ML20054F697

Application for Issuance of Subpoena Directed to Jr Mccain to Appear on 820622.McCain Can Testify on Contract Under Which Joint Applicants Hope to Provide Cooling Water for Plants.Proposed Subopena & Certificate of Svc Encl

ML20054F697
Person / Time
Site:	Palo Verde
Issue date:	06/15/1982
From:	Bernabei L HARMON & WEISS, HOURIHAN, P.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20054F681	List: ML20054F680 ML20054F689 ML20054F697
References
NUDOCS 8206170228
Download: ML20054F697 (5)

Text

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UNITED STATES OF AMERICA ~ . , .

NUCLEAR REGULATORY COMMISSION 1 .

BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) .

ARIZONA PUBLIC SERVICE ) ',l.. . . . _ _ .

COMPANY, ~ ~ - -ET AL. ) Docket Nos.' STtL50-528

) STN 50-529 (Palo Verde Nuclear Generating) STN 50-530 Station, Units 1, 2, and 3))

APPLICATION FOR ISSUANCE OF SUBPOENA Pursuant to Section 2.720 of the Commission's regulations, Intervenor Patricia Lee Hourihan applies to the Atomic Safety and Licensing Board for the issuance of a Civil Subpoena to:

John Robert McCain Staff Director Arizona Municipal Water Users Association 1010 East Jef ferson Phoenix, Arizona 85034 for the purpose of requiring the abovenamed individual to appear at the hearing scheduled to commence in this matter on June 22, 1982. A copy of the proposed Subpoena is attached.

Mr. McCain, as Staff Director for the Arizona Municipal Water Users Association (" Association"), can testify on Agreement 13904, the contract under which Joint Applicants hope to provide cooling water for the three Palo Verde plants, section 21 under which the cities can refuse to deliver water under the contract in times of critical need, 8206170228 820615 PDR ADDCK 05000528 O PDR a

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the present and anticipated future water needs of the cities,.

and the renegotiation of the Agreement. Mr. McCain would effectively subutituto for Mr. Stephens, who as attorney for the Association, prefers not to testify.

By Memorandum dated March 17, 1982, the Licensing BfarddeniedJointApplicants' Motion for Summary Disposition on the basis of a letter dated February 10, 1982, from Mr. Stephens, in which he informed the Board about re-negotiation of Agreement 13904. Subsequently, in a limited appearance before the Board, Mr. Stephens said he did not believe Joint Applicants have an assured supply of water for cooling purposes for Palo Verde.

The Board has consistently expressed interest in hearing testimony from Mr. Stephens about this Agreement.

Mr. McCain, Intervenor has been told, will be able to testify as to the Agreement and the status and substance of renegotation of that Agreement.

WHEREFORE Intervenor respectfully requests that the Chairman of the Licensing Board issue a Civil Subpoena in the form attached hereto directing Mr. McCain to appear and give testimony when called by Intervenor, at the hearing beginning June 22, 1982.

Respectfully submitted,

/ .- _Ik.,1 s< ( -t._

Lynne Bernabei Harmon & Weisc 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006 (202) 833-9070 DATED: June 15 , 1982 Attorney for Intervenor m

. . y UNITED STATES OF AMERICA ,,,

NUCLEAR REGULATORY COMMISSION Cd d.7)Jg pg 5 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD y L Q.e , t In the Matter of d$$Y

)

)

ARIZONA PUBLIC SERVICE )

COMPANY, ET AL. ) Docket Nos. STN 50-528

) STN 50-529 (Palo Verde Nuclear Generating) STN 50-530 Station, Units 1, 2, and 3))

SUBPOENA THE NUCLEAR REGULATORY COMMISSION AND ROBERT M. LAZO, CHAIRMAN, ATOMIC SAFETY AND LICENSING DOARD, TO: John Robert McCain, Staff Director, Arizona Municipal Water Users Association, Inc.,

1010 East Jefferson, Phoenix, Arizona 85034:

YOU ARE HEREBY COMMANDED to appear at the hearing to begin on June 22, 1982, at 9:30 a.m. at the Federal Building, 230 N. First Avenue, Phoenix, Arizona 85025, to testify in the abovecaptioned matter on behalf of Intervenor Patricia Lee Hourihan, and to attend the hearing until discharged.

You have been subpoenaed by Intervenor Patricia Lee Hourihan.

Pursuant to the Commission's regulations at 10 CFR S2.720(f),

on motion made by you promptly, and in any event before 9:30 a.m., June 22, 1982, and on notice to attorney for Intervenor, the Chairman of the Atomic Safety and Licensing Doard, or, if he is unavailable, the Commission may (1) quash or modify the Supcena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.

t l, _ _ -- _ _ , , ., . . - - --

e e,

m YOU ARE IIEREBY NOTIFIED THAT ANY . FAILURE TO OBEY TIIIS SUBPOENA MAY BE DEEMED A CONTEMPT AND APPROPRIATE SANCTIONS MAY BE ORDERED.

DATED TIIIS day of ,-1982.

ATOMIC SAFETY AND LICENSING BOARD BY Robert M. Lazo, Chairman l

-y3 + .y-y3 .,.r-. . , , , ,_ _ _ - , n,,S,,, , ,,_y.,, ., , __ ______,m _ _ , , , _ _ _ , ,, _._ _ c, . --_ ,-, ,

UNITED STATES OF AMERICA NUCLEAR RECULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ARIZONA PUBLIC SERVICE )

COMPANY, ET AL. ) Docket Nos. STN 50-528

) STN 50-529 (Palo Verde Nuclear Generating) STN 50-530 Station, Units 1, 2, and 3))

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Testimony of James J. Lemmon and Application for Subpoena and Subpoena for John Robert McCain hac been served upon the following personc by deposit in the United States mail, first class, postage prepaid, this 15th day of June, 1982:

DOCKETING AND SERVICE SECTION

• ROPERT M. LAZO, ESQ.

U.s. Nuclear Regulatory Commission Chai rman , Atc.nic Safety Washington, D.C. 20555 and Li. censing Board U.S. Nuclear Regulatory CHAIRMAN, MARICOPA COUNTY Com:rission Board of Supervisors Washington, D.C. 20555 111 South Third Avenus Phoenix, Arizona 85064

• DP. DIXON CALLAHAN Union Carbido Corporation

• DR. RICHARD F. COLE P.O. Box Y Atomic Safety and Licensing Board Oak Ridge, Tennensee 17830 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATOMIC SAFETY AND LICENSING BOARD PANF.L ATOMIC SAFETY AND' LICENSING U.S. Nuclear Regulatory APPEAL DOARD PANEL Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 LEE SCOTT DENEY, ESQ.

• CHARLES A. DISCHOFF Office of the Executive 3100 Valley Bank Center Legal Director Phoenix, Arizona 85073 U.S. Nuclear Rcgulatory Commission RAND L. GREENFIELD Washington, D.C. 20555 Assistant Attorney General P.O. Box Drat;er 1508 Santa Fe, New Me.vice P7504-150P

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Lynne Bernabei j

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• VIA FEDERAL EXPRESS ',

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