ML20073S228

Response to State of Tx Atty General 830421 Request for Extension of Discovery Schedule for 90 Days.Applicants Do Not Object to Extension for Tx But Object to Extension for Other Parties.Certificate of Svc Encl

ML20073S228
Person / Time
Site:	South Texas
Issue date:	05/03/1983
From:	Newman J JOINT APPLICANTS - SOUTH TEXAS PROJECT
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8305060499
Download: ML20073S228 (4)

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4 UNITED STATES OF AMERICA g tw

, NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING / B ARQ 9 M 4*, 4,V V <

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HOUSTON LIGHTING & POWER )

COMPANY, ET AL. )

Docket Nos. 50/49 ' ys 50-49 0

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(South Texas Project, Units )

1 and 2) )

APPLICANTS' RESPONSE TO ATTORNEY GENERAL OF TEXAS' MOTION FOR EXTENSION OF DISCOVERY DEADLINE By motion dated April 21, 1983 (Motion), the Attorney General for the State of Texas has requested an extension of the discovery schedule in this proceeding for an additional ninety (90) days.

The Attorney General's request for relief is premised upon "the unique circumstances" resulting from his recent election, and the many duties involved in making the transition to that post. Motion at 3.

Based upon the unique circumstances set forth in the Motion, Applicants do not object to the Board granting to the Attorney General a ninety (90) day extension of the original discovery dead-

• /

line. Applicants note, however, that none of the factors set forth by the Attorney General serve to justify an extension of

• / The original discovery period expired on April 22, 1983.

Thus, the extended discovery period would end on July 21, 1983.

DohnO!$80khs PDR m

the original deadline for any other party to this proceeding, and no such extension would be warranted. /

For the reasons set forth above, Applicants request that the Board grant the Motion only to the extent that it seeks a ninety (90) day extension of the discovery period for the Attorney General.

Respectfully submitted,

- W Jck R. Newman Naurice Axelrad{

Alvin H. Gutterman Donald J. Silverman 1025 Connecticut Avenue, N.W.

Washington, D.C. 20036 Finis E. Cowan Thomas B. Hudson, Jr.

3000 One Shell Plaza Houston, Texas 77002 Dated: May 3, 1983 ATTORNEYS FOR HOUSTON LIGHTING

& POWER COMPANY, Project Manager LOWENSTEIN, NEWMAN, REIS of the South Texas Project acting

& AXELRAD, P.C. herein on behalf of itself and 1025 Connecticut Avenue, N.W. the other Applicants, THE CITY OF Washington, D.C. 20036 SAN ANTONIO, TEXAS, acting by and -

through the City Public Service BAKER & BOTTS Board of the City of San Antonio, 3000 One Shell Plaza CENTRAL PONER AND LIGHT COMPANY, Houston, Texas 77002 and CITY OF AUSTIN, TEXAS

• / In Applicants' Motion To Compel Answers To Its Sixth Set Of Interrogatories And For Leave To File Additional Interroga-tories To CCANP, dated April 19, 1983, Applicants requested an opportunity to file one additional set of interrogatories on the basis of CCANP's failure to respond in a timely fash-ion. CCANP's delay effectively prevented Applicants from filing a set of follow-up questions within the schedule es-tablished by the Board. Applicants have not requested a gen-eral extension of the discovery period, and neither their motion nor the Attorney General's Motion justify such an ex-tension. Similarly, CCANP has recently filed a Motion for Deferral of Rulings and Extension of Deadlines, dated April 20, 1983, seeking a number of extensions and post-ponements of Board decisions. Though Applicants will, of course, respond separately to that motion, nothing herein warrants the relief requested by CCANP.

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

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HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498 OL COMPANY, ET AL. ) 50-499 OL

)

(South Texas Project, Units 1 )

and 2) )

CERTIFICATE OF SERVICE I hereby certify that " Applicants' Response To Attorney Gen-eral Of Texas' Moticn For Extension Of Discovery Deadline" has

. been served on the following individuals and entities by deposit in the U. S. Hail, first class, postage prepaid on this 3d day of May, 1983.

Charles Bechhoefer, Eso t- l h s Brian Berwick, Esq.

Chairman, Administrat' cge y Assistant Attorney General Atomic Safety and Li , for the State of Texas Board Panel ing 4,2<

4,, Environmental Protection U.S. Nuclear Regula y mis'sion -

Division Washington, D.C. 2 E5 55 g78 'CP.O. Box 12548, Capitol Station g%c,# 6,3" , Austin, TX

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78711 Dr. James C. Lamb,

'4 Adninistrative Judge F% 4[7 N William S. Jordan, III, Esq.

b Harmon & Weiss 313 Woodhaven Road $

Chapel Hill, NC 27514 m - 1725 I Street, N.W.

Washington, D.C. 20006 Ernest E. Hill Administrative Judge Kim Eastman, Co-coordinator Lawrence Livermore Laboratory Barbara A. Miller University of California Pat Coy

P.O. Box 808, L-46 Citizens Concerned About l

Livermore, CA 94550 Nuclear Power 5106 Casa Oro Mrs. Peggy Buchorn San Antonio, TX 78233 Executive Director Citizens for Equitable Lanny Sinkin Utilities, Inc. 2207-D Nueces Route 1, Box 1684 Austin, TX 78705 l

Brazoria, TX 77422

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Robert G. Perlis, Esq. -.

Office of the Executive Legal Director U.S. Nucl' ear Regulatory Commission " '

Washington, D.C. 20555 _,

Atomic Safety and Licensing Appeal ,-

Board U.S. Nuclear Regulatory-Commission -

Washington, D.C. 20555 -.

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Ato:r.ic Safety and Licensing Board .

U.S. Nuclear Regulatory Commission - ' '~

Washington, D.C. 20555 -~ - / ,-

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Docketing and Service S"ction Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 hM e

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