ML20127L394

Advises of Problem W/Schedule Set Out by ASLB in 850625 Order.Decision on Calling of Attys & Sequestration Needed Before Calling First Witness If Sequestration Motion Made. Certificate of Svc Encl.Related Correspondence

ML20127L394
Person / Time
Site:	South Texas
Issue date:	06/25/1985
From:	Sinkin L Citizens Concerned About Nuclear Power, INC.
To:	Bechhoefer C, John Lamb, Shon F Atomic Safety and Licensing Board Panel
References
CON-#285-609 OL, NUDOCS 8506280003
Download: ML20127L394 (3)

Text

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Tuesday, June 25, 1985 00lKETED Charles Bechhoefer, Esquire J

'SMC I Chairman S. N. R. C. E dlM27 A10:34 l Washington, D.C. 20555  ;

Dr. James C. Lamb, III GFFICE or Sgf[y ,-

00 CME 7mga Administrative Judge 3 RANCH 313 Woodhaven Road Chapel Hill, North Carolina 27514

[ Frederick J. Shon

[ Administrative Judge U. S. N. R. C.

Washington, D.C. 20555 Re: Houston Lighting and Power Co., et al t South Texas Nuclear Project Docket Nos. 50-498 OL, 50-499 OL

Dear Members of the Board:

This letter is. to inform the Board and parties of a possible problem with the schedule set out by the Board in its Order issued today. As noted in CCANP's Identification of Witnesses, CCANP intends to call various Applicant attorneys to testify as

.to their actions regarding informing the Board, either directly or through their witnesses, about the Quadrex Report. The Board has scheduled discussion on the calling of attorneys as witnesses for sometime after the hearings begin.

As CCANP also informed the Board and parties during the sixth prehearing conference, CCANP intends to ask that various witnesses be sequestered. At this time, it is CCANP's intent to ask that Applicant attorneys to be called as witnesses be sequestered during the testimony of Mssrs. Jordan, Oprea, and Goldberg.

The obvious problem is that the decision on whether the attorneys are to testify is not scheduled to be made until after Mssrs.

Jordan, Oprea, and Goldberg testify.

In order to protect its right to seek sequestration of the attorneys, CCANP suggests that the decision on the calling of attorneys and their sequestration be made before the first wit ness is called, so that should the Board agree the attorneys are to be called and that they should be sequestered, Applicants will know to have additional attorneys prepared to take their place and conduct the hearings.

pgg6280003850625 &

G ADOCK 05000498 . n2 PDR y

9 Members of the Board

- June 25,.1985 Page Two Since there is no ruling yet that attorneys will be called and since CCANP does not have the prefiled testimony of any witnesses yet, .CCANP is not making the sequestration motion yet, but through this letter CCANP is putting the Board and parties on notice of its intention.

Sincerel ,

ff.a I

Lanny Sinkin 3022 Porter St., N.W. #304 Washington, D.C. 20008 (202) 966-2141 c.c. Service List l

t

. . - - - - , _ __..,.s -

, U MTED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARg

@3 In the Matter of (

0{,Cp[CS HOUSTON LIGHTING AND ( Docket Nos. 50-498 OL POWER COMPANY, ET AL. )

(South Texas Project, ( 50-499 OL 15 M 27 #0 34 Units 1 and 2) (

l>FFIl : gp 5t v ,

00CET CESIlELCAIE DE SESVICE Ch I hereby certify that copies of CCANP'S LETTER TO MEMBERS OF THE BOARD DATED JUNE 25, 1985 were served by hand delivery (*)

or deposit in the U.S. Mail, first class postage paid to the following individuals and entities on the 25th day of June 1985.

• Charles Bechhoefer, Esquire Brian Berwick, Esquire Chairman Asst. Atty. Gen.

Atomic Safety and Licensing Board State of Texas U.S. Nuclear Regulatory Commission Environmtl. Protection Washington, D.C. 20555 P. O. Box 12548, Capitol Sta.

Austin, Texas 78711 Dr. James C. Lamb, III Administrative Judge Oreste Russ Pirfo, Esquire 313 Woodhaven Road Office of the Exec. Leg. Dir.

Chapel Hill, North Carolina 27514 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555

• Frederick J. Shon Administrative Judge

• Jack R. Newman, Esquire U. S. Nuclear Regulatory Commission 1615 L Street, NW, Suite 1000 Washington, D.C. 20555 Washington, D.C. 20036 Melbert Schwar=, Esquire Baker and Botts Mrs. Peggy Buchorn 300 One Shell Plaza Executive Director, C.E.U. Houston, Texas 77002 '

Route 1, Box 1684 Brazoria, Texas 77422 Atomic Safety and Licensing Bd.

U.S. Nuclear Regulatory Comm.

William S. Jordan, III, Esq. Washington, D.C. 20555 Harmon, Weiss & Jordan 2001 S Street, N.W., Suite 430 Atomic Safety and Licensing Washington, D.C. 20009 Appeal Board U.S. Nuclear Regulatory Comm.

Pat Coy Washington, D.C. 20555 5106 Casa Oro San Antonio, Texas 78233 Docketing and Service Section Office'of the Secretary Ray Goldstein U.S. Nuclear Regulatory Comm.

1001 Vaughn B1dg. Washington, D.C. 20555 G07 Brazos Austin, Texas 78701

. - - L___________

Lanny nkin

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