ML20080J827
| ML20080J827 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 02/10/1984 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20080J830 | List: |
| References | |
| NUDOCS 8402150208 | |
| Download: ML20080J827 (4) | |
Text
F 2/10/84 00CKETEO UNITED STATES- 0F AMERICA U5hRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICEblN53B*0'AR69:59 In the Matter of r r";
u-APPLICATION OF TEXAS UTILITIES I
Docket Nos. 50-445 I
GENERATING COMPANY, ET AL. FOR and 50-446 AN OPERATING LICENSE FOR I
COMANCHE PEAK STEAM ELECTRIC I
STATION UNITS #1 AND #2 I
(CPSES) l CASE'S MOTION TO LATE FILE TESTIMONY OF NEW WITNESS On the morning of February 7,1984, CASE (Citizens Association for Sound Energy), Intervenor herein, mailed the prefiled direct testimony of
~
its witnesses Jack Doyle and Mark Walsh, for receipt by the Board and parties on February 8 (in accordance with the Board's instructions).
That same night (February 7), CASE received a tele' phone call from Ms.
Dobie Hatley, who identified herself as being a former Brown & Root employee who had just been fired that day, who had information regarding Comanche l
Peak. After some discussion with her, it became obvious to CASE that some of the infonnation she has needed to be included in testimony to be heard by the Board the week of February 20-24 regarding the CYGNA Report, and Ms. Hatley agreed that she should testify.
The next day, February 8, CASE advised the Board Chairman and Applicants by phone that there was the possi-l-
bility that CASE would have a new witness on the CYGNA Report.
Later that t
afternoon and evening, CASE had further discussions with Ms. Hatley and l
began preparation of her testimony by phone. During our conversation that evening, Ms. Hatley was served with a subpoena to appear for deposition by chhjjs PDR
,-go3 h
L
s.
s Applicants en Wednesday, February 15, 1984.
(It should be noted that, since CASE itself ha'd not yet had thi~ opportunity to completely debrief our new witness, we had not identified..Ms. Hatley by 'name when we spoke with Appli-cants.)
Since CASE had not been contacted by Ms. Hatley prior to the evening of February 7, and since Ms. Hatley did not contact CASE's representative until she was fired on February 7, good cause exists for CASE's late filing.
Furtt.er, as can be seen from reviewing Ms. Hatley's testimony, it is substantive, pertinent, and matdrial to these proc'eedings and'necessary to a complete record.
In addition, since the CYGNA Report itself is (as CASE understands it) to'be the prefiled document about which the upcoming hearings will be conducted, CASE would have been wittrin its rights h'ad we chosen instead to present Ms.
hatley purely as a rebuttal witness, without prefiled written testimony.
Further, it is obvious that Applicants have not been harmed by any surprise, since they apparently have reason to believe that Ms. Hatley would come to CASE with her concerns. And the NRC Staff had received Applicants' notice of deposition'within two days after CASE itself first knew of our new witnes[.
For the preceding good reasons, CASE moves that the Board grant its Motion to Late File Testimony of New Witness, s
Respectfully submitted,
. rh
_A [t/O s.
Juanita Ellis, President ASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of I
~
APPLICATION OF TEXAS UTILITIES GENERATING COMPANY,-ET'AL. FOR Docket Nos. 50-445 AN OPERATING LICENSE FOR and 50-446
. COMANCHE PEAK STEAM ELECTRIC STATION UNITS #1 AND #2 (CPSES)
CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of CASE'S 2/10/84 MOTION TO LATE FILE TESTIMONY OF NEW WITNESS have been sent to the names listed below this 10th day of February
, 198 4 by: Express Mail where indicated by
- and First Class Mail elsewnere.
4 Administrative Judge Peter B. Bloch Alan S. Rosenthal, Esq., Chairman U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Board 4350 East / West Highway, 4th Floor U. S. Nuclear Regulatory Commission Bethesda, Maryland 20814 Washington, D. C.
20555
- - Dr. Kenneth A. McCollom Dean Dr. W. Reed Johnson, Member Division of Engineering, Atomic Safety and Licensing Appeal Board Architecture and Technology U. S. Nuclear Regulatory Commission Oklahoma State University Washington, D. C.
20555 Stillwater, Oklahoma 74074 Thomas S. Moore, Esq., Member
- Dr. Walter H. Jordan Atomic Safety and Licensing Appeal Board 881 W. Outer Drive U. S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830
< Washington, D. C.
20555
- Nicholas S. Reynolds, Esq.
Atomic Safety and Licensing Appeal Panel Debevoise & Liberman U. S. Nuclear Regulatory Commission 1200 - 17th St., H. W.
Washington, D. C.
20555 Washington, D. C.
20036 Docketing and Service Section (3 copies)
- Geary S. Mizuno, Esq.
Office of the 3ecretary Office of Executive Legal Director, USNRC U. S. Nuclear Regulatory Commission Maryland National Bank Building i Washington, D. C.
20555 7735 Old Georgetown Road - Room 10105 Bethesda, Maryland 20814 Atomic Safety. and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.
20555
Certificate of Service.
Page 2 David J. Preister, Esq.
Assistant Attorney General,
Envirorrental Protection Division -
Supreme Court Building.
- d711 John Collins Regional Administrator, Region IV U. S. Nucleaf Regulatory Comission 611 Ryan Plaza Dr., Suite 1000 Arlington, Texas 75011 Dr. David H. Boltz 2012 S. Polk Dallas, Texas 75224 Lanny A. Sinkin 114 W. 7th, Suite 220 Austin, Texas 78701 R. J. Gary, Executive Vice President Texas Utilities Generating Co.
2001 Bryan Tower Dallas, Texas 75201 l
l sn K DL
(?!ps.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 5. Polk Dallas, Texas 75224 1
214/946-9446
.