ML20204G339
| ML20204G339 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 04/27/1983 |
| From: | Newman J JOINT APPLICANTS - SOUTH TEXAS PROJECT, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8305020434 | |
| Download: ML20204G339 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER
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Docket Nos. 50-498 OL COMPANY, -
)
)
(South Texas Project, Units
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1 and 2)
)
APPLICANTS' MOTION TO COMPEL ANSWERS TO ITS SEVENTH SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO CCANP Applicants hereby move the Atomic Safety and Licensing Board (Board), pursuant to 10 CFR S 2.740(f), for an order compelling Citizens Concerned About Nuclear Power (CCANP) to respond to Appli-cants' Seventh Set of Interrogatories and Requests for Production of Documents to CCANP, dated March 28, 1983.
Although CCANP's answers were due on April 18, 1983, no response has been served.
Furthermore, it is apparent that CCANP has no intention of submit-ting answers in the near future. /
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Applicants have recently received CCANP's " Motion For De-ferral of Rulings And Extension Of Deadlines," dated April 20, 1983.
In that motion, CCANP indicates that it has not as yet prepared a response to Applicants' Seventh Set of Interrogatories, and requests that the Board defer ruling on Applicants' (anticipated) Motion To Compel and extend the time for answering Applicants' interrogatories.
Appli-cants will, of course, respond separately to CCANP's April 20 motion.
8305020434 830427 l
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, Applicants' Seventh Set of Interrogatories is intended to elicit the bases for CCANP's contention that South Texas Project (STP) structures are inadequately designed to withstand hurricane wind loadings and hurricane-generated missiles (Contention 4).
Those interrogatories identify various provisions in the STP FSAR relevant to the hurricane contention, and request CCANP to, inter alia, indicate whether it disagrees with the statements contained there-in, and to identify the bases for its disagreement, the studies or documents upon which it relies, and the experts it intends to call as witnesses on Contention 4.
In propounding these interrogatories, Applicants have pro-perly sought to obtain information regarding the bases for CCANP's contention.
LBP-80-ll, 11 NRC '477, 482 (1980); Pennsylvania Power and Light Co. (Susquehanna Steam Electric Station, Units 1 and 2), LBP-79-81, 10 NRC 597, 599-600 (1979).
A party "may not make serious allegations against another party and then refuse to reveal whether those allegations have any basis."
Pennsylvania Power and Light Co. (Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613, 12 NRC 317, 339 (1980).
If CCANP is "[u]nfamil-iar with the technical details" of its contention, and has no basis for disagreeing with the statements set forth in the quoted FSAR sections, it must so inform Applicants.
CCANP Motion for Deferral of Rulings and Extension of Deadlines at 2.
Applicants' inquiries do not require extensive analyses or review.
Thus, re-b
sponding to Applicants' interrogatories entails no undue burden, and no such burden has been alleged by CCANP.
For the reasons set forth above, Applicants move the Board to compel CCANP to provide immediately, complete and responsive answers to their Seventh Set of Interrogatories and Requests for Production of Documents.
Respectfully submitted, (A0 h W
Ja k R.
Newman M urice Axelrad lvin H. Gutterman Donald J. Silverman 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 Finis E. Cowan Thomas B.
Hudson, Jr.
3000 One Shell Plaza Houston, Texas 77002 Dated:
April 27, 1983 ATTORNEYS FOR HOUSTON LIGHTING &
POWER COMPANY, Project Manager of LOWENSTEIN, NEWMAN, REIS the South Texas Project acting
& AXELRAD, P.C.
herein on behalf of itself and the 1025 Connecticut Avenue, N.W.
Other Applicants, THE CITY OF SAN Washington, D.C.
20036 ANTONIO, TEXAS, acting by and through the City Public Service BAKER & BOTTS Board of the City of San Antonio, 3000 One Shell Plaza CENTRAL POWER AND LIGHT COMPANY, Houston, Texas 77002 and CITY OF AUSTIN, TEXAS L
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING AND POWER
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Docket Nos. 50-498 OL COMPANY, ET AL.
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50-499 OL
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(South Texas Project, Units 1 )
and 2)
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CERTIFICATE OF SERVICE I hereby certify that " Applicants' Motion To Compel Answers To Its Seventh Set of Interrogatories And Requests For Production Of Documents To CCANP" has been served on the following individuals and entities by deposit in the U.
S. Mail, first class, postage prepaid on this 27th day of March, 1983.
Charles Bechhoefer, Esq.
Brian Berwick, Esq.
Chairman, Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texas Board Panel Environmental Protection U.S. Nuclear Regulatory Commission Division Washington, D.C.
20555 P.O.
Box 12548, Capitol Station Austin, TX 78711 Dr. James C.
Lamb, III Administrative Judge William S. Jordan, III, Esq.
313 Woodhaven Road Harmon & Weiss Chapel Hill, NC 27514 1725 I Street, N.W.
Washington, D.C.
20006 Ernest E. Hill Administrative Judge Kim Eastman, Co-coordinator Lawrence Livermore Laboratory Barbara A. Miller University of California Pat Coy P.O. Box 808, L-46 Citizens Concerned About Livermore, CA 94550 Nuclear Power 5106 Casa Oro Mrs. Peggy Buchorn San Antonio, TX 78233 Executive Director Citizens for Equitable Lanny Sinkin Utilities, Inc.
2207-D Nueces Route 1, Box 1684 Austin, TX 78705 Brazoria, TX 77422 i
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. Robert G.
Perlis, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
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