ML20069K581

Motion for 90-day Extension of Discovery Deadline.Atty General Involved in Ofc Transition & Budget Process. Certificate of Svc Encl

ML20069K581
Person / Time
Site:	South Texas
Issue date:	04/21/1983
From:	Berwick B TEXAS, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8304260405
Download: ML20069K581 (5)

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A D BEFORE THE, ATOMIC SAFETY AND LICENSI g:,c.i .

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HOUSTON LIGHTING & POWER S Docket Nos. 50-498 OL COMPANY, ET AL. S 5'0-499 OL ~~

'(South Texas Project, S Units 1 and 2) S ATTORNEY GENERAL OF TEXAS' MOTION --

FOR EXTENSION OF DISCOVERY DEADLINE

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I. Introduction .

On April 3, 1979, the Atomic Safety an'd Licensing Board -

(ASLB) in this proceeding granted the petition of-the State of

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Texas pursuant to 10 CFR S2.715(c) requesting sta~tus as an

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"-interested state. " a -

During Phase I of the expedited portion of this proceeding, the Attorney General of Texas did not take an active role. Nor did the Attorney General of Texas file findings of_ fact or con-l clusions of law on Phase I[during the period provided, which -

ended in late 1982. ,.

On' June 24, 1982, the ASLB issued'its Or' der.providing for discovery on issues related to the Quadrex Report to be heard on Phase II of this proceeding. Discovery on Quadrex issues was to commence once the NRC Staff issued its, final I & E report on Quadrex. Discovery was to continue for 90 days thereafter. -

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On January l7, the NRC Staff sent I & E Report-82-12 to

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the ASLB and parties. Based on the Board's June 24,,'1982 Order and providing for'five (5) days after service, discevery on Quadrex issues terminates on April 25.. ...

The Attorney General of Texas, desiring an effective and comprehensive participation in Phase II of this proceeding,

' cannot achieve such participation within the constr ,ints of the current deadline. ,

II. Discussion ,

Since taking office on January 3, 1983, General Mattox has worked earnestly to achieve a transition [ In ' a'ddition , he is involved in the Legislative budget-setti'ng,prochss. Pre-

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paring a budget and appearing before Legislative committees requires a major effort by both General Mattox'and'his staff.

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The South Texas Project licensing procedding-is a matter that ha's been under consideration at the staff level of General Mattox's office since late January, 1983. Only recently, how-

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ever, has General Mattox had the opportunity to turn his attention to the role his office wishes to play in Phase II of this proceeding. .

The materials relevant to Phase II are voluminous. The Quadrex Report, the March 1982 Bechtel assessment of the Quadrex Report, the final report by Bechtel, the Brown and Root response to the Quadrex Report, and the NRC I &.E report on Quadrex run to thousands of pages and concern highly O

technic'al matterd. To develop sufficient staff familiarity with. the subbtance and implications of these reports :is a major undertaking. -

In view of th'e scheduled discovery deadl'ine, th5re is

. insufficient time available to the Attorney General.to partici-pate effectively and comprehensively in this crucial phase of the licensing proceeding.

Pursuant to 10 CFR S2.711, the Attorney General 'of Texas

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hereby moves the Atomic Safety and Licensing Boaird n the proceeding to grant an additional ninety' days of time for discovery. -

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While recognizing this motion could possibly -delay the scheduling of hearings, the Attorney General argues that, as

-- a matter of comity and in the interest of developing a complete

_ record,theAtomicSafetyandLicensingBoar[shoul'drespond to the_ unique circumstances created by the' elect 6ral process in the State of Texas and the heavy burden placed'$n a new office holder in a statewide position. -

Since the scheduled date for start-up of._the South Texas Project is well in the future and since thd matters on which-the Commission initially required an expeditsd ruling have already been dealt with, save only the issuing of a' partial initial decision, a delay in the Phase ,II hearing would have no impact on either the operating date or th'e mandate from the Commission to this Atomic Safety and Licensing Board.

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III. Conclusion and Prayer -

.- The Attorney General of Texas requests a ninety day extension of the present discovery deadline. -

Respectfully submitted,

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JIM MATTOX _

Attorney General of Texas DAVID R. RICHARDS Executive Assistant Attorney General .

JIM MATHEWS -

Assistant Attor'ney General Chief, Environmental Protection Division -

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BRIAN E.-BERWICK (SBN '02258 500)

-~ Assistant Att,orney General Environmental Protetition Division

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P. O. Box 1254h ' .

Austin, Texas 78711 (512) 475-4143 SED 6

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CERTIFICATE OF SERVICE . - . ,

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$c I hereby cert-ify that copies of Attorney Generaf of Reica,s'Q.3, g, L Q.% '4 Motion for Extension of Discovery ~ Deadline date April 21/~.'19 , .y 8 3..;  :

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- ha's been served on the following individuals and .entit(ies..

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3 Express Mail (*) or by deposit in Lthe United States Mail, mirsY'

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- class, postage prepaid, on this 21st day of April, -1983. .

• Charles Bechhoefer, Esquire

• Jack R. Newman, Esquire Chief Administrative Judge Lowenstein,Newman,Reis &

Atomic Safety & Licensing Axelrad U.S. Nuclear Regulatory Comm. 1025 Connecticut Ave., N.W.

Washington, L.C. 20555 Washington, D.C.-20036

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• Dr. James C. Lamb,III

• Robert G. Perlis , ,

Administrative Judge Of fice of the -Executive Legal Dir.

313 Woodhaven Road U.S. Nuclear Regulatory Comm.

Chapel Hill, North Carolina 27514 Washington, D.C.- 20555

• Ernest E. Hill- Lanny S'inkin ~-

Administrative Judge 2207 D Nueces

- - Lawrence Livermore Lab. Austin , "T.exa s . 7 87 0 5 University of California ,  ;.

P. O.. Box 808, L-123 Mrs. Peggy B.uchorn Livermore, Ca. 94550 Citizens for Equitable Utilities Route 1, Box 1684 I

Tom Hudson / Esquire Brazoria, Texas 77411 Baker and Botts One Shell Plaza Docketing & Service Section  ;

i Houston, Texas 77002 Office of the Secretary U.S. Nuclear Regulatory Comm.

Pat Coy Washington, D.C. 20555

, CCANP 5106~ Casa Oro William S. Jordan,III, Esquire San Antonio, Tx. 78233 Harmon & Weiss 1725 I Street, NW , Suite 506 Atomic Safety & Liscensing ' Washington, D.C. 20006 Appeal Board Panel Atomic Safety & Licensing U.S. Nuclear Regulatory Comm. Board Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 7

Mq, bOM Brian E. Berwick m

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