ML20134E763

Response to Case 850805 Motion for Reconsideration of ASLB 850722 Memorandum & Order Re Mgt Analysis Co Rept. Certificate of Svc Encl

ML20134E763
Person / Time
Site:	Comanche Peak
Issue date:	08/19/1985
From:	Wooldridge R TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC), WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY
To:	Atomic Safety and Licensing Board Panel
References
CON-#385-260 OL, NUDOCS 8508200438
Download: ML20134E763 (6)

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DO UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD DOLMETED

'JS N.'t c In the Matter of  : Docket Nos. 50-445 C

50-446 5 AUG 19 P12:24 TEXAS UTILITIES ELECTRIC  :

COMPANY, et al.  : GFF:CE Or IEv.tl; .

00CXE71NG & SEpvj.

(Comanche Peak Steam Electric  : (Application for an BRANCH Station, Units 1 and 2)  : Operating License)

APPUCANTS' RESPONSE TO CASE'S MOTION FOR RECONSIDERATION OF BOARD'S 7/22/85 MEMORANDUM AND ORDER (MOTIONS RELATED TO THE MAC REPORT)

On July 22, 1985, this Board ruled on CASE's Motions related to the MAC Report. On August 5,1985, CASE filed its Motion for Reconsideration of the

. 1 Board's 7/22/85 Memorandum and Order (Motions Related to the MAC Report).

This pleading is in response to such Motion for Reconsideration.

l Applicants will not specifically address all of the many comments contained in CASE's Motion for Regensideration as many of them appear to have nothing to do with the requested rel i soug'.t in such Motion. This response will address only the requested relief. On August 12, 1985, Applicants filed their Responses to CASE's Interrogatories Re: The MAC Report and Issues Raised by the MAC Report.

This pleading, including twenty-seven affidavits, fully addresses the circumstances surrounding identification and production of the MAC Report and the failure to earlier produce same in discovery. Such Answers incorporate "anyone else interviewed by Mr. Wooldridge" and contain the sworn affidavit of B. R. Clements concerning his knowledge of circumstances surrounding the MAC Report. Thus, the Answers to Interrogatories as filed fully satisfy two of the four areas of inquiry covered by CASE's Motion for Reconsideration. Regarding the other two, Appl' cants have no reason to believe that Cygna had any knowledge of circum-0508200438 850819 PDR ADOCK 05000445 O PDR j IJ,W J

4 stances surrounding the MAC Report or its production in discovery as Cygna had nothing whatever to do with the Comanche Peak Project untillong after the MAC Report was prepared and Cygna certainly has never been involved in gathering Applicants' documents to satisfy CASE's discovery requests. To contact various Cygna personnel to determine the state of their knowledge or information about this subject would, in Applicants' view, be meaningless. Regarding CASE's request to inquire into the extent of knowledge of a long list of " engineering personnel,"

Applicants likewise believe that the Board appropriately determined in its Memo-randum and Order that such request was beyond the scope of reasonable discovery on this matter. In light of the substantial information heretofore furnished, with attached affidavits of all those persons involved in the discovery process, no l

justification exists to imposing an additional burden upon Applicants to contact and obtain affidavits from all such personnel who were not responsible for gathering of quality assurance related documents to respond to CASE's discovery.

l l Applicants respectfully submit that CASE's Motion for Reconsideration should be in all respects denied.

I

{ Respectfully submitted, Nicholas S. Reynolds William A. Horin BISHOP, LIBERMA 1. COOK, PURCELL & REMOLDS 1200 Seventeenth Lieet, N.W.

Suite 700 Washington, D.C. 20036 (202) 857 9800 Thomas G. Dignan, Jr.

R. K. Gad,111 ROPES & GRAY 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 Robert A. Wooldridge WORSHAM, FORSYTHE, SAMPELS

& WOOLDRIDGE 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 (214) 748-9365

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\

By /

Robert A. Wooldridgef Counsel for Applicants d

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 00LKETED USNRC In the Matter of  : Docket Nos. 50-445

50-446 '85 AUG 19 Pl?:24 TEXAS UTILITIES ELECTRIC  :

COMPANY, et al.  :

OFF C F H Cd~ -

00CKETihG 1 SE" (Comanche Peak Steam Electric i  : (Application for an BRANCH Station, Units 1 and 2)  : Operating License) l CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to CASE's Motion for Reconsideration of Board's 7/22/85 Memorandum and Order (Motions Related to the MAC Report)" in the above captioned matter were mailed in the U.S. mail, postage prepaid, upon the following persons on the 14th day of August,1985.

Mr. Peter B. Bloc' Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Kenneth A. McCollom Administrative Judge Dean, Division of Engineering, Architecture and Technology Oklahoma State University Stillwater, Oklahoma 74078 Elizabeth B. Johnson Administrative Judge Oak Ridge National Laboratory P. O. Box X, Building 3500 Oak Ridge, Tennessee 37830 Dr. Walter H. Jordan <

Administrative Judge 881 W. Outer Drive Oak Ridge, Tennessee 37830 Mrs. Juanita Ellis President i. CASE 1426 South Polk Street Dallas, Texas 75224 Renea Hicks, Esq.

Assistant Attorney General Environmental Protection Division P. O. Box 12548, Capitol Station Austin, Texas 78711

Nicholas S. Reynolds, Esq.

William A. Horin, Esq.

Bishop, Liberman, Cook, Purcell & Reynolds 1200 Seventeenth Street, N.W.

Suite 700

, Washington, D.C. 20036 Mr. Michael D. Spence, President Texas Utilities Generating Company Skyway Tower 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Mr. Thomas G. Dignan, Jr.

Mr. R. K. Gad,111 Ropes & Gray .

225 Franklin Street Boston, Massachusetts 02110 Robert D. Martin Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Lanny A. Sinkin 3022 Porter Street, N.W., #304 Washington, D.C. 20008 Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. William L. Clements Docketing & Service Branch 1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Stuart A. Treby, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Chairman Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ms. Ellen Ginsberg, Law Clerk U.S. Nuclear Regulatory Commission 4350 East / West Highway,4th Floor

Bethesda, Maryland 20814 P

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Geary S. Mizuno, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Maryland National Bank Bldg., Room 10105 7735 Old Georgetown Road Bethesda, Maryland 20814 Herbert Grossman, Alternate Chairman Administrative Judge Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Billie Pirner Garde Citizens Clinic Director Government Accountability Project 1901 Que Street, N.W.

Washington, D.C. 20009

/

Robert A. Wooldridge l- ' '

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