ML20093M319

Motion to Suppl 841018 Statement as to Privileged Trial Preparation Matls or Request to File Encl M Watkins 1 Day Out of Time.Certificate of Svc Encl

ML20093M319
Person / Time
Site:	Comanche Peak
Issue date:	10/19/1984
From:	Watkins M BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20093M321	List: ML20093M319 ML20093M326
References
CON-#484-601 OL-2, NUDOCS 8410220064
Download: ML20093M319 (5)

Text

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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00LKETED USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'84 0CT 19 ll11 :18 In the Matter of: -)

TEXAS. UTILITIES ELECTRIC DockeE$fas.75dEj45-2 and COMPANY, et al. ) M5D2446-2

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(Comanche _ Peak Steam Electric ) (Application for Station, Units 1 and-2) ) Operating Licenses)

APPLICANTS' MOTION TO' SUPPLEMENT STATEMENT AS TO PRIVILEGED TRIAL PREPARATION MATERIALS Applicants move the Board to accept the attached October 18, 1984- letter, which identifies one additional

'O.B. Cannon document as privileged, as.a supplement to Applicants' le'tter, also dated October 18, which identified 14 other O.B. Cannon' documents as privileged. Alternatively, Applicants request the Board-to treat this motion as a request to file the attached letter one day out of time.

Groun,ds for this motion are as follows:

1. On-October 18, Applicants filed with the Commission and served on the Board and parties their statement regarding

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privilege asserted as to 14 0.B.' Cannon documents. Copies of the letter were dispatched by messenger to the Board and I parties located in the Washington area, as reflected on the certificate of service-attached to the letter.

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2. :Some time between 3:30 and'4:00 p.m., after the

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'first 1etter-had gone out, counsel for O.B.-Cannon con-tacted the undersigned to. advise that although Applicants

-had designated an O.B. Cannon document-as privileged when EApplicants reviewed the documents on the evening of October 17,1the document did not appear in the index of

. documents'in the first October 18 letter. The undersigned confirmed-that the additional O.B. dannon letter had not

-beed11isted, byfoversight.

3.- The undersigned contacted the Board's Chairman to report.the oversight, and advised the Chairman that Applicants would supplement the first October 18 letter.

4. Applicants prepared a supplemental letter, a copy of-which is attached, _ identifying the additional O.B.

. ~ Cann n document.- As reflected on the service list,

. Applicants served the document on.Intervenor by hand on October 18,_and on other parties-by overnight or first-class jnail. . Applicants' messengers could not,,however, deliver the letter to the Board and Staff. counsel prior to 5:00 p.m.,

when the Commission's offices in Bethesda:are locked.

.5. Applicants believe that the Board's acceptance of the attached letter will cause no prejudice to any party.

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l 3-Accordingly, Applicants request that the Board accept the attached two-page letter dated October 18, 1984, identifying one additional O.B. Cannon document as privileged.

Respectfully submitted, McNeill Watkins II Bishop, Liberman, Cook, Purcell & Reynolds 1200 17th Street, N.W.

Washington, D.C. 20036 (202) 857-9800 counsel for Applicants October 19, 1984 O

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m UNITED STATES OF-AMERICA

. NUCLEAR REGULATORY COMMISSION pcLKFTED USMC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the. Matter of ) 84 00I 19 All:18

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TEXAS UTILITIES ELECTRIC ) Docket Nos. 50 .445-2:and-_

COMPANY, et al. ) 50-T46$2TJD$@/r

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'(Comanche Peak ~ Steam Electric ) (Application for

Station, Units 1-and 2) ) Operating Licenses)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicants' Motion to Supplement Statement as to Privileged Trial Preparation Materials in the above-captioned matter was served upon the following persons by hand-delivery,* overnight delivery,** or by deposit in the United States mail,*** first class, postage prepaid, this 19th day of October, 1984:

• 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. William L. Clements 4

• • Dr. Walter H. Jordan Docketing & Services Branch 881 West Outer Drive- U.'S. Nuclear Regulatory Oak Ridge, Tennessee 37830 Commission Washington, D.C. 20555

• Herbert Grossman, Esq.

U. S.. Nuclear' Regulatory *Stuart.A.-Treby, Esq.

f. Co:mmission Office of the Executive t- .W ashington, D.C. 20555 Legal Director U. S. Nuclear Regulatory

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

• • • Renea Hicks, Esq.

• Anthony Z. .Roisman, Esq.

Assistant _ Attorney General Executive Director Environmental Protection- Trial Lawyers for Public Justice Division 2000 P. Street, N.W.

- P.O. Box 12548 Suite 600 Capitol Station Washington, D. C. 20036

' Austin, Texas 78711

• Ellen Ginsberg, Esq.

- ***Lanny A. Sinkin Atomic Safety and Licensing 114 W. 7th-Street Board Panel Suite 220 U. S. Nuclear Regulatory Austin, Texas 78701 Commission Washington, D. C. 20555 l

McNeill Watkins II cc: Homer C. Schmidt John W. Beck Robert Wooldridge, Esq.

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