ML19257D579

Motion to Compel Applicants to Bear Expenses of Copying Const Records Pursuant to Discovery by Intervenors.Draft Order Encl

ML19257D579
Person / Time
Site:	South Texas
Issue date:	01/16/1980
From:	Sinkin L Citizens Concerned About Nuclear Power, INC., CITIZENS FOR EQUITABLE UTILITIES
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19257D574	List: ML19257D573 ML19257D579 ML19257D580
References
NUDOCS 8002050034
Download: ML19257D579 (3)

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3

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BEFORE THE ATOMIC SAFETY AND LICENSINGBOARD$ Q k In the Matter of

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HOUSTON LIGHTING AND POWER 4 Docket Nos. 50-498 COMPANY, ET. AL. j 50-499 (South Texas Project ll '

Units 1 and 2) d-a4 MOTION TO COMPEL APPLICANTS TO BEAR EXPENSES ;t CF COPYING PURSUANT TO O!SCOVERY BY INTERVENORS lj.

$ 1 On January 12, 1980, pursuant to a negotiated agreement s involving a conference call among Chairman Bechhoeffer; NRC L staff; Citizens Concerned About Nuclear Power, Inc; and Appli- i cants. Intervenors went to the site of the South Texas Nuclear

, s Project to inspect and copy construction records maintained in (

the vault at the construction site. ,,

J During the examination and copying of documents at the n site Applicants represented to Intervenors that Intervenors J must agree to pay all costs of copying or no further copying would be done. [r ,

Intervenors agreed that Citizens Concerned About Nuclear j Power, Inc. would guarantee to pay all costs of copying subject g to a subsequent motion by Intervenors to the Atomic Safety and Licensing Board in this proceeding requesting said Board to -

compel Applicants to bear the cost of copying pursuant to ,

discovery by Intervenors. Further, Intervenors stated and Appli- '

cants agreed that should this Honorable Board so order. Appil-  !

cants would reimburse Intervenors for any copying expenses i

) incurred pursuant to discovery by Intervenors in this proceeding. .t This motion is submitted to seek an Order of this Honorable h Board compelling Applicants to bear the cost of copying incurred T i.

in response to discovery by Intervenors.

Intervenors consider this discovery process to be essen-

• tially parallel to a discovery procedure during normal judicial }

proceedings. In such proceedings, the party whose records are a subpoenaed, requested by interrogatory, or called for in a 1 notice of deposition bears the cost of reproducing such docu- 4 ments. Intervenors, therefore, believe the cost of reproduction i of documents sought through interrogatory in the above noted J

, docket numbers are a cost to be paid by the party responding to the interrogatories. Intervenors acted accordingly in responding to Applicant's interroga'ories.  ;

To permit a more etficient discovery process, Intervenors  ;

agreed to inspect and copy documents requested through inter- '

rogatories at the construction site. Travel to the site and aCComedations during the site visit are at Intervenor expense.

To further burden Intervenors with copying costs for the docu-ments sought is unwarranted by judicial precedent or current

. circumstances. l

Additionally, had Intervenors not offered to inspect and  !

! copy documents rather than requiring production of documents in '

answer to interrogatories, Applicants presumably would have {

responded by sending copies of the requested documents to '

Intervenors and the entire service list, a substantial expense, the latter part of which - the service list - would certainly not have been at Intervenor expense. Intervenor willingness to  ;

expedite the process of discovery by agreeing to examine and l select documents for copying at the site, therefore, provided substantial savings to the Applicants.

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! Wherefore. Intervenors respectfully move this Honorable 3

Board to issue an Order in the form attached compelling Applicants jN" k to bear ,the cost of copying documents requested by Intervensrs -

l through discovery and to reimburse Intervenors for any expenses incurred to dite directly related to the copying of documents I

sought by Intervenors through discovery.

P Respectfully submitted. ,

18 LANNY ALAN SINKIN k Intervenor

. 116 Villita San Antonio. Texas 78205

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(512) 226-2959 R

Dated: January 16, 1980 l si I

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fmmo wx UNITED STATES OF AMERICA p p 21198Q > 3 NUCLEAR REGULATORY COMMISSION ,3 g

' U BEFORE THE ATOMIC SAFETY AND LICENSING BOARD D N). c

'y In the Matter of $

l HOUSTON LIGHTING AND POWER 4 Docket Nos. 50-498 COMPANY, ET. AL. 50-499 '

J (South Texas Project J Units 1 and 2) @

8, ORDER $

On January 16, 1980, Intervenors filed a Motion to Compel Applicants to Bear Expenses of Copying Pursuant to Intervenor h; Discovery.

Intervenors Motion to Compel Applicants to Bear Expenses .

of Copying Pursuant to Intervenor Discovery is granted and it [

is hereby ORDERED that within ten (10) days Applicants reimburse Intervenors for any expenses for copying pursuant to discovery by Intervenors incurred by Intervenors and that all further expenses for copying pursuant to Intervenor discovery be paid y

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For the Atomic Safety and Licensing Board d U

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'l Charles Bechhoefer, Esq.

Chairman Dated at Bethesda, Maryland this day of January, 1980 l l

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