ML19339C332

Motion to Compel Intervenors Cumings,Griffith,Johnston & Lemmer Response to 801022 First Set of Interrogatories. Complies W/Aslb 801003 Order Requiring Info About Unresolved Discovery Matters by 801114.W/Certificate of Svc

ML19339C332
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	11/10/1980
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8011180147
Download: ML19339C332 (4)

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NC't* e 3 $Z y (*.'I UNITED STATES OF AMERICA F:2. -

NUCLEAR REGULATORY COMMISSION I 9 N b'. [N '/

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD di 4- ; V In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 .

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(Allens Creek Nuclear Generating S iT Station, Unit 1) S

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MOTION TO COMPEL ANSWERS TO INTERROGATORIES ~

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In its order of September 26, 1980, the BoaEd ad-U, #

mitted a contention regarding the health effects of low level releases of radioactivity. The contention was ad-mitted on behalf of intervenors Cumings, Griffith, Johnston, and Lemmer. The Board ordered those parties to designate a lead party within five days from receipt of the order. The Board also ruled that discovery would terminate on October 27, 1980.

Applicant waited several weeks for the lead party designation so that it could undertake meaningful discovery on this contention. The wait was in vain.

Applicant served its first set of interrogatories on these parties on October 22, 1980, through their counsel.

Mr. Doggett advised that he would attempt to obtain the answers to the interrogatories notwithstanding the fact that his clients had not designated a lead party on the contention.

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l The answers to Applicant's interrogatories were due today.

However, Mr. Doggett has advised the Applicant's counsel that his clients have not provided him with the answers to the interrogatories. Mr. Doggett indicated that he would continue to try to obtain those answers.

In light of the Board's order of October 3, 1980, requiring the parties to bring to the Board's attention all unresolved discovery matters by November 14, 1980, Applicant has no choice but to file this motion to compel in cruer to preserve its position and to fully advise the Board as to all open discovery matters on November 14, 1980.

For the foregoing reasons, Applicant requests the Board to issue an order compelling answers to its interroga-tories of October 22, 1980.

Respectfully submitted,

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OF COUNSEL: J//Grego&y QQpelind Q./ Thomd4 BEddle, Jr.

BAKER & BOTTS Darrell Hancock 3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W. David Raskin Washington, D. C. 20036 1025 Connecticut Ave., N.W.

Washington, D. C. 20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) -

S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Motion tc Cwmpel Answers to Interrogatories in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this /0 4 day of g h , 1980.

Sheldon J. Wolfe, Esq., Chairman Hon. Charles J. Dusek Atomic Safety and Licensing Mayor, City of Wallis Board Panel P. O. Box 312 U.S. Nuclear Regulatory Commission Wallis, Texas 77485 Washington, D. C. 20555 Hon. Leroy H. Grebe Dr. E. Leonard Cheatum County Judge, Austin County Route 3, Box 350A P. O. Box 99 Watkinsville, Georgia 30677 Bellville, Texas 77418 Mr. Gustave A. Linenberger Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission l Washington, D. C. 20555 Washington, D. C. 20555 Mr. Chase R. Stephens Atomic Safety and Licensing i Docketing and Service Section Appeal Board Office of the Secretary U.S. Nuclear Regulatory of the Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Susan Plettman Richard Black David Preister Staff Counsel Texas Attorney General's Office U.S. Nuclear Regulatory P. O. Box 12548, Capitol Station Commission Austin, Texas 78711 Washington, D. C. 20555 i

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Bryan L. Baker Brenda McCorkle 1118 Montrose 6140 Darnell Houston, Texas 77019 Houston, Texas 77074 J. Morgan Bishop W. Matthew Perrenod 11418 Oak Spring 4070 Merrick Houston, Texas 77043 Houston, Texas 77025 Stephen A. Doggett F. H. Potthoff P. O. Box 592 7200 Shady Villa, No. 110 Rosenberg, Texas 77471 Houston, Texas 77055 John F. Doherty Wayne E. Rentfro 4327 Alconbury P. O. Box 1335 Houston, Texas 77021 Rosenberg, Texas 77471 Carro Hinderstein William Schuessler 609 Fannin, Suite 521 5810 Darnell Houston, Texas 77002 Houston, Texas 77074 D. Marrack James M. Scott 420 Mulberry Lane 13935 Ivy Mount Bellaire, Texas 77401 Sugar Land, Texas 77478 M M/

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