ML20199K612

Motion for Clarification That Applicant Supplemental Responses to Interrogatories 1 & 3 Meet Current Obligations & Protective Order Suspending Obligation to Provide Addl Responses.W/Certificate of Svc.Related Correspondence

ML20199K612
Person / Time
Site:	Comanche Peak
Issue date:	07/03/1986
From:	Eggeling W ROPES & GRAY, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-904 CPA, NUDOCS 8607090200
Download: ML20199K612 (5)

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2 gbT UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION SfRC before the h JL -8 All:39 ATOMIC SAFETY AND LICENSING BOARD OFFICE OF SECRiTARY 00CHE71NG & SEPv!Cr~

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In the Matter of )

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TEXAS UTILITIES ELECTRIC ) Docket No. 50-445-CPA COMPANY, et al. )

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(Comanche Peak Steam )

Electric Station, Unit 1) )

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MOTION FOR CLARIFICATION (OR PROTECTIVE ORDER)

Pursuant to the Order of the Appeal Board dated July 2, 1986, as modified and clarified by its order of July 3, 1986, the Applicants are filing and serving simultaneously with this submission their Supplemental Responses to the Interrogateries (Nos. 1 and 3 of Set I) pursuant to the Licensing Board's Order of June 27, 1986.

Applicants' believe that this is the only discovery respense that was due of them on or before July 3. (It was ,

also the only discovery responses that the Applicants had anticipated filing or were preparing to file when the Appeal Board's 7/2 Order was received, and, irrespective of obligations, it was the only discovery responses that, given 8607090200 860703 PDR 0 ADOCK 05000445 pop T563

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the time allowed and the magnitude of what was requested, it would have been physically possible for the Applicants to have filed today.)- We have recently been given to understand, however, that this interpretation of the existing deadlines (which is derived from the time periods provided in the Commission's Rules of Practice and the specifics regarding the manner and time of service of the Intervenors' discovery requests and the nature of response requested by CASE) may be disputed by the other parties to the proceeding. We have been unable to reconcile such other interpretations with counsel for the Intervenors or with the Licensing Board Chairman.1 In the event that other parties continue to disagree with our position, we move that the Licensing Board clarify that Applicants' subaissions have met all their current obligations--subject, of course, to the ruling of the Commission on the certified question or to Intervenors' successful motion.to resume discovery at some point in the 1

The Applicants were able to reach Mr. Roisman late in the day on July 3, 1986. Mr. Roisman stated that CASE's position was that responses to all discovery that was served upon the Applicants by hand on or before June 19, 1986, was required to be responded to by July 3, 1986. Mr. Roisman further stated that it was his recollection that all four of the previously filed sets were in fact served in hand and on or before June 19th, but that he was not in a place where he could confirm that such was so. He confirmed that he would not include in the class of discovery requests required to be answered by July 3, any set not meeting the stated criteria.

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future (see Appeal Board Order of July 2, last sentence).

In an abundance of caution, we hereby further move that the Licensing Board issue a protective order suspending any obligation to provide additional discovery responses at least until such time as we have been afforded an opportunity to demonstrate to the Board the basis for our calculations of the appropriate due dates and the burden that would be imposed by any schedule other than that which we have derived therefrom. We submit that we will be able to demonstrate that interpreting past events to impose any additional discovery obligations upon the Appliants at this juncture would be contrary to the principals of conservation of resources recognized and underscored by the Appeal Board's Orders.

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William S. Eggeling Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100

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O CERTIFICATE OF SERVICE I, William S. Eggeling, one of the attorneys for the Applicants herein, hereby certify that on July 3, 1986, I made service of the within " Motion for Clarification (or Protective Orded" by mailing copies thereof, postage prepaid, to:

Peter B. Bloch, Esquire Mr. James E. Cummins Chairman Resident Inspector Administrative Judge Comanche Peak S.E.S.

Atomic Safety and Licensing c/o U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory P.O. Box 38 Commission Glen Rose, Texas 76043 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 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 Office of the Executive President, CASE Legal Director 1426 S. Polk Street U.S. Nuclear Regulatory Dallas, Texas 75224 Commission Washington, D.C. 20555 l

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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

-)(- Anthony Roisman, Esquire Executive Director Joseph Gallo, Esquire 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 Christic Institute 1107 West Knapp 1324 North Capitol Street Stillwater, Oklahoma 74075 Washington, D.C. 20002 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 Commission Oak Ridge, Tennessee 37830 Washington, D.C. 20555 Nancy Williams Cygna Energy Services, Inc.

101 California Street Suite 1000 San Francisco, California 94111

. r William S. Eggling

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