ML20010E453
| ML20010E453 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 08/28/1981 |
| From: | Bischoff C ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR, BISCHOFF, C.A. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8109040141 | |
| Download: ML20010E453 (6) | |
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DOCKET NOS. STN 50-528 COMPANY, et al.
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STN 50-529
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STN 50-530 (Palo Verde Nuclear
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JOINT APPLICANTS' MOTION TO COMPEL INTERVENOR TO ANSWER SECOND SET OF INTERROGATORIES Pursuant to 10 CFR 5 2.740(f), Joint Applicants Arizona Public Service Company, Salt River Project Agricul-tural Improvement and Power District, Southern California Edison Company, El Paso Electric Conpany, and Public Service Company of New Mexico
(" Joint Applicants") hereby move the Atomic Safety and Licensing Board (" Board") for an order com-pelling Intervenor Patricia Lee Hourihan ("Intervenor") to answer " Joint Applicants' Second Set of Interrogatories and Requests for Production of Documents to Intervenor," dated July 21, 1981 ("Second Set of Interrogatories").
In its Memorandum and Order of April 16, 1981, this Board approved the " Stipulation of Parties Regarding Contentions and Discovery," dated December 12, 1980.
Pur-suant to such stipulation, on May 22, 1981, Intervenor, the i
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NRC Staff, and Joint Applicants each served their respective first set of interrogatories.
Shortly thereafter, on June 4, 1981, Intervenor and Joint Applicants conferred and entered into the " Stipulation Regarding Answers to Intervenor's and Joint Applicants' First Set of Interrogatories" ("Stipula-tion").
Such Stipulation, together with Joint Applicants' letter to counsel for Intervenor dated June 8, 1981, were forwarded to this Board by letter dated June 9, 1981.
As noted in Joint Applicants' letter to counsel for Intervenor of June 8, 1981, the underlying basis of the stipulation was that parties to this proceeding would have the opportunity to serve a second set of written interroga-tories, although it was noted that a schedule for such se-cond set of interrogatories had not yet been established.
Joint Applicants served their answers to Inter-venor's first set of interrogatories on June 22, 1981; Intervenor served her answers to Joint Applicants' and the NRC Staff's respective first set of interrogatories on June 26, 1981.
On or about June 23, 1981, Joint Applicants and Intervenor orally agreed to a schedule for a second set of interrogatories which provided for service of such interrog-atories on or before July 21, 1981, and service of answers to such interrogatories on or before August 20, 1981.
Coun-sel for the NRC Staff was informed of such schedule and orally agreed to it.
On July 20, 1981, Bruce Meyerson, counsel for In-tervenor, withdrew from the proceeding.
In a telephone con-versation with counsel for Joint Applicants, Mr. Meyerson acknowledged the prior oral agreement respecting the sched-ule for a second set of interrogatories.
On July 21, 1981, Joint Applicants and the NRC Staff served their respective second set of interrogatories.
On the same date, counsel for Joint Applicants contacted Ms.
Hourihan by telephone to inquire whether she would be serv-ing a second set of interrogatories.
Ms. Hourihan acknowl-edged the prior oral agreement among the parties, but stated that she would not be serving a second set of interroga-tories by the scheduled date.
To dato, Intervenor has not answered Joint Appli-cants' Second Set of Interrogatories.
As already noted, answers were due on August 20, 1981.
Furthermore, Joint Ap-plicants have received no communication from Intervenor re-specting when her answers will be forthcoming.
In filing this motion, Joint Applicants note that Intervencr did not file an answer to " Joint Applicants' Motion to compel Intervenor to Answer Interrogatories,"
dated July 6, 1981, even though this Board's Memorandum and Order of August 3, 1981, granted Intervenor additional time beyond that provided by Section 2.730(c) of the Commission's Rules in which to file an answer.
The Board noted in its Order that it was affording Intervenor additional time in m
view of the fact that Intervenor's counsel had recently withdrawn from the proceeding.
Because Intervenor has now had ample opportunity in which to secure substitute counsel, Joint Applicants would urge this Board to apply the require-ments of Section 2.730(c) to Intervenor as to the instant motion to compel and to issue its ruling thereon, even if Intervenor fails to answer within ten days after service of this motion.
WHEREFORE, Joint Applicants move this Board for an immediate order compelling Intervenor to answer Joint Appli-cants' Second Set of Interrogatories.
Dated:
August 28, 1981.
Respectfully submitted, By 4:
Arthur C. Gehr #
Charles A. Bischoff 3100 Valley Bank Center Phoenix, Arizona 85073 Attorneys for Joint Applicants,.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC S.TFETY AND LICENSING BOARD In the Matter of
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l ARIZONA PUBLIC SERVICE
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DOCKET NOS. STN 50-528 COMPANY, et al.
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STN 50-529
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STN 50-530 (Palo Verde Nuclear
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Generating Station,
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Units 1, 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Joint Applicants' Motion to Compel Intervenor to Answer Second Set of Inter-rogatories" have been served upon the following listed per-sons by deposit in the United States mail, properly addressed and with postage prepaid, this 28th day of August, 1981.
Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Chairman, Maricopa County Board of Supervisors 111 South Third Avenue Phoenix, Arizona 85004 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ms. Patricia Lee Hourihan 6413 S.
26th Street Phoenix, Arizona 85040
Robert M. Lazo, Esq.
Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Dixon Callahan Union Carbide Corporation P.O. Box Y Oak Ridge, Tennessee 37830 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Henry J. McGurren, Esq.
i Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Charles A Bis p ff g
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