ML20138B074
| ML20138B074 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 12/09/1985 |
| From: | Dignan T ROPES & GRAY |
| To: | |
| References | |
| CON-#485-448 OL, NUDOCS 8512120198 | |
| Download: ML20138B074 (6) | |
Text
,
-.. = -
f*)
~
December 9, 1985 COLFETED t!%RC UNITED STATES OF AMERICA
)) gg g4 NUCLEAR REGULATORY COMMISSION
.. n: a c T:.
before the b A IIN U M ERMtCM ATOMIC SAFETY AND LICENSING BOARD a
i 4
)
In the Matter of
)
)
TEXAS UTILITIES ELECTRIC
)-
Docket Nos. 50-445 Q C COMPANY, et al.
)
50-446
)
(Comanche Peak Steam
)
Electric Station,
)
i Units 1 and'2)
)
)
/ -
)
4 APPLICANTS' COMMENTS ON' BOARD'S MEMORANDUM (FAIR WARNING OF CITATIONS TO THE OTHER DOCKET) l 4
These> comments are being filed pursuant to the suggestion of the Board Chairman :rade during the telephone conference of December 6, 1985, dealing with CASE's objection to the Applicants' Motion for Extension of Time for Comments on Memorandum of November 6, 1985.
As the Board and parties _are aware and as set forth in 4
their Memorandum to the-Appeal Boated in Response to its i
~
Order of November 8, 1985, one concern of the Applicants with the_ memorandum of the Licensing Boards'(Fair Warning of i
8512120198 851209 PDR ADOCK 05000445 G
- 1503
Citations to Other Docket) is the lack of any definitive procedures.
Therefore, assuming that this matter is permitted to continue to be litigated in two dockets the Applicants state that, at a minimum, the following procedures must be adopted:
1.
CASE must be given a fixed date by which time it must designate by page and line from the transcript or by exhibit number the matters from one docket which it desires to have included in the other.
2.
Thereafter, on a fixed but reasonably timed date, the Applicants and staff should have the opportunity to object on grounds of relevance or otherwise to any of the designations so made.
3.
Thereafter, the Board should promptly rule on those objections.
4.
Thereafter, at a fixed but reasonably timed date, the Applicants and staff should have the opportunity to designate materials they wish to have included in the appropriate decket in light of the CASE designations and the Beard's rulings.
In addition, Applicants and staff should have the opportunity to state that they wish to adduce additional evidence in light of the evidence designated by CASE.
5.
Henceforth, all evidentiary filings shall be designated as being filed in one particular docket or in both dockets.
In the case of materials filed in both -
dockets the non-filing party should be given a reasonable time to object to the inclusion of the material in one of the dockets on grounds of relevance or otherwise.
These objections should be ruled upon prior to the time that rebuttal to that particular testimony is required to be filed.
6.
Once material is either designated to be filed in a single docket or is ruled upon by the Board to be relevant to only a single docket, such evidence may be utilized only in that docket and must be responded to or otherwise dealt with only in that docket.
By setting forth the foregoing, the Applicants do not wish to be viewed as endorsing the utilization of these or any other procedures or the continued litigation of this case in two separate dockets or otherwise to prejudice the positions it has taken, or will take, before the Appeal Board.
Respectfully submitted, Nicholas S.
Reynolds William A.
Horin BISHOP, LIBERMAN, COOK PURCELL & REYNOLDS 1200 Seventeenth Street, N.W.
Suite 700 Washington, DC 20036 (202) 857-9800 Robert A.
Wooldridge WORSHAM, FORSYTHE, SAMPELS &
WCCLDRIDGE 2001 Bryan Tower, Suite 3200 Dallas, TX 75201 (214) 979-3000.
Roy P.
Lessy, Jr.
MORGAN, LEWIS & BOCKIUS 1800 M Street, N.W.
Washington, DC 20036 (202) 872-5000 Thomas G.
Dignan, Jr.
R.
K.
Gad III ROPES & GRAY 225 Franklin Street Boston, MA 02110 (617) 423-6100 h
Thomas 'G.
DignmC Jr.
t 4
CERTIFICATE OF SERVICE ggg gg'
'JSNiiC I, Thomas G.
- Dignan, Jr., one of the attorneys for$khdEC 11 All *24 Applicants herein, hereby certify that on December 9, clS85,: I,made CCC-LTud i i G n service of the within document by mailing copies thereof,Pl stage pe 4
prepaid, to:
- Peter B.
Bloch, Esquire
- 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 i
Commission Washington, D.C.
20555 l
Washington,-D.C.
20555
- Dr. Walter H.
Jordan Mr. William L. Clements Administrative Judge Docketing & Services Branch 881 W.
Outer Drive U.S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 Washington, D.C.
20555 1
Chairman Chairman Atomic Safety and Licensing Atomic Safety and Licensing 3
Appeal Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Ccmmission Washington, D.C.
20555 Washington, D.C.
20555 l
- Stuart A.
Treby, Esquire
- Mrs. Juanita Ellis
}
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 F
. -- - A.- - -
d Renea Hicks, Esquire Ellen Ginsberg, Esquire 1
Assistant Attorney General Atomic Safety and Licensing i
Environmental Protection Division Board Panel
)
P.O.
Box 12548, Capitol Station U.S.
Nuclear Regulatory Commission Austin, Texas 78711 Washington, D.C.
20555 i
- 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 Administrative Judge 3022 Porter Street, N.W.,
- 304 i
Dean, Division of Engineering, Washington, D.C.
20008 i
Architecture and Technology Oklahoma State University i
Stillwater, Oklahoma 74078 1,
l oms. Billie Pirner Garde Mr. Robert D. Martin l
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 J
P.O.
Box X, Building 3500 U.S.
Nuclear Regulatory Commission l
Oak Ridge, Tennessee 37830 Maryland National Bank Bldg.
Room 10105 i
7735 Old Georgetown Road Bethesda, Maryland 20814 l
Nancy Williams Mr. James E. Cummins Cygna Energy Services, Inc.
Resident Inspector i
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 j
Glen Rose, Texas 76043
,. f m_ X '.
j A,/,/
A
~,,
2w-e--
Thomas G.
Dignanr Jr.
- Express Mail 1
..