ML20009B562

Response to Util Answer to Acorn Motion for Voluntary Dismissal & Motion to Cancel Prehearing Conference Scheduled for 810708-09.Certificate of Svc Encl

ML20009B562
Person / Time
Site:	Comanche Peak
Issue date:	07/04/1981
From:	Hart J CITIZENS FOR FAIR UTILITY REGULATION, HART, J.L.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8107160296
Download: ML20009B562 (3)

Text

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g UNITED STATES OF AMERICA .g 'N wCmR REw1AT RY nMISSION 14 3u1.151983 g 7 7,j ma.#g ~ f BEFORE TE ATOMIC SAFETY AND LICENSING BOARD l I .l[j[ } 3 jgg , -

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ITIES GEERATING COMPANY, ET. AL. l Docket Nos. 50 445 50 446 y e (Comanche Peak Stean Electric y (Applicatien for Operating Station, Units 1 & 2) License )

CFUR's RESPONSE TO TE APPLICANT's (1)

ANSWER TO ACORN's MOTION FOR VOLUNTARY -

DISMISSAL, AND (2) MOTION TO CANCEL PREEARING CONFERTNCE Pursuant to 10CFRl2.730(c), CFUR files this Resoonse to the Applicant's (1) Answer to ACORN's Motion for Voluntary Disnissal, and (2) Motion to Cancel Prehearing Conference.

CFUR was notified on June 26, 1981, that the Prehearing Conference scheduled for July 8 and 9 would be cancelled and that the Board would rule on all pending motions. Since no hearing will be held, it is inportant that the positions of the parties be understood from the written motions on file.

CFUR's specific consern is that its position has often been misrepresented by the Applicants. Most recently on page h of Applicants' (1) Answer to

- ACORN's Motion for Voluntary Dismissal, and (2) Motion to Cancel Prehearing Conference, the Applicants state that the basic disagreement between CFUR and- the Applies.%s is the interpretation of the clauses "the subject matter involved in the proceeding" and "those matters in controversy" contained in 10CFRl2.740(b)(1). This statement is a mischaracterisation of CFUR's essential position with regord to the discovery soug'ht fron the Applicants.

C7R's positions are best round in its four notions to compel answers to its first four sets of interrogatories to Applicants. Those motions contain nany arguments addressed to specific refusuals of the Applicants to answer interrogatories. CFUR respectfully urges the Board to derive

, CFUR's arguments from its motions and not from general interpretations by the Applicants.

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As shown in CFUR's notions to compel ans.wers to interrogatories, the Applicants have restrictively construed CFUR's Contentions and refused to answer interrogatories unjustifiably. Such restrictive actions by the Applicants not only ignore the plain wording of CFUR's Contentions but are in violation of the discovery policies of insuring fair disclosure of all relevant facts (Boston Edison Conoany,(Pilgrim Nuclear Generating Station, Unit 2), LBP-75-30, 1 NRC 579, 582(1975)): refining the issues to allow proper ureparation for hearing (Pacific Gas and Electric Company (Stanislaus Nuclear Project, Unit 1),

ISP-78-20, 7 NRC 1038,1040(1978)); and requiring contentions only to give general notice of tha issues raised. (Pennsylvania Power % Light Company et. al.

(Susquehanna Steam 21ectric Statim, Units 1 and 2), AIAB-613. NRC ,

(September 23,1980), slip op, at 30). See CFUR's Motion to Compel Responsive Answers to C UR Interrogatories to Applicant, pp. 2 3.

Respectfully submitted, 5 '

W Fffery L. Hart, Esq.v

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.' a CERTIFICATE OF SERVICE I hereby certify that copies of "CFUR's RESPONSE TO THE APPLICANT's (1)

ANSWER TO ACORN's MOTION FOR VOLUNTARY DISMISSAL, AND (2) MOTION TO CANCEL PREHEARING CONFERENCE" have been served on the following by deposit in the United States mail, first class, this 4th day of July,1981.

Adninistrative Judge Marshall F. Miller Mrs. Juanita Ellis U.S. Nuclear Regulatory Commission President, CASE Atomic Safety and licensing Board Panel 1426 South Polk Street Washington, D. C. 20555 Dallas, TX 75224 Dr. Forrest J. Remick, Member Mr. Dwight'H. Moore. Esq.

Atomic Safety and licensing Board West Texas Iegal Services 305 E. Hanilton Avenue 100 Main Street (Lawyers Bldg.)

State College, PA 16801 Fort Worth, TX 76102 Dr. Richard Cole, Member David J. Preister, Esq.

Atomic Safety and Licensing Board Assistant Attorney General U. S. Nuclear Regulatory Commission Environmental Protection Division Washington, D. C. 20555 P. O. Box 12548, Capitol Station Austin, TX 78711 Marjorie Ulman Rothschild, Esq.

Office of Executive Legal Director Jeffrey L. Hart, Esq.

U. S. Nuclear Regulatory Comission 4021 Prescott Avenue Washing'on, t D.C. 20555 Dallas, TX 75219 Nicholas S. Reynolds Esq. Arch C. McColl III, Esq.

Debevoise & Libeman 701 Comerce Street 1200 17th Street, N.W. Suite 302 -

Washington, D.C. 20036 IA11as, TX 75202 Docketing and Service Section Atomic Safety and Licensing Board Panel Office of the Secretary U. S. Nuclear Regulatory Comission U.S. Nuclear Regulaton Comission Washington, D. C. 20555 Washington, D. C. 20555 Atonic S- 'ty and Licensing Appeal Panel U.S. Nuclear Regulatory Comission Washington, D.C. 20555 i ,

,, %C SU(j Richard L. Fouke 7 08/ , Z CFUR 9

Ag. 1668B Carter Drive 0//i (b3

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.3 4 Arlington, TX 76010 0 s"$b ,7((7 e N cp

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