ML20098G855
| ML20098G855 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 10/04/1984 |
| From: | Horin W BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#484-287 OL, NUDOCS 8410050607 | |
| Download: ML20098G855 (5) | |
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CCCUS 30 I'$ g7,g October 4, 1
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E NCh'St /4, UNITED STATES OF AMERICA II
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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of-
)
)
Docket Nos. 50-445 and j{
TEXAS UTILITIES ELECTRIC
)
)
)
( Application for (Comanche Peak Steam Electric
)
Operating Licenses)
Station, Units 1 and 2)
)
APPLICANTS' MOTION TO STRIKE CASE'S ANSWER TO APPLICANTS' REPLY TO CASE'S ANSWER TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION REGARDING CONSIDERATION OF FRICTION FORCES CASE filed on October 2, 1984, an answer to Applicants' reply to CASE's answer to our motion for summary disposition regarding consideration of friction forces.
Applicants filed their motion on May 16, 1984.
CASE filed its answer on August 6, ta which Applicants' replied (as authorized by the Board (Tr.
13,995)) on Septembe r 19.
CASE's latest " answer" is unautho-rized..Accordingly, Applicants move the Board to strike that answer.
8410050607 841004 DR ADOCK 05000445 PDR l S03
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'{} l Apparently recognizing that its " answer" was not authorized, i
CASE seeks to justify its filing, seeking the Board's approval of its filing.
CASE does not, however, move for permission to submit the answer.
Nevertheless, CASE's pleading should be
' treated-as a motion for authorization to file its answer.1 It is clear that the Rules of Practice do not contemplate CASE's filing (10 C.F.R. $2.749(a)).
Nor has the Board autho-rized CASE to submit further material on the issue.
Indeed, the Board has recognized even Applicants' reply was not "of right" and authorized such a pleading because the Board felt it needed additional information (Tr. 13,993, 13,995).
The Board has not made such a finding with respect to CASE's " answer", and CASE presents no valid reason for the Board to do so.
CASE merely asserts it believes it's answer is "necessary" for a complete record and that they did not have sufficient time to prepare their c'tiginal answer.
- t is not acceptable to presume as CASE has that the Board contcmplates open-ended litigation.
To the contrary, the Board ha9 sought to bring litigation of these issues to a close (see August 22, 1984, Conference Call).
Indeed, sound administrative practice dictates that litigation of these already extensively litigated issues must come to an end.
Further, CASE had more than' adequate time (over two and one-half months) to respond to 1
Our instant motion should, there fore, be treated as our answer to CASE's " motion".
Accordingly, the Board need not entertain even more responsive pleadings and should rule prompwly.
$ Applicants' motion.
Thus, its claim that it is justified in filing its answer because it had "too short a time" to file its initial. answer is unfounded.
In short, CASE presents no valid basis for the Board to authorize yet another round of pleadings.2 Accordingly, we move the Board to strike CASE's answer.
Finally, because CASE is likely to attempt to submit further
" answers", Applicants move the Board to establish clearly that such pleadings are not authorized and will be automatically stricken in the future.3 Respectfully submitted, i
Nicholas S.
Reynolds William A.
Horin BISHOP, LIBERMAN, COOK, PURCELL & REYNOLDS 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9800 Counsel for Applicants October 4, 1984 2
As the bearer of the ultimate burden of proof, Applicants submit they should be permitted to respond to CASE's latest answer if the Board authorizes its submission.
3 Applicants just received " CASE's Answer to Applicants' Reply to CASE's Answer to Applicants' Motion Regarding Alleged Errors Made in Determining Damping Factors for OBE and SSE Loading Conditions," dated October 2, 1984.
That " answer" should be included within the scope of the instant motion and, therefore, should also be stricken.
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'84 GCl -5 UNITED STATES OF AMERICA
- 27 NUCLEAR REGULATORY COMMISSIOgcfI:G H
~
'g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket Nos. 50-445 and TEXAS UTILITIES ELECTRIC
)
50-446 COMPANY, et al.
)
)
(Application for
-( Comanche Peak Steam Electric
)
Operating Licenses)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion to Strike CASE's Answer to Applicants' Reply to CASE's Answer to Applicants' Motion for Summary Disposition Regarding Consider-ation of Friction Forces," in the above-captioned matter was served upon the following persons by express delivery (*), or deposit in the United States mail, first class, postage prepaid, this 4th day of October, 1984, or by hand delivery (**) on the 5 th 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 & Service Branch 881 West Outer Drive U.S.
Nuclear Regulatory Oak Ridge, Tennessee 37830 Commission Washington, D.C.
20555
- Dr. Kenneth A. McCollom Dean, Division of Engineering
- Stuart A. Treby, Esq.
~ Architecture and Technology Office of the Executive Oklahoma State University Legal Director Stillwater, Oklahoma 74074 U.S.
Nuclear Regulatory Commission Chairman, Atomic Safety Washington, D.C.
20555 and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
i
- Mr. John Collins
- Ellen Ginsberg, Esquire Regional Administrator, Atomic Safety and Licensing Region IV Board Panel U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory commission Commission 611 Ryan Plaza Drive Washington, D.C.
20555 Suite-1000 Arlington, Texas 76011
- Mrs. Juanita Ellis Renea Hicks, Esq.
President, CASE Assistant Attorney General 1426 South Polk Street Environmental Protection Dallas, Texas 75224 Division P.O.
Box 12548 Lanny A.
Sinkin Capitol Station 114 W.
7 th Street Austin,' Texas 78711 Suite 220 Austin, Texas 78701 h
a William A.
Horfh cc:
John W.
Beck Robert Wooldridge, Esq.
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