ML19242B319

Houston Lighting & Power Motion for Further Procedures Re Tx Pirg Intervention.Due to Resignation of Jf Doherty of Tx Pirg on 790606,TX Pirg Should Be Required to Identify Spokesman & Reiterate Interest.W/Certificate of Svc

ML19242B319
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	06/28/1979
From:	Copeland J, Newman J BAKER & BOTTS, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7908080075
Download: ML19242B319 (9)

Text

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. 6-28-79 UNITED STATES OF IJ1 ERICA NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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HOUSTON LIGHTING AND POWER COMPANY ) Docket No. 50-466,_

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(Allens Creek Nuclear Generating )

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APPLICANT'S MOTION FOR * ,

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'e TO TEXPIRG INTERVENTION \C;f - '

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Applicant moves the Board for an order directing Intervenor Texas Public Interest Research Group (TexPirg) to provide the Board and the parties with information iden-tifying the proper and authorized representative or re-presentatives of TexPirg for purposes of this proceeding.

As a matter of background, Applicant, on June 21, 1979, filed a motion requesting the Board to order Tex-Pirg to resubmit its answers to Applicant's and Staff's interrogatories under oath or affirmation and to provide further answers to certain of Applicant's interrogator es.

In this motion (pp. 2-5), Applicant noted that Mr. John Doherty, in his sworn deposition of March 26, 1979, had stated that he was authorized to speak for Tcmelrg (Deposi-tion, pp. 9-11). Further, in an answer (dated March 27, 1979) to a question set forth in Applicant's first set 7 90808 eu-E,0 3 093

2 of interrogatories to TexPirg to identify the names and addresses of TexPirg's " officers" and directors, Mr. Doherty was identified as the " Acting Research Director." Mr.

Doherty signed TexPirg's answers to these interrogatories as

" Executive Director" of TexPirg.

Although Mr. Doherty clearly held himself out as a spokesman for TexPirg in his March deposition, and in answers to interrogatories, he subsequently disclaimed in a letter to the Board dated May 10, 1979, that he was an " officer" of TexPirg. Ilowever he did not state whether or when a change in his status as an of ficer had occurred and never identified his successor. To compound this confused situation, Mr. Scott, TexPirg's counsel, declared in answers filed on June 6, 1979, to Applicant's second interrogatories, that "Mr. Doherty does not work for TexPirg anymore and was not authorized [in his m cch 26 deposition] to say that TexPirg was not concerned about chlorine dit :harges. . . ." (p. 3) .

The obvious implication of this statement is that Mr.

Doherty was not authorized to make on behalf of TexPirg any of the statements in his deposition, nor was he authorized to sign TexPirg's answers to Applicant's first interroga-tories.

Now, ti r . Doherty has filed (1) a document with the Board dated June 18, 1979, entitled " John F. Doherty's Memorandum to the Board Re: Discovery Matters" wherein r3<0s7 Ohh

3 Mr. Doherty states that he terminated employment with TexPirg on June 1, 1979, and that ". . . no person appears to be directing TexPirg's intervention at this moment. . ."

and (2) a document dated June 26, 1979, entitled " John F.

Doherty's Second Memorandum to the Board Re: Discovery Matters" wherein he states that TexPirg has lost its funding with the University of Houston and such deprivation of funds

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". . . is likely to slow down the proceeding. . ."

In our motion to compel further answers filed on June 21, 1979, we requested the Board to order TexPirg to re-submit its previous answers to interrogatories, as well as to furnish supplemental answers, under oath or affirmation "by the person with knowledge of the infor:ua r wn contained in each of the answers to said interrogttories and who has been authorized by TexPirg to submit such answers" (p. 7).

For purposes of that motion, we believed that the requested relief would solve the problems created by TexPirg with respect to discovery. However, in light of Mr. Doherty's June 18 and June 26 submittals it is uncertain who speaks for TexPirg, or indeed, whether TexPirg is still an in-tervening party. Therefore, in addition to the request for

• / The instant motion does not condone and is not related to the scandulous and baseless accusations made by Mr.

