ML20137W920

Motion for Leave to File Motion for Reconsideration of 851125 Memorandum & Order LBP-85-47

ML20137W920
Person / Time
Site:	Comanche Peak
Issue date:	12/06/1985
From:	Reynolds N BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20137W925	List: ML20137W920 ML20137W942
References
CON-#485-427 LPB-85-47, OL, OL-2, NUDOCS 8512100378
Download: ML20137W920 (3)

Text

- - ,,

q ,,

C 6

'EkU 35 Decembe ggj .9 h M,01985

.ECPU UNITED STATES OF AMERICA fh;('

Ei N};,h NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos. 50-445

) Docket Nos. 50-446,

)

50-445-2, TEXAS UTILITIES ELECTRIC 50-446-2 and COMPANY, ET AL. )

)

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

APPLICANTS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION Pursuant to 10 C.F.R. SS 2.718 and 2.730, Texas Utilities "

Electric Company, et al. (" Applicants") hereby move the Atomic Safety and Licensing Board in the captioned proceeding for leave

, to file a motion for reconsideration of the Memorandum and Order

^

(Reconsideration of Misrepresentation Memorandum), LBP-85-47,

~

November 25, 1985. Applicants are cognizant of their responsibility to avoid burdening this Board with multiple ,

efforts to obtain reconsideration of Board rulings. However, there is one aspect of the Board's decision in the above Memorandum and Order as to which it' appears the Board overlooked certain prior Board rulings. As presently situated, the Memorandum and Order is inconsistent with those 8512100378 851206 PDR ADOCK 05000445 G pon

/

9603

W Board rulings. Further, Applicants have sensed that the Board appreciates the parties bringing to its attention the need for Memorandum (Multiple clarification of Board actions (see e.g.,

Filings), October 31, 1984). Accordingly, Applicants seek leave .

to file the attached motion for reconsideration. 1 As explained in the attached motion, the Board ordered in its l Memorandum and order-that the period for discovery pursuant to the original-memorandum concerning misleading statements i "shall run for fifty days from the. issuance of this Memorandum."

However, the discovery period under the misleading statement memorandum has already run. Although the Board originally stayed various' obligations of the parties under that memorandum, it never stayed the obligation of CASE to file its requests within the time period allowed under the memorandum (and subsequently extended). It appears the Board may have overlooked this fact in In any event, issuing the present Memorandum and order.

additional discovery pursuant to the misleading statement memorandum is unwarranted and would unfa'irly burden Applicants.2 1/ Memorandum and Order (Reopening Discovery; Misleading Statement), LBP-84-56, 20 NRC 1696 (1984).

2/

As noted in the attached motion, Applicants will comply with the remaining aspects of the Board's order and will -

accede to additional discovery regarding their recent filings to the extent new information is presented in those filings.

p For the foregoing reasons, Applicants respectfully request that the Board grant leave to file a motion for reconsideration of the November 25, 1985, Memorandum and Order. A copy of the motion for reconsideration that Applicants seek leave to file is .

attached hereto.

Respect ulI submitted,

/

Nichola S. 'qeynolds Willia A. Horin BISHOP LIBERMAN, COOK, PURCE L &{$EYNOLDS 1200 SeventMnth Street, N.W.

Washington, D.C. 20036 (202) 857-9800 Robert A. Wooldridge WOE 3 HAM, FORSYTHE, SAMPELS

& WOOLDRIDGE 2001 Bryan Tower, Suite 3200 Dallas, Texas 75201

-(214) 979-3000

.s Roy P. Lessy, Jr.

MORGAN, LEWIS & BOCKIUS 1800 M Street, N.W.

Washington, D.C. 20036 (202) 872-5000 Thomas G. Dignan, Jr.

R.K. Gad III ROPES & GRAY 225 Franklin Street Boston, Massachusetts 02110 (617) 423-6100 counsel for Applicants December 6, 1985