ML20198T216

Memorandum Ordering Adoption of Encl Discovery Schedule. Applicant Shall Respond to Intervenor First Round Discovery by 860616.Served on 860609

ML20198T216
Person / Time
Site:	Comanche Peak
Issue date:	06/06/1986
From:	Bloch P Atomic Safety and Licensing Board Panel
To:	Citizens Association for Sound Energy, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
CON-#286-508 86-528-02-CPA, 86-528-2-CPA, CPA, NUDOCS 8606110373
Download: ML20198T216 (3)

Text

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i UNITED STATES OF AMERICA . 9D WUg g)g

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Before Administrative Judges: \ .. . 5.[3 7 4 $ l Peter B. Bloch, Chairman '

" b I Dr. Kenneth A. McCollom Dr. Walter H. Jordan SERVED JUN 7 B86

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In the Matter of ) Docket No. 50-445-CPA

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TEXAS UTILITIES ELECTRIC COMPANY, et al.)

(Comanche Peak Steam Electric Station,

--) ASLBP No. 86-528-02-CPA

)

Unit 1) )*

) June 6, 1986 MEMORANDUM (Adoption of Discovery Schedule)

After consideration of "Intervenors' Proposed Discovery Plan", May 15, 1986, " Applicants' Response to Intervenors' Proposed Discovery Plan," May 27, 1986, and NRC Staff Response to Intervenors' Proposed Discovery Plan, June 4, 1986, we have decided to adopt a schedule approximately equal to 80 percent of the time deadlines suggested by Staff. The schedule is set forth in Attachment A.

We have decided to set the time deadlines as we have in considera-tion of the fact that Applicants operated their plant for months without a license and are now operating their plant with a construction permit granted without a hearing. Unless expedition occurs in this case, the case may become moot. Consequently, parties may expect deadlines to be rigorously imposed, particularly against Applicants. Staff will be expected to comply with these deadlines as well.

All filings are to be delivered by the due date.

gj6110373860606 G ADOCK 05000445 PDR S0b

t Discovery Schedule: 2 We are not persuaded by Applicants' and Staff's suggestion that discovery be stayed pending the results of their appeal. Applicants shall respond to intervenors' first round discovery by June 16, 1986.

Since they have not requested a stay from us, only a stay granted by the Appeal Board would attenuate that obligation.

We would be receptive to motions to the proposed schedule provided that they are intended to reduce the length of the proceeding or that they are addressed to factors that the Board may not have considered in setting the schedule.

0RDER For all the foregoing reasons and based on consideration of the entire record in this matter, it is this 6th day of June 1986:

ORDERED:

The Schedule set forth in Attachttent A is adopted, with all filings to be received by close of business on the due date.

Applicants shall deliver to the parties and Board their response to intervenors' outstanding discovery request by clcse of business June 16, 1986.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Peter B. Bloch, Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland

l Discovery Schedule: 3 ATTACHMENT A Day Event June 6 Phase 1 Discovery commences (Applicants deliver answer to previously filed interrogatories by June 16)

June 19 Last date for Phase I discovery July 3 Phase I discovery closes July 7 Phase II Discovery commences August 14 Phase II Discovery closes August 15 Phase III Discovery commences (if necessary)

September 2 Phase III Discovery closes September 9 Request for Admissions / Proposed Stipulations / Proposed Summary Disposition Issue Lists are filed, if no Phase III Discovery September 25 Responses to Admission / Proposed Stipulation Received, if no Phase III Discovery November 10 Summary Disposition Motions, if no Phase III Discovery Cacember 5 Answers to Sumary Disposition Motions, if no Phase III Discovery December 17 Prehearing Conference if no Phase III Discovery Contingent Schedule if Phase III Discovery is Filed September 26 Request for Admissions, etc.

November 3 Responses to Admissions, etc.

December 20 Summary Disposition Motions January 6, 1987 Prehearing Conference NOTE: The Board accepts the definition of phases proposed by interve-nors.