ML19225A519
| ML19225A519 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 06/25/1979 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7907190490 | |
| Download: ML19225A519 (2) | |
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NRC PUBLIC DOCUMEMI 200 :
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b THE ATOMIC SAFETI AND LICENSING BOARD 3
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4 In the Matter of
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HOUSION LIGHIING AND POWER
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Docket No. 50-466 CP CCMPANY
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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ORDER (June 25,1979)
Pursuant to our Meerandum and Order dated April 11, 1979, Tex PIRG, a party in the instant proceeding, on May 16, 1979 sub:ti.tted forty-nine pro-posed additional contentions that it seeks to have admitted.~1/
Both the Staff and the Applicant filed detailed responses to these contentions on May 31, 1979 and June 5, 1979, respectively. Under date of June 15, 1979 Tex PIRG filed amendments and replies regarding nine of these proposed contentions.
By letter to the Board dated June 20, 1979, the Staff stated that Tex PIRG, lacking leave of the Board to do so, has no right to respond pursuant to the regulations of the Cocmission. For this reason, the Staff proposed not to reply to Tex PIRG's June 15, 1979 pleading unless requested to do so by the Board.
We agree in part and disagree in part with the Staff's position.
Cocmission regulations do not authorize a party to file a reply to the responses of Staff and Applicant concerning the admissibility of contentions, as done here by Tex PIRG with respect to Contentions 29, 37, 45, and 50. We thus concur with 1/ We note that the tinn for this submittal expired on May 11, 1979. khile not rejecting the submittal as being untimely, we caution Tex PIRG about the importance of timely filings. We note also that although the contentions were numbered 1 through 50, there was no contention number 44.
7007190796 Staff's position regarding the repd.es to these four contentions.
Cocmission regulations do, however, permit a party to amend its contentions without prior approval of the Board, consistent with the provisions of 10 C.F.R. a 2.714(b)(3),
as done here by Tex PIRG with respect to Contentions 35, 38, 40, 42, and 28 (in this sequence). Accordingly, we request Staff and (by the same reasoning)
Applicant to assist the Board's review through the submittal of responses to these five amended contentions, on or before July 11, 1979.
Tex PIRG is advised that the Board will not consider replies rebutting the responses of other parties which oppose the admissibility of its additional contentions.
Such replies, as noted above, are outside of the scope of the Comnssion's regulations. We urge Tex PIRG to subcd.t other amendments, if any, to its remuning forty contentions of May 16, 1979 as soon as possible in order to expedite responses and our determination of admissibility.
EDR THE ATOMIC SAFELY ABD LICENSING BOARD 4 /,,( Q Q 0
Sheldon J. QLfe, Esc {ture Chal.rman Dated at Bethesda, Maryland this 25th day of June, 1979.