ML20135G116

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Memorandum Striking Case 850828 Motion to Compel,But Not Granting Protective Order.Affidavits Filed by Applicant Appear Adequate W/O Further Explanation of Scope of Effort to Respond.Served on 850917
ML20135G116
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 09/17/1985
From: Bloch P
Atomic Safety and Licensing Board Panel
To:
References
CON-#385-519 79-430-06A-OL, 79-430-6A-OL, OL, OL-2, NUDOCS 8509180175
Download: ML20135G116 (2)


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l14 UNITED STATES OF AMERICA 20;g., d NUCLEAR REGULATORY-COMMISSION USuc'

'63 ggp g Before Administrative Judges:

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Peter B. Bloch, Chairman gy Herbert Grossman, Esq.

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Dr. Walter H. Jordan h}.'{

t In the Matter of Docket Nos. 50-445-OL2

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50-446-0L2 l

TEXAS UTILITIES ELECTRIC COMPANY, _et _a_l_.)

ASLBP No. 79-430-06A OL

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(Comanche Peak Steam Electric Station,

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SERVED SEP 17 WS Units 1 and 2)

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' September 17, 1985

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MEMORANDUM (CASE's Mot' ion to Compel of 8/28/85) l CASE's Motion to Compel, filed on August 28, 1985, appears to ha.ve l

been filed without regard to the Board's advice to avoid unnecessary technical disputes about discovery.I It appears that CASE preferred to make conspicuous charges without checking with Applicants or verifying the accuracy of the basis for their suspicions.2 We do not consider this particular filing to live up to the high standard of practice expected before this Commission.

There are enough l

real issues for CASE to refrain from any tendency toward i

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Memorandum and Order (Current Status of Discovery), August 16, 1985 (unpublished)at2.

2 Applicants' Answer to Case's Motions (September 10, 1985), at i

attached affidavit of Paul D. Rice.

i B509180175 850917 PDR ADOCK 05000445 4

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t CASE's 8/28/85 Motion to Compel:

2 "grandstandino."3 Ad hominem attacks on opposing counsel are not to be tolerated and could result in fomal discipline by this Board.

We also find CASE's allegations concerning the attorney portion of i

Applicants' response to be baseless.

In light of the inadequacy of i

CASE's basis for suspicions, the affidavits filed by Applicants appear i

to be adequate without any further explanation of the scope of the 1

effort to respond.

1 After consideration of the entire record, for the reasons stuvo.

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l we strike CASE's motion but we do not grant a protective order.

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l FOR THE ATOM SAFETY AND LICENSING BOARD l

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Peter B.~ Bloch, Chairman i

ADMINISTRATIVE JUDGE Bethesda, Maryland i

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We also agree with Applicants that Ms. Garde appears not to have j

filed an appearance and that she should do so.

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