions, t b
for an order compelling Intervenor Patricia Lee Hourihan to sign and verify her answers to interrogatories, the second for an ord w compelling answers to certain interrogatories which che has rafused to ar.swer. On Jtdy 20, 1931, within the time allowed for answer to these motions, Intervenor served, through he. counsel, an affidavit apparently intended to satisfy the objection embodied in Joint Applicents' first motion.
The affidavit was made before Intervenor's counsel as a flotary Public and, vie surmise, prepared by him in his capacity of attorney.
Intervenor has not filed an answer to the motion to compel, and the time for filing an answer has expired.
Ordinarily, in this situation, we would assume Intervenor elected not to answer the motion to compel and proceed to issue our ruling. But here we d
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_2 have the odd circumstance of Intervenor's counsel having withdrawn from the proceeding--without on-the-record prior notice to anyone and without seek-ing the Board's leave--at about the time when Intervenor's answer to the motian to compel was due. The notice of withdrawal was served on July 20, 1981, at the same time as the Intervenor's affidavit.
We think it appropriate in these circumstances to clarify whaner Intervenor in fact elected not to answer the motion to compel.
In addition, the Board shall take this opportunity to determine who will be speaking for the Intervenor in the future.
It is, therefore, ORDERED That not later than seven (7) days from the date of this Memorandum and Order, Intervenor shall serve (a) her response, if any, to Joint Appli-cants' " Motion to Compel Intervenor to Answer Interrogatories", including any motion for protective order, and (b) a letter informing the Board whether she is or expects to be represented by substitute counsel in the proceeding.
FOR THE ATOMIC SAFETY Afl0 LICEllSIfiG BOARD M.
A Robert M. Lazo, Chairman ADMINISTRATIVE JUDGE
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