ML20095G687

Motion to Strike Listed Portions of Applicant Testimony as Impermissible Redirect of Witnesses.Certificate of Svc Encl. Related Correspondence

ML20095G687
Person / Time
Site:	Comanche Peak
Issue date:	08/24/1984
From:	Roisman A TRIAL LAWYERS FOR PUBLIC JUSTICE
To:	Atomic Safety and Licensing Board Panel
References
OL-2, NUDOCS 8408280157
Download: ML20095G687 (6)

Text

's $3M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RE@TEDCCnn5 ' " " EkN 000KETED BEFORE THE ATOMIC SAFETY AW6CLICENSING BOARD In the Matter of '84 A p 24 P4 :44

)

TEXAS UTILITIES ELECTRIC trr . ? t)9E.. Docket Nos. 50-445-2 COMPANY, et al. 00 0 U I)'i a P ,

2) dC4 50-446-2 (Comanche Peak Steam Electric )

Station, Units 1 and 2) )

MOTION TO STRIKE TESTIMONY OF APPLICANT CASE moves to strike the following portions of Applicant's testimony as impermissible redirect of witnesses previously called:

Brandt TR. 45,291 - line 15 to TR. 45,298 - line 23 (Redirect on QA Audit Report and Mike Foote Incident)

TR. 45,325 - line 18 to TR. 45,328 - line 21 (Redirect on T-shiet and Pitts)

Purdy TR. 41,278 - line 13 to TR. 41,285 - line 9 (Redirect on QA/QC program on site)

TR. 41,302 - line 8 to TR. 41,315 - line 24 (Redirect on Barnes allegations)

TR. 41,361 - line 8 to TR. 41,368 - line 17 (Redirect on T-shirt incident)

TR. 41,378 - line 6 to TR. 41,382 - line 25 (Redirect on Bob Bronson incident)

TR. 41,386 - line 2 to TR. 41,389 - line 23 (Redirect on 1979 survey) 8408280157 840824 gDRADOCK 05000445 PDR m

't **

Vega TR. 36,665 - line 12 to TR. 36,677 - line 18 (Redirect on his policy when he took over and his policy on termination)

TR. 36,686 - line 20 to TR. 36,712 - line 8 (Redirect on QAI files)

TR. 36,730 - line 7 to TR. 36,738 - line 10 (Redirect on 1979 survey)

CASE moves to strike the following testimony as hearsay:

Vega TR. 36,683 - line 11 to TR. 36,684 - line 17 TR. 36,722 - line 16 to TR. 36,724 - line 7 This motion does not represent a definitive list of Applicant testimony that should be str'cken i for these or other reasons.

Discussion By procedures established at the June 14, 1984 Pre-hearing ,

Conference and not altered in any material way since, the Board indicated that, absent express agreement by the parties, witnesses called during the depositions at Glen Rose would be crossed and redirect examination would be conducted at that time.

As to each of the identified portions of the Applicant's pre-

' filed testimony the witness has previously been crossed as to this matter and in many instances also had some redirect. The deposition having been concluded, Applicant has no continuing

right to bring the same witness back and pursue matters raised in r_ . _ __ , , , _ _ , . _ . . _

i that proceeding absent a showing of " surprise." No such showing has been made and is a pre-requisite to filing any such  !

testimony. Thus the subject testimony should be stricken.

The two instances of hearsay are merley glaring examples of a rather cavalier attitude toward hearsay reflected in Applicant's pre-filed testimony. Unless the matters are being offered for their truth they are irrelevant. Alternatively they do not constitute "best evidence" since the persons about whom the testimony is written could be called by Applicant to testify

-- i.e. Mr. Welch and Mr. Spence.

For the reasons stated, this motion should be granted.

Respectfully submitted, hWL b ]$ aw ANTHONY Z# ROISMAN tt

+ 4+

Trial Lawyers for Public Justice 2000 P Street, N.W., Suite 611 Washington, D.C. 20036 (202) 463-8600 August 24, 1984

t 3 ELATED ConnE3PONDENCE

' - ~

August 24, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

TEXAS UTILITIES GENERATING )

COMPANY, et al. ) Docket Nos. 50-445-2

) and 50-446-2 (Comanche Peak Steam Electric )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of CASE's Motion To Strike Testimony Of Applicant have been sent to the names listed below this 24th day of August, 1984, by: Express mail where indicated by *; Hand-delivery where indicated by **; and First Class Mail unless otherwise indicated.

• • Administrative Judge Peter B. Bloch U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555

• • Herbert Grossman, Alternate Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Kenneth A. McCollom, Dean Division of Engineering, Architecture and Technology Oklahoma State University Stillwater, Oklahoma 74074

Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, Tennessee 37830 Ms. Ellen Ginsberg, Law Clerk Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 c* Nicholas S. Reynolds, Esquire Bishop, Liberman, Cook, Purcell

& Reynolds 1200 17th Street, N.W.

Washington, D.C. 20036

• • Stuart Treby, Esquire Geary S. Mizuno, Esquire I office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Chairman Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Renea Hicks, Esquire Assistant Attorney General Environmental Protection Division Supreme Court Building Austin, Texas 78711 John Collins Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011

• • Docketing and Service Section (3 copies)

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lanny A. Sinkin 114 W. 7th, Suite 220 Austin, Texas 78701

~

. j Dr.' David H. Boltz 2012 S. Polk Dallas, Texas 75224 Michael D. Spence,, President

. Texas Utilities Generating Company Skyway Tower 400 North Olive-Street, L.B. 81 Dallas, Texas 75201 MNti, ) '[dw ov A ANTHONY Z# ROIS'AN M sG Trial Lawyers for Public Justice 2000 P Street, N.W., Suite 611 Washington, D.C. 20036 "'

(202) 463-8600 9

, , - - - - , - - -, . . . - _ , . - - -- a-,, .--. - - . - - , . ~ - - , - - - -