ML20098F962

Motion for Mod of ASLB 840917 Memorandum & Order Directing Release of Ofc of Investigation Repts.Applicant Designates Reynolds & Downey as Legal Representatives Included in Protective Order.Certificate of Svc Encl

ML20098F962
Person / Time
Site:	Comanche Peak
Issue date:	10/02/1984
From:	Downey B BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#484-245 OL-2, NUDOCS 8410030589
Download: ML20098F962 (5)

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00LMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'84 00T -3 A10:28 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE F SEuEiAR r 00CXETmG A SEsv:u In the Matter of ) BRANCH

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TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445-2 and COMPANY, et al. ) 50-446-2 gg (Comanche Peak Steam Electric ) (Application for Station, Units 1 and 2) ) Operating Licenses)

APPLICANTS' MOTION FOR MODIFICATION OF THE BOARD'S MEMORANDUM AND ORDER

-(Directing Release of OI Reports)

On September 17, 1984 the Licensing Board issued a Memorandum and Order (Directing Release of OI Reports). At page 5 of that Memorandum and Order the Board indicated its willingness to limit those granted access to this information to two legal representatives for each party in an effort to maintain a strict level of confit entiality.

Applicants hereby request that the Board modify this aspect of its Memorandum and Order. In order for Applicants to evaluate the OI Reports, it is essential that representatives of the Applicants familiar with the technical aspects (if any) of the reports be able to review them. Given the past practice by the Licensing Board of delving into the technical merits of issues related to alleged incidents of intimidation, it is possible that the Board will inquire into technical issues, if any, raised by the OI Reports. Under these circumstances, for the Licensing Board to limit access to the OI Reports to only two legal representatives and no technical representatives of the 8410030589 841002 gDRADOCK 05000445 PUR

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Applicants may effectively deprive Applicants of their ability to respond to questions raised by the Board as a result of the OI Reports.

In addition, Intervenor has raised broad technical claims in connection with alleged incidents of intimidation. See CASE's Evidence Of A Quality Control Breakdown, September 27, 1984. In all likelihood Intervenor will endeavor to do so again after reviewing the OI Reports. It will be extremely difficult for Applicants to respond to these claims if access to the OI Reports is limited to two legal representatives.

Accordingly, Applicants hereby request that the Board permit Applicants to designate two persons to review each OI file released in this proceeding. Of course, all persons so designated will be subject to the protective order restricting dissemination of the information contained in the file.

Finally, Applicants designate Messrs. Reynolds and Downey as Applicants' two legal representatives included in the protective order contemplated by the Board's Memorandum and Order.

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f Applicants do not oppose Intervenor's September 26, 1984 request to.the Board permitting three representatives of Intervenor access to the OI Reports.

Respectfully submitted, Bluce L.

Sanford L. Hartman Downey ']

BISHOP, LIBERMAN, OK PURCELL AND RE OLD 1200 Seventeent St et, N.W.

Washington, D.C 20036 202/857-9800 Counsel for Applicants October 2, 1984 i

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0006ETED UshRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 84 (CI -3 A10 :28 BEFORE THE ATOMIC SAFETY AND LICENSINQ:OOARD Uggnu;.

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In the Matter of )

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TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445-2 and COMPANY, et

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al. ) 50-446-2

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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 for Modification of the Board's Memorandum and Order (Directing Release of OI Reports)" in the above-captioned matter were served upon the following persons by hand-delivery, overnight delivery,* or by deposit in the United States mail,**

first class, postage prepaid, this 2nd 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 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.

Commission Office of the Executive Washington, D.C. 20555 Legal Director U. S. Nuclear Regulatory

• *Mr. John Collins Commission Regional Administrator Washington, D. C. 20555 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 I

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• • 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

"" Bfuch L. Down y cc: John W. Beck Robert Wooldridge, Esq.

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