ML20087P216

Motion to Establish 840331 as cut-off Date for Litigating Allegations of Intimidation Effects.Certifictate of Svc Encl

ML20087P216
Person / Time
Site:	Comanche Peak
Issue date:	04/05/1984
From:	Belter L BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
OL-2, NUDOCS 8404060169
Download: ML20087P216 (4)

Text

Gf Ol' i M, April 5, 1984 DOCKET ftUMIIER - 4.. N dd-

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UNITED STATES OF AMERICA Ccmh Uh NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD APR-S p4:

27 In the Matter of  : .:

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TEXAS UTILITIES ELECTRIC COMPANY, ET AL.: Docket Nos. 50-4Nie

50-446-2 (Comanche Peak Steam Electric Station,  : (Application for Operating Units 1 and 2)  : ~. License)

APPLICANTS' MOTION TO ESTABLISH A CUT-OFF DATE WITH RESPECT TO ALLEGATIONS OF INTIMIDATION EFFECTS Applicants, Texas Utilities Electric Company, et al.,

hereby request the Board to establish March 31, 1984, as a cut-off date for litigating specific incidents in connection with'the generic issue of the effect, if any, of alleged instances of intimidation.

In its March 15, 1984 Memorandum concerning clarification of open issues the Board (p. 14) invited a party to file such a motion. The Board. stated that the issue of intimidation relates to the-question "whether there has been a practice of discouraging the report of nonconforming conditions" (March 15 Memorandum, p. 13), and that this issue is not confined to l specific previously known subissues. In view of the potential ongoing nature of the issue, a cut-off date is necessary in order-to avoid, as the Board noted, the substantial penalty 8404060169 840405 PDR ADOCK 05000445 C PDR. ..

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of_ unduly prejudicing the plant's start-up date. It is also necessary in order to assure orderly litigation of this issue.

Applicant is presently in the process of preparing to litigate this. issue and is concurrently forwarding interro-

.gatories to intervenors and will seek to depose potential witnesses. In order to conduct discovery in an orderly fashion, it is necessary that a cut-off date be established so that all parties may know, during the hearing preparation stage,

-the specific incidents to be presented at hearing. Hence an effective cut-off date must exist at the time intense prepar-ation for hearing begins.

Wherefore Applicants request that a cut-off date be established as of March 31, 1994, and that no evidence of specific allegations of intimidation or discouragement or alleged effects thereof, occurring af ter that date be admitted at the hearing.

Respectfully submitted, Texas Utilities Electric Company By - "Z-

• Leonard W. Belter Bruce L. Downey Bishop, Liberman, Cook, Purcell

. & Reynolds 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9800

. DATED at Washington, D.C. this 5th day of April, 1984.

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UNITED STATES OF AMERICA

-NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY NND LICENSING BOARD In the Matter of  :

Docket Nos. 50-445-2 TEXAS UTILITIES ELECTRIC COMPANY, ET AL.: 50-446-2 (Comanche Peak Steam Electric Station,  :

Units 1.and 2)  :

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing MOTION in the above-captioned matter were served upon the following persons by overnight delivery (*), or deposit in the United State mail, first class, postage prepaid, this 5th day of April, 1994, or by hand delivery (**) on the 6 th day of April, 1994.

'** Peter B. Bloch, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C.20555 Mr.'Nilliam L. Clements-

• Dr. Walter H.. Jordan Docketing & Service Branch 991 West Outer Drive U.S. Nuclear Regulatory Oak Ridge, Tennessee 37830 Commission Washington, D.C. 20555

• Herbert Grossman, Alternate Chairman .

• • Stuart A. Treby, Esq.

1 Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.20555 Washington, D.C. 20555

. Mr. John Collins Chairman, Atomic Safety and Regional Administrator Licensing Board Panel Region IV U.S. Nuclear Regulatory U.S. Nuclear Regulatory _ Commission Commission Washington, D.C. 20555 611 Ryan Plaza Drive Suite 1000 Arlington, Texas 76011

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.E' Renea Hicks, Esq. *Mrs. Juanita Ellis

- Assistant Attorney; General President, CASE Environmental Protection 1426' South Polk Street Division Dallas, Texas 75224

.P. O. Box 12548

' Capitol Station

Austin, Texas 73711 Lanny A. Sinkin 114 W. 7th Street Suite 220 Austin, Texas 78701 b

Leonard W. Belter cc: Homer C. Schmidt Robert Wooldridge, Esq.

David.R. Pigott,'Esq.

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