ML20127M427
| ML20127M427 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/15/1992 |
| From: | Kohn M AFFILIATION NOT ASSIGNED, KOHN, SAVETT, MARION & GRAF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#492-13391 92-668-01-CPA, 92-668-1-CPA, CPA, NUDOCS 9211300185 | |
| Download: ML20127M427 (5) | |
Text
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.LhEiLD UNITED STATES OF AMERICA
'J b hi(C NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
'92 my 19 P7 :02
)
In the Matter of
)
)
Docket No. 50x44.GrcPA* ;c,, a
.: y ml TEXAS UTILITIES ELECTRIC COMPANY,
)
ASLBP NO. 92-668-OiUCPA
)
(Construction Permit (Comanche Peak Steam Electric
)
Amendment)
Station, Unit 2)
)
)
MOTION TO COMPEL DISCLOSURE OF INFORMATION SECRETED BY RESTRICTIVE. AGREEMENTS Petitioners B.
Irene Orr, D.I.
Orr, Joseph J.
Macktal, Jr.
and S.M.A. Hasan, hereby request that this Board declare null and void any and all provisions in the settlement agreements between the former minority owners of the Comanche Peak Steam Electric Station (CPSES) which prohibit those minority owners, and their insurers, agents, servants, employees, officers, directors, consultants, attorneys and representatives, from disclosing any potential safety related information (including, but not limited to, information relevant to this proceeding) to Petitioners, the NRC and/or the general public.
Petitioners likewise move that this Board also nullify those parts of the settlement agreements which prevent persons from filing safety related charges with the NRC.
Petitioners have been prejudiced by their inability to obtain information from the former minority owners of the Comanche Peak Steam Electric Station (CPSES).
Consequently, Petitioners request that this Board require TUEC and its present 1
9211300185 921115 PDR ADOCK 0S000446 1
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I or former minority owners (including the Brazos Electric Power Cooperative, Inc., the Texas Municipal Power Agency and Tex-La Electric Cooperative) to comply with the following procedure in order to partially rectify the harm caused to the public and Petitioners by the execution of the restrictive agreements:
1) that the former minority owners meet with representatives of the Petitioners and fully disclose all safety related information (including documentation) which they (or their agents, consultants, employees, etc.) possess; 2) that TUEC produce a copy of all documents returned by the minority owners pursuant to the settlement agreements to the petitioners and produce copies of all documents referenced in the settlement agreements; 9.
3) that once petitioners have copies of the documents and I
witnesses outlined above, that petitioners be given 20 days to file notices of deposition for the taking the sworn testimony of witnesses identified in numbers 1 and 2 above who may have f
evidence directly relevant to this proceeding.
The depositions shall be completed in an expeditious manner; 4) that once the depositions are completed, the petitioners shall have 30 days to file additional contentions before this Board and/or to file additional information in support of the previously filed contention.
2
The grounds supporting this motion are contained in Petitioners' Notice of Additional Evidence Supporting Petition to Intervene and Petitioners' October 5, 1992 supplement to their original intervention petition.
Respectfully submitted, Michael D.
Kohn Stephen M.
Kohn i
KOHN, KOHN AND COLAPINTO, P.C.
517 Florida Ave.,
N.W.
Washington, D.C.
20001 (202) 234-4663 Attorneys for Petitioners November 15, 1992 I
i I
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% htf C UNITED STATES OF AMERICA liUCLEAR REGULATORY CO!!MISSIO!1 ATOMIC SAFETY A!1D LICENSIllG BOARD
'92 NOV 19 P7 :02 In the 1:atter of
)
50[-d 92-d'6,44-pf,A.',,.;
)
Dochet No.
8 -017;CPA TEXAS UTILITIES ELECTRIC COMPA!4Y,
)
ASLPP 110,
)
(Construction Permit (Comancho Peak Steam Electric
)
Amendment)
Station, Unit 2)
)
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of: 1) Petitioners' Motion to Compel Disclousre of Information Secreted by Restrictive Agreements, and 2)
Petitioners' 11otification of Additional Evidence Supporting Petition to Intervene, were served upon the following parties by HA!4D DELIVERY on llovember if, 1992:
Secretary, U.S. Nucelar Regulatory Commission Washington, D.C.
20555 l
Hon. James H.
Carpenter Atomic Safety and Licensing Board Nucelar Regtlatory Commission Washington, D.C.
20555 Hon. Morton B.
Margulies Chairman, Atomic Safety and Licensing Board Nucelar Regulatory Commission Washington, D.C.
20555 Hon. Peter S.
Lam Atomic Safety and Licensing Board Nucelar Regulatory Commission Washington, D.C.
20555 George Edgar, Esq.
Janice E.
Moore, Esq.
Newman & Holt:inger, P.C.
Office of the General Counsel 1615 L Street, !J. W.,
!Juclear Regulatory Commission Suite 1000 Washington, D.C.
20555 Washington, D.C.
20036 And that the following person was served by U.S. Mail, first class, on November 17, 1992:
R.
Micky Dow P.O.
Box 875 Monroeville, PA 15146 By:
Michael D.
E9hn
. r i '. i i' mhnC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 92 my 19 P7 :03 4
j In the Matter of
)
- 9.,. <
,Y
)
Docket Noj$U '44'6 dPKI TEXAS UTILITIES ELECTRIC COMPANY,
)
]
)
(Construction Permit (Comanche Peak Steam Electric
)
Amendment) d Station, Unit 2)
)
CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of: 1) Petitioners' Motion to Compel l
Disclousre of Information Secreted by Restrictive Agreements, and 2)
Petitioners' Notification of Additional Evidence Supporting Petition to Intervene, were served upon the following parties by llAND DELIVERY on November 17, 1992:
Secretary, O.S. Nuclear Regulatory Commission Washington, D.C.
20555 Hon. James 11. Carpenter Atomic Safety and Licensing Board Nuclear Regulatory Commission Washington, D.C.
20555 Hon. Morton B. Margulies Chairman, Atomic Safety and Licensing Board Nuclear Regulatory Commission i
Washington, D.C.
20555 Hon. Peter S.
Lam Atomic Safety and Licensing Board Nuclear Regulatory Co nmission l
Washington, D.C.
20555 George Edgar, Esq.
Janice E.
Moore, Esq.
Newman & Holt inger, P.C.
Office of the General Counsel 1615 L Street, N.W.,
Nuclear Regulatory Commisnion Suite 1000 Washington, D.C.
20555 Washington, D.C.
20036 And that the following person was served by U.S. Mail, first class, on November 17, 1992:
R.
Micky Dow P.O.
Box 875 Monroeville, PA 15146 By:
Michael D.
Kohn d
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