ML19209A914

Response in Opposition to Pj Durkin Petition to Intervene. Petition Is Untimely & Fails to Satisfy Interest Requirements.Certificate of Svc Encl

ML19209A914
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	08/27/1979
From:	Copeland J, Newman J HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7910050614
Download: ML19209A914 (4)

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,7 In the Matter of S b a C)

S HOUSTON LIGHTING AND POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) 5 APPLICANT'S RESPONSE Td PETITION FOR LEAVE TO INTERVENE OF PETER J. DURKIN Applicant files this response to the petition for leave to intervene filed by Peter J. Durkin. For the reasons discussed below, the petition should be denied.

The petition fails to satisfy the " interest" requirement of 10 CFR S2.714. None of the concerns expressed therein are stated with the degree of particularity sufficient to meet the require-ments of that section. The four generalized concerns listed in the petition fail to qualify as statements of "the specific aspect or aspects of the proceeding as to which netitioner wishes to intervene." Id. Additionally, under NRC precedent, at least one contention must be stated with reasonable specificity and supporting bases. The four generalized statements contained in the petition do not even aoproach these requirements.

The petition, whether or not it is intended to be filed in response to the " Supplementary Notice of Intervention Procedures" (44 Fed. Reg. 35062, June 18, 1979) is untimely filed. Pursuant to the " Supplementary Notice" all petitions to intervene were to be filed with the Board by July 18, 1979. This petition was filed over one month past that deadline and does not address the factors to 1i04 M3 79100506/f G

be weighed in considering non-timely filings. 10 CFR S2.714 (a) (i)-(v) . In any event, the petition fails to comoly with the

" Supplementary Notice" which requires that petitioner:

. . . state that he failed to file a cetition for leave to intervene pursuant to the Board's notices of May 31 and September 11, 1978, because of restrictions on permissible contentions con-tained in those notices.

Accordingly, the petition is untimely by several months. No attempt has been made to address the five factors contained in 10 CFR S2. 714 (a) relating to untimeliness.

For these reasons Applicant requests that the petition for leave to intervene, filed by Peter J. Durkin, b'e denied.

Respectfully submitted, Nob (twns' Jack R. Newman Harold F. Reis Robert H. Culp 1025 Connecticut Avenue, NW Washington, DC 20036 J. Gregory Copeland C. Thomas Biddle Charles G. Thrash, Jr.

3000 One Shell Plaza Houston, Texas 77002 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING AND POPER COMPANY OF COUNSEL:

LOWENSTEIN, NEWMAN, REIS, AXELRAD AND TOLL 1025 Connecticut Avenue, NW Washington, DC 20036 BAKER AND BOTTS 3000 One Shell Plaza Houston, Texas 77002 i104 334

UNITED STATES OF AMERICA NUCLEAR RECULATORY C'At*4ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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HOUSTCN LIGHTING AND POWER COMPANY ) Docket No. 50-466

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(Allens Creek Nuclear Generating )

Station, Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Resconse to Petition for Leave to Intervene of Peter J. Durkin, in

he above-captioned proceeding, were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this 27th day of August, 1979:

Sheldon J. Wolfe, Esq., Chairman R. Gordon Gooch, Esq.

Atomic Safety and Licensing Baker and Botts Board Panel 1701 Pennsylvania Avenue, NW U.S. Nuclear Regulatory Commission Washington, DC 20006 Washington, DC 2055b Richard Lowerre, Esq.

Dr. E. Leonard Cheatum Assistant Attorney General Route 3, Box 350A for the State of Texas Watkinsville, Georgia 30677 P. O. Box 12548 Capitol Station Mr. Gustave A. Linenberger Austin, Texas 78711 Atomic Safety and Licensing Board Panel Hon. Charles J. Dusek U.S. Nuclear Regulatory Commission Mayor, City of Wallis Washington, DC 20555 P. O. Box 312 Wallis, Texas 77485 Chase R. Stephens Docketing and Service Section Hon. Leroy H. Grebe Office of the Secretary of the County Judge, Austin County Commission P. O. Box 99 U.S. Nuclear Regulatory Commission Bellville, Texas 77418 Washington, DC 20555 M

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Atcmic Safety and Licensing Peter J. Durkin Board Panel P.O. Box 173 U.S. Nuclear Regulatory Simonton, Texas 77476 Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Steve Schinki, Esq.

Staff Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 John F. Doherty 4438 1/2 Leeland Houston, TX 77023

!adeline Bass Framson 4822 Waynesboro Drive Houston, TX 77035 Robert S. Framson .

4822 Waynesboro Drive Houston, TX 77035 Carro Hinderstein 8739 Link Terrace Houston, TX 77025 D. Marrack 420 Mulberry Lane Bellaire, TX 77401 Brenda McCorkle 6140 Darnell Houston, TX 77074 F. H. Potthoff, III 7200 Shady Villa #10 Houston, TX 77080 Mayne E. Rentfro P. O. Box 1335 '

Rosenberg, TX 77471 I \ ig 3 .

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James M. Scott, Jr.

8302 Albacore Houston, TX 77074 X

_bck fA4 p R. Newman