ML19321B058

Response to Potthoff 800716 Motion for Extension of Discovery.Applicant Will Respond to Untimely Interrogatories & Other Discovery Requests by 800731.Certificate of Svc Encl

ML19321B058
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	07/21/1980
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
ALAB-590, NUDOCS 8007250424
Download: ML19321B058 (4)

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• UNITED STATES OF AMERICA USNSO NUCLEAR REGULATORY COMMISSION Jit c 4 ;g,g3 1 [

BEFORE THE ATOMIC SAFETY AND LICENSING BOAR a hay

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

(Allens Creek Nuclear Generating S Station, Unit 1) S APPLICANT'S RESPONSE TO POTTHOFF MOTION FOR EXTENSION OF DISCOVERY On July 16, 1980, counsel for Applicant received a document entitled " Motion for Extension of Discovery for Intervenor Potthoff." Without arguing the merits of whether Mr. Potthoff was properly put on notice as to the termina-tion of discovery in this proceeding the real issue here is what Mr. Potthoff has done to carry out his responsibility as an intervenor. Mr. Potthoff was obviously aware of the Appeal Board's decision in ALAB-590 so he has known since April 22, 1980 that he was to be admitted as a party in this proceeding. Mr. Potthoft does not explain why he waited until July 6 to begin trying to find out about his status in the proceeding. Following issuance of ALAB-590, Mr. Potthoff could have called the Board, counsel for the Staff, or counsel for the Applicant to determine what he should do with respect to proceeding on discovery. Rather than to

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take the initiative, Mr. Potthoff chose to do absolutely nothing. One must wonder what Mr. Potthoff would have done had Staff not called for a meeting on July 10 to discuss a hearing schedule.

Mr. Potthoff did make hand-delivery to Applicant of a set of interrogatories on July 10. Although the inter-rogatories were not properly served and were untimely,

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Applicant will respond to the interrogatories as though they were properly served on July 10.

Mr. Potthoff's motion is silent as to the length of time he would need for completion of discovery. In an effort to resolve this matter expeditiously, Applicant will agree to respond to any discovery requests submitted by Mr.

Potthoff by July 31. In Applicant's view, this is more than adequate time for Mr. Potthoff to complete discovery on this one issue.

Respectfully submitted, difdP OF COUNSEL: Greg yffopeldnd

. Tho s Middle, Jr. ,

BAKER & BOTTS harles G. Thrash, Jr. 1

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3000 One Shell Plaza 3000 One Shell Plaza

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Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W. 1025 Connecticut Ave., N.W.

Washington, D. C. 20036 Washington, D. C. 20036 1

ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY

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UNITED STATES OF AMERICA f ffgetary NUCLEAR REGULATORY COMMISSION Q, Branch y)'

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD N In the Matter of S S

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

(Allons Creek Nuclear Generating S Station, Unit 1)' S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to Potthoff Motion for Extension of Discovery in the above-captioned proceeding were served on the following by deposit in the United States m 11 postage prepaid, or by hand-delivery this ,2/s/ day of &, ,

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 Commissiom U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Atomic Safety and Licensing Mr. Chase R. Stephens Appeal Board Docketing and Service Section U.S. Nuclear Regulatory Commissiom Office of the Secretary Washington, D. C. 20555 of the Commission U.S. Nuclear Regulatory Commission Steve Sohinki, Esq.

Washington, D. C. 20555 Staff Counsel U.S. Nuclear Regulatory Commissiom Richard Lowerre, Esq. Washington, D. C. 20555

• Assistant Attorney General for the State of Texas P. O. Box 12548 Capitol Station Austin, Texas 78.711 l i

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Mr. Bryan L. Baker D. Marrack l 1118 Montrose 420 Mulberry Lane Houston, Texas 77019 Bellaire, Texas 77401 J. Morgan Bishop Brenda McCorkle 11418 Oak Spring 6140 Darnell Houston, Texas 77043 Houston, Texas 77074 Stephen A. Doggett W. Matthew Perrenod P. O. Box 592 4070 Merrick Rosenberg, Texas 77471 Houston, Texas 77025 John F. Doherty F. H. Potthoff 4327 Alconbury 7200 Shady Villa, No. 110 Houston, Texas 77021 Houston, Texas 77055 Robert S. Framson Wayne E. Rentfro Madeline Bass Framson P. O. Box 1335 4822 Waynesboro Rosenberg, Texas 77471 Houston, Texas 77035 James M. Scott Carro Hinderstein 13935 Ivy Mount 609 Fannin, Suite 521 Sugar Land, Texas 77478 Houston, Texas 77002 C

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