ML20054H258

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Application for Issuance of Subpoena Directed to Jj Lemon, Az Dept of Health Svcs,To Appear at 820622 Hearing to Testify About Groundwater Pollution.Proposed Subpoena & Certificate of Svc Encl
ML20054H258
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 06/21/1982
From: Bernabei L
HARMON & WEISS, HOURIHAN, P.
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20054H251 List:
References
NUDOCS 8206230164
Download: ML20054H258 (5)


Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 22 '

the Matter of

)

)

ARIZONA PUBLIC SERVICE

)

COMPANY, et al.

)

Docket Nos. STN 50-528

)

50-529 (Palo Verde Nuclear

)

50-530 Generating Station,

)

Units 1, 2, and 3)

)

)

APPLICATION FOR ISSUANCE OF SUBPOENA Pursuant to Section 2.720 of the Commission's regulations, Intervenor Patricia Lee Hourihan applies to the Atomic Safety and Licensing Board for the issuance of a Civil Subpoena to:

James J.

Lemmon Arizona Department of Health Services 1740 West Adams Phoenix, Arizona 85007 for the purpose of requiring the abovenamed individual to appear at the hearing scheduled to commence in this matter on June 22, 1982.

A copy of the proposed Subpoena is attached.

Mr. Lemmon, as a hydrologist with the Bureau of Waste Control, has been designated to testify for the Department of Health Services about groundwater pollution and the other matters included in his prefiled testimony.

However, the Department has requested that this Board issue a subpoena for his appearance.

KOhh0fj8 PDR

2 For this reason, Intervenor now applies for a subpoena to compel Mr. Lemmon's appearance and testimony on the t

matters contained in Intervenor's Prefiled Testimony.

WHEREFORE Intervenor respectfully requests that the Chairman of the Licensing Board issue a Civil Subpoena in the form attached hereto directing Mr. Lemmon to appear and give testimony when called by Intervenor, at the hearing beginning June 22, 1982.

Respectfully submitted, m %ifbD-am m O. %

0 Lynne Bernabel Harmon & Weiss 1725 I Street, N.W.

Suite 506 Washington, D.C.

20006 (202) 833-9070 DATED:

June 21, 1982

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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ARIZONA PUBLIC SERVICE

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COMPANY, ET AL.

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Docket Nos. STN 50-528

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50-529 (Palo Verde Nuclear

)

50-530 Generating Station,

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Units 1, 2, and 3)

)

)

l SUBPOENA THE NUCLEAR REGULATORY COMMISSION AND ROBERT M.

LAZO, CHAIRMAN, ATOMIC SAFETY AND LICENSING BOARD, TO:

James J.

Lemmon, Arizona Department of Health Services, 1740 West Adams, Phoenix, Arizona 85007:

YOU ARE HEREBY COMMANDED to appear at the hearing to begin on June 22, 1982, at 9:30 a.m.

at the Federal Building, 230 N.

First Avenue, Phoenix, Arizona 85025, to testify in the abovecaptioned matter on behalf of Intervenor Patricia Lee Hourihan, and to attend the hearing until discharged.

You have been supoenaed by Intervenor Patricia Lee Hourihan.

Pursuant to the Commission's regulations at 10 CFR S2.720(f),

on motion made by you promptly, and in any event before 9:30 a.m.,

June 22, 1982, and on notice to attorney for Intervonor, the Chairman of the Atomic Safety and Licensing Board, or, if he is unavailable, the Commission may (1) quash or modify the Supoena if it is unreasonable or requires evidence not relevant to any matters in issue, or

2 (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 June, 1982.

ATOMIC SAFETY AND LICENSING BOARD BY:

Robert M.

Lazo, Chairman

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY kND LICENSING BOARD In the Matter of

)

)

ARIZONA PUBLIC SERVICE

)

COMPANY, et al.

)

Docket Nos. STN 50-528

)

50-529 (Palo Verde Nuclear

)

50-530 Generating Station,

)

Units 1, 2, and 3)

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of Intervenor's Petition for Directed Certification Pursuant to 10 CFR S2.718(i), Intervenor's Application for Subpoena and Subpoena for Edwin K.

Swanson and Application for Subpoena and Subpoena for James J.

Lemmon were mailed first class, postage prepaid, or delivered by other means as specified below, this 21st day of June, 1982, to:

Docketing and Service Section Robert M.

Lazo, Esq.

U.S.

Nuclear Regulatory Commission Chairman, Atomic Safety Washington, D.C.

20555 and Licensing Board U.S. Nuclear Regulatory Chairman, Maricopa County Commission Board of Supervisors Washington, D.C.

20555 211 South Third Avenue Phoenix, Arizona 85004

  • Dr. Dixon Callahan Union Carbide Corporation Dr. Richard F.

Cole P.O.

Box Y Atomic Safety and Licensing Board Oak Ridge, Tennessee 37830 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Panel Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555

  • Lee Scott Dewey, Esq.

Charles A.

Bischoff Office of the Executive 3100 Valley Bank Center Legal Director Phoenix, Arizona 85073 U.S.

Nuclear Regulatory Commission Rand L.

Greengield Washington, D.C.

20555 Assistant Attorney General P.O.

Box Drawer 1508 Santa Fe, New Mexico 87504-1508 ;

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  • l1AND DELIVERED L nne Bernabei

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