ML20107B100

Opposition to Case Motion for Referral of R Jones Incident to Ofc of Investigations.Certificate of Svc Encl.Related Correspondence

ML20107B100
Person / Time
Site:	Comanche Peak
Issue date:	10/30/1984
From:	Downey B BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20107B092	List: ML20107B100 ML20107B115 ML20107B125
References
OL-2, NUDOCS 8411020077
Download: ML20107B100 (4)

Text

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WED Conn 5SPONDENCE 00CHETED USEC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 84 OCT 31 P12:50

.BEFORE THE ATOMIC SAFETY AND LICENSINGcBOARD:q c

'; ; ,M-In the Matter of )

)

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445-2 COMPANY, et al. ) 50-446-2

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

APPLICANTS' OPPOSITION TO CASE'S MOTION FOR REFERRAL OF THE RON JONES. INCIDENT TO THE NRC'S OFFICE OF INVESTIGATIONS Citizens Association for Sound Energy (" CASE") has moved this Board to refer to the Office of Investigation ("OI") what CASE' calls'the "Ron Jones incident." This request is inappro-priate for at least three reasons.

First, the subject matter of the Ron Jones incident does not relate - to the - issue pending before this Board: whether there was pervasive harassment and intimidation at Comanche Peak. At the time the " incident" occurred, Mr. Jones was not employed at Comanche Peak. and he had not been so employed for some time. In light of this fact, CASE's effort to raise this matter is nothing more than another attempt to divert attention from the issue at hand, and.the motion must be denied.

Second, no action by this Baord is required to bring the matter to the attention of OI. Indeed, CASE has demonstrated time and again that it is perfectly capable cf raising matters with OI without the assistance of the Board.

8411020077 841031 gDRADOCK 05000445 PDR

Third,.and most importantly, the motion is based on nothing

'more than CASE's speculation about Applicants' motives, which speculation is directly contradicted by Applicants' interrogatory answers about the matter. Given the Board's extraordinary step of permittingfCASE to serve interrogatories concerning this matter and full and complete responses provided by the Appli-cants, CASE's motion should be denied, and the matter should be put to rest.

Respectfully submitted, i

Bruce L. Downey BISHOP, LIBERMAN, C , PURCELL &

REYNOLDS 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202)857-9800 Counsel for Applicants October 30, 1984

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DCLKETED U W.C UNITED STATES OF AMER'84A OCT 31 P12 50 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LI'CElb bGbBUAIRD In.the Matter of )

)

TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445-2 and COMPANY, _et _al. ) 50-446-2 (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'

- Opposition to CASE's Motion For Referral Of The Ron Jones Incident To The NRC's Office Of Investigations" in the above-captioned matter.were served upon the following persons by hand-delivery on October 31 1984, or by overnight delivery,* or deposit in the United States mail,** first class, postage prepaid, this 31st 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. Robert D. Martin 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 Nashington, D.C. 20555 r

-~ _ ____ ._____ _.......__.__.__ __ ..___ _ . _ , _ . _ _ _

• • 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.

• • Mrs. Juanita Ellis Atomic Safety and Licensing President, CASE Board Panel 1426 South Polk Street U. S. Nuclear Regulatory Dallas, Texas 75224 Commission Washington, D. C. 20555 I

" Bruce L./Dbwney cc: John W. Beck Robert Wooldridge, Esq.

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