ML20150E082

Applicant Psok'S Reply in Opposition to Intervenor Citizens Action for Safe Energy'S Motion;Latter Motion Opposes Ge'S Motion to Quash Subpoena.Psok Asserts Intervenors Do Not Justify Request on Legal Basis.Cert of Svc Encl

ML20150E082
Person / Time
Site:	Black Fox
Issue date:	11/16/1978
From:	Gallo J ISHAM, LINCOLN & BEALE
To:
References
NUDOCS 7812110107
Download: ML20150E082 (5)

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, 11/16/78 l[ NTIC NTRLic nnrITMENT It00M Ig 20337B P -

?A g/ UNITED STATES OF AMERICA e yyp,p$' NUCLEAR REGULATORY COMMISSION I BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of the Application of )

Public Service Company of Oklahoma, ) J Associated Electric Cooperative, Inc.) Docket Nos. STN 50-556 i and ) STN 50-557 l Western Farmers Electric Cooperative ) -

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(Black Fox Station, Units 1 and 2) )

APPLICANTS' REPLY IN OPPOSITION TO INTERVENORS' MOTIOF On November 13, 1978, Intervenors filed a pleading styled "Intervenors' Motion To Reply To Applicant's [ sic} Brief In Support of General Electric's Motion To Quash Subpoena" in this proceeding. Applicants oppose the Mot. ion.

The brief to which Intervenors seek to reply was filed by Applicants in response to a Motion To Quash filed by the General Electric Company ("GE") on October 30, 1978. The Intervenors and the NRC Staff also filed replies to the GE motion. The Commission's Rules of Practice do not provide for replies to reply pleadings. See 10 CFR S 2.730. Nevertheless, it is within the Linensing Board's discretion to deny or grant the Motion. It should be denied because Intervenors fail to justify their extraordinary reauest. Shorn of its rhetoric, the Motion merely indicates a disagreement with Applicants' view of the law and the application of the law to the facts of this case. Since counsel for the Applicants and the Intervenors represent diametrically opposing viewpoints, it 7812110101 fv

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is not surprising that counsel differ as to the applicable law and its interpretation. Indeed, Intervenors' reply brief to the GE Motion to Quash contains interpretations of law and fact which we strongly dispute. A further opportunity to reply would enable Applicants to identify these matters for the Licensing Board. However, briefing must come to end some time or else decisions would never be rendered. In this case the parties tacitly understood that no one would get the last word when it was agreed during a bench conference and later ordered by the Licensing Board that replies to the GE Motion to Quash would be filed simultaneously. In any event, the applicable cases have been briefed by all parties, and additionally, oral argument will be held on December 13. No further briefing opportunity for the benefit of Intervenors is deserved or necessary.

One final matter warrants comment. Intervenors' Motion states on the first page:

"Intervenors believe that Applicants are attemptinc 'o mislead this Board by citing sor4 -ses out of context, misconstruinq law in other cases, and simolv put Ang forth theories as facts."

Applicants take strong exception to this allegation. The unsupported assertion that counsel is attempting to mislead the Licensing Boaro is untrue, and exceeds the bounds of proper advocacy. This irresponsible and unprofessional state-l 1

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ment should not be permitted to go unnoticed. The Licensing Board should admonish the law firm of Green, Feldman, Hall &

Woodard generally and Mr. Maury Efros in particular, against j any similar conduct in the future, and remind tnem that attorneys before the Nuclear Bar are expected to comport themselves in a manner consistent with subsection 2.713(b).

Respectfully submitted, wxb- ho JoppphGpllo One of the Attorneys for Apolicants Dated: November 16, 1978 ISHAM, LINCOLN & BEALE 1050 Seventeenth Strea+ N.W.

Suite 701 Washington, D. C. 'c V13 !

(202) 833-9730

l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,

In the Matter of the Application of )

Public Service Company of Oklahoma, )

Associated Electric Cooperative, Inc.) Docket Nos. STN 50-556 and ) STN 50-557 Western Farmers Electric Cooperative )

)

(Black Fox Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing " Applicants' Reply In Opposition To Intervenors' Motion," has been served this 16th day of November, 1978 on Dr. Purdom, and Messrs.

Wolfe and Shon by messenger delivery at the addresses indicated below; and that said Motion has been served on the remaining individuals listed below by deposit in the United States mail, first class, this 16th day of November, 1978.

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Sheldon J. Wolfe, Esquire Thomas F. Englehardt, Esquire Atomic Safety and Licensing L. Dow Davis, Esquire Board Panel William D. Paton, Esquire U.S. Nuclear Regulatory Colleen Woodhead, Esquire Commission Counsel for NRC Staff Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Mr. Frederick J. Shon, Member Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Mrs. Ilene H. Younghein U.S. Nuclear Regulatory 3900 Cashion Place Commission Oklahoma City, Oklahoma 73112

, Washington, D.C. 20555 Atomic Safety and Licensing Dr. Paul W. Purdom Appeal Board Panel Director, Environmental U.S. Nuclear Regulatory Studies Group Commission -

Drexel University Washington, D.C. 20555 32nd and Chestnut Streets Philadelphia, Pennsylvania 19104 4

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I Atomic Safety and Licensing Mrs. Carrie Dickerson Board Panel Citizens Action for Safe U.S. Nuclear Regulatory Energy, Inc.

Commission P.O. Box 924 Washington, D.C. 20555 Claremore, Oklahoma 74107 Docketing and Service Section Mr. Maynard Human Office of the Secretary of General Manager the Commission Western Farmers Electric U.S. Nuclear Regulatory Cooperative Commission P.O. Box 429 Washington, D.C. 20555 Andarko, Oklahoma 73005 (20 copies)

Mr. M. J. Robinson Andrew T. Dalton, Esquire Black & Veatch 1437 South Main Street P.O. Box 8405 Room 302 Kansas City, Missouri 64114 Tulsa, Oklahoma 74119 Mr. Clyde Wisner Mr. Lawrence Burrell NRC Region 4 Route 1, Box 197 Public Affairs Officer Fairview, Oklahoma 73737 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Mr. Gerald F. Diddle General Manager George L. Edgar, Esquire Associated Electric Cooperative, Kevin P. Gallen, Esquire Inc. Morgan, Lewis & Bockius P.O. Box 754 Suite 700 Springfield, Missouri 65801 1800 M Street, N.W.

Washington, D.C. 20036 Mr. Vaughn L. Conrad Public Service Company of Joseph R. Farris, Esquire Oklahoma John R. Woodard, III, Esquire P.O. Box 201 Green, Feldman, Hall & Woodard Tulsa, Oklahoma 74102 816 Enterprise Building Tulsa, Oklahoma 74103 Mr. T. N. Ewing Acting Director Black Fox Station Nuclear Project Public Service Company of Oklahoma P.O. Box 201 Tulsa, Oklahoma 74102 wn/u psepp/Ga'116

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