ML20053A534
| ML20053A534 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 05/18/1982 |
| From: | Gehr A JOINT APPLICANTS - PALO VERDE |
| To: | |
| Shared Package | |
| ML20053A535 | List: |
| References | |
| NUDOCS 8205260190 | |
| Download: ML20053A534 (6) | |
Text
- A_
r-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ARIZONA PUBLIC SERVICE
)
COMPANY, et al.
)
Docket Nos. STN 50-528
)
STN 50-529 (Palo Verde Nuclear
)
STN 50-530 Generating Scation,
)
Units 1, 2 and 3)
)
)
APPLICATION FOR ISSUANCE OF CIVIL SUBPOENA (EX PARTE)
Joint Applicants Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District, Southern California Edison Company, El Paso Electric Company and Public Service Company of New Mexico, by and through their attorneys, hereby apply to tne Atomic Safety and Licensing Board for the issuance of a Civil Subpoena to:
William Paul Robinson Southwest Research and Information Center 105 Stanford Drive, S.E.
Albuquerque, New Mexico
- 87106, a witness in this proceeding, for the purpose of requiring the above-named individual to appear and give testimony upon oral examination, pursuant to Section 2.720 of the Commission's regu-lations.
A copy of the proposed Civil Subpoena is attached hereto.
The Chairman of the Licensing Board, or, if he is not available, a designated officer, is authorized to issue gg3 I
the proposed Subpoena pursuant to Section 2.720, which l l 8205gootqo 6
o' a
provides that on application by any party, the designated pre-siding officer, or other designated officer, will issue subpoenas requiring the attendance and testimony of witnesses or the pro-duction of evidence.
Pursuant to Section 2.720(b), the proposed Civil Subpoena attached hereto advises of the quashing procedure provided in paragraph (f) of Section 2.720.
As set forth in the attached letter of May 14, 1982, to the members of the Board from Counsel for Intervenor, Mr.
Robinsen will give testimony on behalf of Intervenor when the hearing in this proceeding resumes on May 25, 1982.
The testi-many which Joint Applicants seek to have Mr. Robinson give on oral examination relates to the matters identified by Counsel for Intervenor in her May 14, 1982, letter, at pages 4 and 5.
On May 17, 1982, following receipt of the May 14, 1982, letter, Counsel for Joint Applicants telephoned Counsel for Intervenor to request that witnesses Robinson, Swanson and Leshy be made available for depositions.
Counsel for Inter-venor replied that the only day as to which she might he able to make such individuals available in Phoenix would be Monday, May 24, 1982.
She further stated that she would contact these individuals to determine whether any of them could in fact be made available on that date.
On May 18, 1982, Counsel for Intervenor advised the undersigned that Mr. Robinson would 0
not be arriving in Phoenix until Tuesday, May 25, or Wednesday, May 26, and thus would not be available for a deposition on May 24, and that she had not yet determined the availabilities of Messrs. Swanson and Leshy.
If this subpoena is issued, Joint Applicants will withdraw their request to depose Messrs. Swanson and Leshy.
This would permit Counsel for Intervenor to attend the deposition of Mr. Robinson in Albuquerque.
Joint Applicants recognize that this deposition would take place the day before the resumption of the hearing.
Joint Applicants had essentially no opportunity to schedule an earlier date, however, in view of the late disclosure by Intervenor of her witnesses.
In further support of this application, Joint Applicants would note that on April 26, 1982, which was the day before the hearing initially commenced in this proceeding,1/ Joint Applicants made Mr.
E.
E. Van Brunt, Jr. available for deposition at the request of Intervenor.2/
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1/
The hearing ran from April 27, 1982, through April 30, 1982, at which time it was adjourned until May 25, 1982.
l 2/
Mr. Van Brunt was also deposed b'y Intervenor on April 23, l
1982.
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WIIEREFORE, Joint Applicants respectfully request that the Chairman of the Licensing Board, or other designated official, i
issue a Civil Subpoena in the form attached hereto directing Mr. Robinson to appear and give testimony as set forth therein.
RESPECTFULLY SUBMITTED this 18th day of May, 1982.
By Arthur C. Gehr f
'g.
Charles A. Bischoff 3100 Valley Bank Center Phoenix, Arizona 85073 Attorneys for Joint Applicants i
UNITED STATES OF AMERICA
'EF~
NUCLEAR REGULATORY COMMISSION 7~ '
Oi BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
ARIZONA PUBLIC SERVICE
)
COMPANY, et al.
)
Docket Nos. STN 50-528
)
STN 50-529 (Palo Verde Nuclear
)
STN 50-530 Generating Station,
)
Units 1, 2 and 3)
)
)
SUBPOENA THE NUCLEAR REGULATORY COMMISSION AND SHELDON J. WOLFE, ACTING CHAIRMAN, ATOMIC SAFETY AND LICENSING BOARD PANEL, TO:
William Paul Robinson, 105 Stanford Drive, S.E., Albuquerque, New Mexico 87106.
YOU ARE HEREBY COMMANDED to appear and give your deposition upon oral examination in the above-captioned matter before an officer authorized to administer oaths on Monday, May 24, 1982, at 9:00 o' clock a.m.,
in the law offices of Kelcher & IcLeod, 12th Floor, Public Service Building, 414 Silver Avenue S.W., Albuquerque, New Mexico 87103.
You have been subpoenaed by Arizona Public Service Company, Salt River Project Agricultural Improvement and Power District, Southern California Edison Company, El Paso Electric Company, and Public Service Company of New Mexico, Joint Appli-cants in the above-captioned matter.
9 Pursuant to the Commission's regulations at 10 CFR S2.720(f), on motion by you made promptly, and in any event at or before 9:00 o' clock a.m. on May 24, 1982, and on notice to attorneys for Joint Applicants, the Chairman of the Atomic Safety and Licensing Board or, if he is unavailable, the Commission may (1) quash or modify the Subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
YOU ARE HEREBY NOTIFIED THAT ANY FAILURE TO OBEY THIS SUBPOENA MAY BE DEEMED A CONTEMPT AND APPROPRIATE SANCTIONS MAY BE ORDERED.
DATED THIS day of 1982.
ATOMIC SAFETY AND LICENSING BOARD By Sheldon J..Wolfe Acting Chairman Atomic Safety and Licensing Board Panel 1
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