Doherty in these two documents, nor chould this motion be read as implying that the documents constitute acceptable pleadings. Applicant reserves the right to take what-ever further action is deemed appropriate with respect to the documents. p o_ mr F i(-

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4 relief in our June 21 motion, we urge the Board to obtain from TexPirg -- as opposed to its counsel -- information as to whether it intends to continue as a party in this pro-ceeding, and if so, to identify a spokesman from the TexPirg organization for purposes of this proceeding. Such an inquiry bears on the question of the continued status of TexPirg as a party intervenor in this preceeding. We realize that such a request is unusual since TexPirg is represented by an attorney in these proceedings. However, because of the con'licting pleadings sumraarized above , as to who is authori..ed to speak for TexPirg, and how its participation is being directed, such action by the Board is clearly warranted.

Based upon the filings of Messrs. Doherty and Scott, there may be no officer of TexPirg directing the organiza-tion's intervention in this proceeding. While Mr. Se t is the attorney of record for TexPirg, he is not the '

n-ing party. It is quite posoible, because circumt ave so changed with respect to 3 - i .rg , that Mr. Scott is s...oly representing the individuals identified in TexPirg's ,etition for leave to intervene. If that is the case, TexPirg should be dismissed from this proceeding.

Applicant respectfully requests the Board to insta an order in the form attached hereto requiring TexPirg to state f, , '

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5 through an authorized corporate spokesman whether it wishes to continue its participation in this proceeding, and if so, to identify an official representative or representatives of TexPirg accompanied by a statement showing that TexPirg has authorized that representative or representatives to speak for TexPi rg. We urge prompt action by the Board because the current situation impairs the orderly discovery process which is essential to a well-prepared case.

Respectfully submitted,

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Jack R. Newman liarold F. Reis Robert II . Culp 1025 Connecticut Avence, NW Washington, DC 20036 J. Gregory Copeland C. Thomas Biddle, Jr.

Charles G. Thrash, Jr.

3000 One Shell Plaza IIous ton , Texas 77002 ATTORNEYS FOR APPLICANT IIOUSTON LIGilTING & POWER COMPANY OF COUNSEL:

LOWENSTEIN, NEWMAN REIS, AXELRAD & TOLL 1025 Connecituct Avenue, NW Washington, DC 20036 BAKER & BOTTS 3000 One Shell Plaza ll o u s t o n , Texas 77002

Attachment:

Draft Order 17 C

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(DPAFT OF PROPOSED ORDER)

U::ITED STATES OF A1 ERICA

IUCLEnR REGULATORY CC:O:ISSION BEFORE THE ATOMIC SAFETY A::D LICENSI::G BOARD In the Matter of )

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HOUSTO:! LIGliTI::G n :D PO'.-lER CO: PA:a ) Docket ;o . 50-466

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(Allens Creek ::uclear Generating )

Station, Unit 1) )

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ORDER The Board is in receipt of the f o l lo',;in g documents filed in tb .s proceeding:

1. A letter of .:ay 10, 1979, f r o n' Mr . John Doherty adua. sing that he eas not an " officer" of intervenor TexPirg.

2. A "Memorandu:a to the Board re Discover; Matters" filed by ' r. 1oherty dated June 18, 1979, and advising that he terminated .oloyment ' lith TexPirg on June 1, 1979, and that ". . . no person appears to be handling TexPirg's inter-vention at this moment . . . ."

3. A document dated June 26, 1979, entitled " John Doherty's Second 'iemorandum to the Board re Discovery Matters" wherein he states that TexPirg has lost its financial support and as a consequence this . . . is likely to slo'- down the proceedings . . . ."

4. A Motion filed b; Applicant on June 28, 1979, refer-ring to TexPirg's answers to Applicant's interrogatorias dated June 6, 1979, and signed by TexPirg's counsel au/ising that s ,- O s

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notwith.3tanain **r. Doherty's s',lo r n s t a t e:ne n t s to the contrary, 11r . Doherty was not authorized to furnish certain a n svie l s on behalf of TexPirg in a deposition taken on

larch 20, 1979.

