ML20148U034
| ML20148U034 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 02/23/1981 |
| From: | Doherty J AFFILIATION NOT ASSIGNED |
| To: | Cheatum E, Linenberger G, Wolfe S Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CP, NUDOCS 8103020419 | |
| Download: ML20148U034 (3) | |
Text
I February 23, 1981 Sheldon J. dolfe, Esq.
Dr. E. Lecnard CheattIm Administrative Judge U. S. Nuclear Regulatory Com:ission Administrative Judge Route 5,.. Sox 350 A.
Washington D. C. 20555 Watkinsville, Ge. 30677 Gustave A. Linenberger Administrative Judge U. S. Nuclear Re.Tulatory Comm.
Washington D. C. 20555 Re: Allens Creek Nuclear Generating Station (Docket No. 50-465-CP)
Gentlemen:
This Intervenor is in receipt of two items from Applicant,
. dated January 28, 1981, and February 10, 1981 titled,resnectively "Arplicant's 2esponse to 'Intervenor Doherty's Supplemental Rec,once to Apoli cant's Resoonse for Summary Discosition for His Contention 5'",and " Applicant's Reponse to Intervenor Doher-ty's Sup::lemental Responses' to 110tions for Summary Disposition".
j In these, Apolicant has attempted to introduce additional material with re.ard to the content of their motion for summary disposition.
In the January 28, '981 filing this occurs in a footnote ( #3) on Page 4, and in the February 10, 1981 filing this occurs on page 2 as a footnote.
The Federal Rules of Civil Procedure do not permit carties to en age in a " paper fight" follc. win 6 a motion for summary'. dis-position.
The motion for summary disposition may not be amended to counter responses even though the response mav not be pre-sented in a single document.
Nothin? provented Applicant-fro:
filing the material it has incluaed in its two responses in its original motion for summary diseosition.
Applicant certainly could have known Reed Report material might be used as it was recuested in 1979 by this Intervenor.
Therefore, this Intervenor res'ectfully points out the
- aterial in the filin,7s cited above should not be included with regard to the decision on uhether these two contentions are to be considered in the evidentiary hearings.
g Respectfully, 3
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John F. Doherty
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Ecuaton @x 770-CX Gre ory loceland, Esq.
kJ 3aker-~3tts AW 7000 One 3heD laza
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..i TBE MATTER OF: Houston Lightinr & Power Co.
Allens Creek Nuclear Generating Station, Unit 1 Docket lio. "0 'e66 CP
Dear Mr. Joceland,
I receiva! y,ur letter of Jecember 8, 1980 with res rd to your office address.
lxams have nrevent my raoly until now.
In your letrar, 701 stated a letter whose face ir xar xed below r,nuired from :!ovember 23,
")AO to Decenber 6,
'O'O to reach you,
.4 su rest an address such as above.
That's quite a remarkable amount of time considering Eaker-Botts retains two full floors o" that address, isn't it?
How, in senaral, I must ank you and your colleanue Mr. Biddle too, why no one was in char e to handle my request to see the Reed Renort items from December 15, 1980 to December 29, 1980, when I understand i'r. Biddle is expected to return.
Indeed too, 1 must inquire why it took until December 2, 1780 fer caker-Botts to fi hn a nreviously t??ed oratecti'/e order on the need keoort, when my agreement was mailed on uovember ?1, 1980 Mr. vopeland, i'm sur: I heard Mr. neuman correctly at tha last too nre-heariac conferences: Applicant wants to move swiftly.
I want to move swiftly on this mattor.
don't cet the feeling 1
cer-octts is makinc a strong effort to get this discovery com-leted from this performance.
will be calling Bakor-Botts on 1
t.e 29th, aincerely,
- 8. 05 87 c.c. All carties vohn F. uoherty h
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Baker-Sotts
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One Shell Plaza Houston, Texas 77002
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PE N N $ YLVANI A AVE. N W TELECCMMUNICATION WA1 *lNGTON. O C 20006 (7:31 229 1523 HOUSTON TELEPHON E (202) 4 57-5 500 (202)457 5531 WA S HI NGTON, 0. C.
.H-2412-701C-2 HOUSTON LIGHTING & POWER COMPANY (Allens Cree'k Licensing)
September 23, 1980 Mr. John F.
Doherty fig 4327 Alconbury Houston, Texas 77021 J' po
Dear Mr. Doherty:
In response to your request to make available certain sections of the " Reed Report," General Electric Company has indicated its willingness to provide verbatim extracts from the " Reed Report" to the extent they contain discussions relevant to the five items from the so-called i
list of 27 set out-in your letter of September 2, 1980.
l These verbatim extracts will be provided in the offices of Baker & Botts at the earliest opportunity.
An additional protective order and confidentiality agreement will be needed to cover this additional material.
I will forward drafts of each to you in the very near future.
If you have any questions about this procedure, please call immediately.
If I cannot be reached, please leave a message with my secretary.
Very truly yours, h4 h b*
W C.
Thomas Biddle, Jr.
Attorney for Houston Lighting &
j Power Company j
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cc:
Mr. Sheldon J. Wolfe go Dr.
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Leonard Cheatum
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Mr. Gustave A.
Linenberger I -f FEB 2 61981 P "y
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