ML20065A100

Motion to Strike Kl Schepple Prefiled Testimony.Expert Who Previously cross-examined Witness in Hearings Cannot Testify as Expert on Same Issues in Rebuttal to Such Testimony. W/Certificate of Svc.Related Correspondence

ML20065A100
Person / Time
Site:	Comanche Peak
Issue date:	09/08/1982
From:	Ellis J Citizens Association for Sound Energy
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8209130133
Download: ML20065A100 (3)

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' WTED CORRESPUNim. 9/3/82 UNITED STATES OF AMERICA .

00LMETE0 NUCLEAR REGULATORY' COMMISSION D EC BEFORE THE ATOMIC SAFETY AND LICENSING B0 gD SEP 10 P1 :51 In the Matter of 0FFICE OF SECRETA--

APPLICATION OF TEXAS t;TILITIES GENERATING COMPANY, ET AL. FOR l Docket i s.$he M and 50- 46 AN OPERATING LICENSE FOR I -

COMANCHE PEAK STEAM ELECTRIC I STATION UNITS #1 AND #2 I (CPSES)

CASE'S MOTION TO STRIKE PREFILED TESTIMONY OF KENNETH L. SCHEPPLE Pursuant to 2.730, CASE (Citizens Association for Sound Energy), Intervenor herein, hereby files this, its Motion to Strike Prefiled Testimony of Kenneth L. Schepple. ,

On Thursday, J' uly 29,1982, Mr. Kenneth L. Schepple cross-examined Mr. Mark Walsh,-CASE's witness, mgardin'g Mr. Walsh's testimoni;- On Friday, September 3, 1982, Applicants' prefiled theEtdstimoni of' their:-retfuttal panel to -Mr. .Walsh's

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testimony.^Mr.ISchepple was included as onc ~of"the mbuttal witnesses to Mr.

Walsh's testimonyl

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CASE was aware that Applicants intended to include Mr. Schepple as a rebuttal ,

witness and did, in fact, take the dsposition of Mr. Schepple in preparation for the September hearings. Howevers it has just come to 'our attention that there is 'apparently a legal precedent regarding this type of testimony of which CASE w'as previously 'unawam. It'is 6ur~ understanding that in the recent (within the last few weeks) Clinch River Breddsr' Reactor: hearingsl , the Natural Resources

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Defssse C6un~cil'(NRDC) was' not' allowed-to have Mr.J Thomas Cochran' cross-examine I CASE does not have the citation in this regard; however, it is our understanding that Board Chairman Miller was directly involved in these proceedings.

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2-on behalf of NRDC as an expert because he had pmviously testified regarding the same issues. .

If our understanding of this ruling is correct (and we will mly on Judge Miller's judgement in this regard), we would assume that the reverse would also be true, and that an expert who has previously cross-examined in the hearings cannot testify as an expert on the same issues in rebuttal to the testimony of the individual whom he had pmviously cross-examined.

We therefore move that the pre' filed testimony'of Mr. Kenneth L. Schepple be stricken from the record and that Mr. Schepple be dismissed as a witnesr i nsofar as mbuttal of the testimony of Mark Walsh.

Respectfully submitted, u a + _,n ft'A.-n JKrs.) ~Juanita Ellis, President

- CASE (Citizens Association for Sound Energy) 1426 S. Polk -

Dallas, Texas 75224 214/946-9446

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UNITED STATES OF. AMERICA NUCLEAR REGULATORY COMMISSlot g gp 10 Pg $2 -

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g- <

OFF(zhg Stb,e -

y 000 ggANCH d In the Matter of I I

APPLICATION OF TEXAS UTILITIES I Docket Nos. 50-445 ,s GENERATING COMPANY, ET AL. FOR AN I . and 50-446 OPERATING LICENSE FOR COMANCHE I PEAY, STEAM ELECTRIC STATION I '

UNITS #1 AND #2 (CPSES) I .

CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of CASE s Motion to Strike Prefiled Testimonyl Kenneth f k,_jstleople -

have been sent to the names listed below this 8th day of Sootomhor

, 1982, by:

Express Mail where indicated by

• and First Class Mail elsewhere.

• Administrative Judge Marshall E. Miller David J. Preister, Esq. f b

U. S. Nuclear Regulatory Commission Asnistant Attorney Geh ral

' Atomic Safety and Licensing Board Panel rnvironmental Protection Division '

Washington, D. C. 20555 P. O. Box 1254e, Capitol Station . .p Austin, TX 78711

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• Dr. Kenneth A. ' McCollom, Dean Ms. Lucinda Minton, Panel Law Clerk 'A Division of Engineering, Architecture, Atomic Safety & Licensing Board Panel and Technology U. S. Nuclear Regulatory Commission Oklahoma State University Washington, D. C. 20555 i Stillwater, Oklahoma 74074

• Dr. Richard Cole , Member Atomic Safety and Licensing ,

Atomic Sa fety and Licensing Boiard lioard Panel U. S. Nuclear Regulatory Commiwtion U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555

• Nicholas S. Reynolds, E.sq . A t.omi r- Safet y .md Licensing .

Debevoise & Liberman Appeal Panel j 1200 - 17th St., N. W. U. S. Nuclear Regulatory Commission l Washington, D. C. 20o36 Wauhington, D. C. 2o555

• Marjorie Ulman Rothschild, Esq. Docketing and Service Section .

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Office of Executive Legal Director Office of the Secretary

• l U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commis'sion ,

Washington, D. C. 2o555 Washington, D. C. 20555 l

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s. Juanita E111s, President ,

.ASF (Citizens Association for Sound Energy)

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