ML20077H748

Motion for Leave to File Addl Pleadings on Discovery Motions Pending Before Aslab.Responses to Util Motions to Compel Raised Defenses for First Time.Related Correspondence

ML20077H748
Person / Time
Site:	Diablo Canyon
Issue date:	08/04/1983
From:	Norton B NORTON, BURKE, BERRY & FRENCH, PACIFIC GAS & ELECTRIC CO.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20077H749	List: ML20077H748 ML20077H757 ML20077H763
References
NUDOCS 8308110268
Download: ML20077H748 (2)

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81983 > ~T 1 UNITED STATES OF AMERICA ~

NUCLEAR REGULATORY COMMISSIO (~9 8 7

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4 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 5

6 In the Matter of )

) Docket Nos. 50-275 7 PACIFIC GAS AND ELECTRIC COMPANY ) 50-323

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8 Diablo Canyon Nuclear Power Plant ) (Reopened Hearing --

Units No. 1 and 2 ) Design Quality 9 ) Assurance) 10 11 MOTION OF LICENSEE PACIFIC GAS AND ELECTRIC COMPANY FOR LEAVE TO FILE ADDITIONAL PLEADINGS

. 12 13 Licensee, pursuant to 10 C.F.R. S 2.730 et seq.,

14 hereby moves this Board for leave to file additional pleadings 15 on discovery motions pending before this Board.

16 On June 10, 1983, Licensee filed interrogatories to be 17 answered by Governor Deukmejian and Joint Intervenors and a 18 Request for Production of Documents to Governor Deukmejian.

19 On July 12, 1983, Licensee filed motions to compel answers to 20 interrogatories and on July 27 and July 29, 1983, respectively, 21 responses to those Motions to Compel were filed. The response 22 raised " defenses" not heretofore stated by Joint Intervenors .

23 and, in the case of Governor Deukmejian, expanded by argument 24 the scope of the attorney work product privilege to heights 25 never imagined by Licensee when filing its Motions to Compel.

26 The Response of Governor Deukmejian to Licensee's Motion to i

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1 Compel Document Production was filed July 29, 1983 and, like the 2 response concerning interrogatories, presents most unusual 3 interpretations of the attorney work product privilege.

4 The arguments now being raised by Joint Intervenors 5 and Governor Deukmejian were not raised in their answers to 6 interrogatories nor in the Governor's Response to Request for 7 Production and were, therefore, not addressed in Licensee's 8 Motions to Compel. For the foregoing reasons, it is respectfully 9 requested of this Board that the Licensee be permitted to file 10 replies to the responses to Licensee's Motions to Compel.

11 Respectfully submitted, 12 ROBERT OHLBACH PHILIP A. CRANE, JR.

13 RICHARD F. LOCKE Pacific Gas and Electric Company 14 P. O. Box 7442 San Francisco, CA 94120 15 (415) 781-4211 16 ARTHUR C. GEHR Snell & Wilmer 17 3100 Valley Center Phoenix, AZ 85073 18 (602) 257-7288 19 BRUCE NORTON Norton, Burke, Berry & French, P.C.

20 P. O. Box 10569 Phoenix, AZ 85064 21 (602) 955-2446 22 Attorneys for

• Pacific Gas and Electric Company 23 24 25 By Bruce Norton 26 DATED: August 4, 1983

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