ML20137L981
| ML20137L981 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/26/1985 |
| From: | Dignan T, Gad R ROPES & GRAY, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#485-360 INTR-851126, OL-2, NUDOCS 8512030574 | |
| Download: ML20137L981 (5) | |
Text
Filed: F V;;rst 1.6 1985 NELATED conHE.SPuhut.Ncg
'h:qfD UNITED STATES OF AMERICA i S!O.*48 NUCLEARREGULATORYCOMMISSIObhfS E q j,,
before the E
ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
)
Docket Nos. 50-445-2 TEXAS UTILITIES GENERATING
)
50-446-2 COMPANY et al.
)
)
(Application for an (Comanche Peak Steam Electric
)
Operating License)
Station, Units 1 and 2)
)
)
MOTION FOR ENLARGEMENT TO TIME,
FOR ANSWERING INTERROGATORIES (CASE's Set of 11/15/85)
The Applicants move, pursuant to 10 C.F.R.
S 2.711, that the time within which they are required to respond to the interrogatories served upon them by CASE on 11/15/85 be enlarged by seven (7) days, from December 2, 1985 M December 9, 1985.
In support of this motion, the Applicants say as follows:
1.
The interrogatories in question were served by
~
hand or express mail following the close of business on Friday, November 15, 1985, and were in fact received by the undersigned counsel on Saturday, November 16, 1985.
8512O30574 953,g6
[DR ADoca 05000443 PDR
2.
The additional time requested is required in order to permit counsel to meet with those of the Applicants' personnel who have knowledge of the matters inquired into, to determine what the relevant facts are, to determine what the responses should be, to draft responses and have them typed, and to obtain the required signatures.
Because of the necessity of attending certain Staff meetings in Bethesda, Maryland, on November 19 and 20, and because of the intervening holidays (November 28 and 29), counsel has not been able to schedule the required sessions until December 3, 1985 (and the following day, if required).
3.
There are no proceedings or other matters scheheduled in these matters that would be affected by the minimal enlargement requested.
4.
Applicants have requested the assent of counsel for CASE to the requested enlargement and counsel for CASE 4
, l
1 l
has declined to assent.1 y-rts-y, B
i
>m Thomas G.
giTan, Jr.W R. K. Gad II Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Telephone: (617) 423-6100 Dated: November 26, 1985 2 CASE's representative in Docket 2 (Ms. Garde) was called by counsel for the Applicants on Monday, November 25, 1985, but responded that she would have to consult with CASE's legal counsel in Docket 2 before responding.
The response that was received on Tuesday, November 26, 1985, was that CASE would assent to an extra seven days if that time were " required to assemble materials to be produced" but would not assent to any additional time for responding with objections.
Not having had the requisite opportunity to learn the facts, counsel for the Applicants was not willing to predict whether responses would be answers or objections (either in whole or in part).
Under these circumstances, CASE's lay representative in Docket 2 declined to assent to the requested enlargement.
We respectfully suggest that two things should be observed.
First, CASE's response would require that the Applicanto advance every possible objection to the questions before determining either (i) the existence of a factual basis for those objections based upon facts, or (ii) whether under the circumstances interposition of an otherwise available objection was the desired tactical call.
As we believe we have expressed earlier (during the pre-hearing conference on November 12, 1985), this is not the approach to responding to discovery that we believe either appropriate or conducive to orderly litigation.
Second, we feel obliged to remind CASE and advise the Board that the undersigned counsel have yet to refuse CASE any requested enlargement (and there have been either two or three requests since September, 1985). -
CERTIFICATE OF SERVICE I, R.
K. Gad III, one of the attorneys for the Applicants herein, hereby certify that on November 26, 1985, I made service of the within document by mailing copies thereof, postage prepaid, to:
Jyt Peter B. Bloch, Esquire yg Herbert Grossman Chairman Alternate Chairman Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C.
20555 Dr. Walter H. Jordan Mr. William L.
Clements I
Administrative Judge Docketing & Services Branch 881 W. Outer Drive U.S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 Washington, D.C.
20555 Chairman Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Stuart A. Treby, Esquire Mrs. Juanita Ellis N
Office of the Executive President, CASE Legal Director 1426 S. Polk Street U.S. Nuclear Regulatory Dallas, Texas 75224 Commission 7735 Old Georgetown Road Room 10117 Bethesda, Maryland 20814 N N 4t32 4 0 EyM 1
Renea Hicks, Esquire Ellen Ginsberg, Esquire Assistant Attorney General Atomic Safety and Licensing Environmental Protection Division Board Panel P.O. Box 12548, Capitol Station U.S. Nuclear Regulatory Commission Austin, Texas 78711 Washington, D.C.
20555 ag Anthony Roisman, Esquire Joseph Gallo, Esquire Executive Director Isham, Lincoln & Beale Trial Lawyers for Public Justice 1120 Connecticut Avenue, N.W.
2000 P Street, N.W.,
Suite 611 Suite 840 Washington, D.C.
20036 Washington, D.C.
20036 Dr. Kenneth A. McCollom Mr. Lanny A.
Sinkin Uk Administrative Judge 3022 Porter Street, N.W.,
- 304 Dean, Division of Engineering, Washington, D.C.
20008 Architecture and Technology Oklahoma State University Stillwater, Oklahoma 74078 Ms. Billie Pirner Garde Mr. Robert D. Martin
~
Citizens Clinic Director Regional Administrator, Government Accountability Project Region IV 1901 Que Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20009 Suite 1000 611 Ryan Plaza Drive Arlington, Texas 76011 Elizabeth B.
Johnson Geary S. Mizuno, Esquire Administrative Judge Office of the Executive Oak Ridge National Laboratory Legal Director P.O.
Box X, Building 3500 U.S.
Nuclear Regulatory Com:.iission Oak Ridge, Tennessee 37830 Maryland National Bank Bldg.
Room 10105 7735 Old Georgetown Road Bethesda, Maryland 20814 Nancy Williams Mr. James E. Cummins Cygna Energy Services, Inc.
Resident Inspector 101 California Street Comanche Peak S.E.S.
Suite 1000 c/o U.S.
Nuclear Regulatory San Francisco, California 94111 Commission P.O.
Box 38 Glen Texas 76043 n
f.l
/
t R.
K. Gad III
.