ML20030B896

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Order Denying Citizen Association for Sound Energy 810810 Request for Clarification or Motion & Directs Compliance W/Prior Orders.Filing Does Not Purport to Comply W/Required Procedures.Argues Abstract & Moot Propositions
ML20030B896
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 08/20/1981
From: Mark Miller
Atomic Safety and Licensing Board Panel
To:
Citizens Association for Sound Energy
References
NUDOCS 8108250140
Download: ML20030B896 (2)


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AT0f11C SAFETY AND LICENSING BOARD l

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f,UC n,11981* C Marshall E. Miller, Chairman

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,as ?I2 Dr. Forrest J. Remick v.h e **

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Docket Nos. 50-445 In tn ter of

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50-446 TEXAS UTILITIES GENERATING COMPANY, ET AL.

(Application for Operating License)

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(Comanche Peak Steam Electric Station,

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Units I and 2)

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August 20, 1981

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ORDER CASE filed its so-called " Request for Clarification Regarding 10 CFR 2.730(c)" on August 10, 1981.

This filing, which we will treat as,a motion, describes in detail e long series of motions and Board Orders filed during the last month. Many of these filings overlapped, and their rela',ionships to each other are somswhat, complex. At the end of the motion, CASE requested "that the Board clarify whether or not answers to motions will be allowed in the future pursuart to 10 CFR 2.730(c) and 2.7~.0."

This motion or request will be denied.

By our Orders entered July 23, July 30 and August 3,1981, we clearly stated our intention to stop the " blizzard of motions and other papers which we regar' as ' excessive and unnecessary filings' which constitute an impositior an the Board" (Order entered August 3,1981, pp.1-2). As i

the instant 1iling recites, these prior Orders were received by CASE on t

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, or before Au9ust 6, 1981.

Procedures were established by those Orders whereby parties were required to confer directly with each other on al'1 pending discovery disputes before filing any more motions, and a,ll motions were then required to describe such conferences fully (Order of July 23, 1981, pp. 9-11; Order of July 30,1981, pp. 5-7; Order of August 3,198'1,-

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pp. 2-3). Three of CASE's motions filed July 28, 1981, have already been i

stricken, and CASE was dt.ected to confer with opposing parties regarding discovery disputes as required by prior Orders (Order of August 3,1981).

The instant filing does not even purport to comply with the required procedures, including conferences with opposing parties and written reports to the Board.

It amounts to a further attempt to obtain reconsideration of prior orders, and to continue to argue abstract or moot propositions of law with the Board. This will not be pernitted.

CASE also refers to a telephone call to the Chairman. As this and other Intervenors have been previously told, Board Members will not accept any unilatercl telaphone calls from them or any other party to this pro-ceeding, and they are requested to refrain from such practices.

CASE's request for clarification or motion is denied, and it is again directed to comply with prior Orders.

It is so ORDERED.

FOR THE ATOMIC SAFETY Afl0 LICENSING BOARD b.

Marshall E. Miller, Chairman ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 20th day of August, 1981.

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