These pleadings create a serious concern regarding u x-Pirg's intentions with ressect to further participation in this proceeding and the identity of its authorized represen-Lat 4 '

his r.atter requires ap;ropriate action ny the Board to assure timel; disco', u', and to avoid delay and r.aintain order in thlo proceeding.

V;IiE IU' FO "1E , it is ordered pursuant to 10 C.F.R. 2.713 that.

1. The 7.pplicant's motion of June 28, 1979, is granted, and

2. Te.<Pirg .shall file , lith thia Board not later than July , 1979, through an autnorizou corporate spokesman, a statement whether it ,cichos to continue participation as a full part; in this proceedinJ, and if so, the identity of the official representative or representativou of TexPirg accc:; panied by a statenant snowing that the organization has authorized that representative or representatives to speak for TexPirg.

IT IS SO ORDERED.

FOR Tl!E ATO:IIC SAFETY AND LICE'.JSI: G BOARD Sheldon J. 'Jol f e , tsquire Chairman Dated at dethesda, 21aryland c.

this day of , 1979. _

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UNITED STATES Ol' AE RICA N UC LEAll REGULATOR" CO: E1I S S I ON BEFORE T!!E ATOMIC SAFETY AND LICI:NSING BOARD In the Mattar of )

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IIOUSTON LIGIITING & PO*.-lER COMP ANY ) Dochet t;o . 50-466

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(Allens Creen .luclear Generating )

Station, Unit 1) )

CE a'II'ICATE OF SERVICF I hereb; certif, that copies of the foregoing Applicant's Motion for Furt.aer Procedure.' Relating to TexPirg Intervention with attached Draft Order are ;erved on the f ol lo. zing b3 d e p a a i t. in ti.e Uniteu Staten nail, jostage prepaid, this 28th dai of June, 1979-.

Sheldon J. .lo l f e , Esq., Ch.irrnan Richard Lowerre, Eag.

A tcraic Safeti and Licensing Asaintant Attorne; General Board Panel for the State of Texas U.S. Nuclear Regulator Carminaion P. O. Box 12548 Uashington, D. C. 2 0 3 !, ; Capitol Station Auutin, Texas 78711 Dr. E. Leonard Cheatura Route 3, Box 350A IIon . Charles J. Dusek Watkinuville, Georgia 30C77 5:ayor , City of '.lallis P. O. Box 312 Lir Gustave A. Linenberger Wallis, Texas 77485 A toraic S a f e ti- and Licensing Board Panel llon . LeroS II . Grebe U.S. Nuclear Regulatori Corru a s io n Count; Judge, Austin County

.;a s h. ng to n , D. C. 20555 P.O. Box 99 Bellville, Texas 77418

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Chase R. Stephens Atomic Safety and Licensing Docketing and Servict Section Appeal Board Office of the Secretary of the U.S. Nuclear Regulatori Co=aission Cormission U.S. Nuclear Regulator; Commission Washington, D. C. 20535

'la s hi ng t o n , D. C. 20555 Atomic Safety and Licensing R. Gordon Gooch, Esq. Board Panel Baker & Ectts U.S. Auclear Regulatory 1701 Pennuylvania Avenue, N. h. Corlission via s hing to n , D. C. 20006 Washington, D. C. 20555 Steve Sohinki, Esq. Jchn R. Doherty Staff Counsel 4433 1/2 Leeland U.S. :uclear Regulatori Comn.ission IIo us ton , Texas 77023 Washington, D. C. 20555 Rchert S. Framson Madeline Bass Framson 4822 laynesboro Drive 4322 Waynesboro Drice Iious ton , Texas 77035 Ilous ton , Texas 77035 D. larrack Carro Ilinderstein 420 Aulberry Lane 3739 Link Terrace Bellaire, Texas 77401 lious ton , To:.a s 77025 F. II . Potthoff, III Brenda McCorkle 1814 Pine Village 6140 Darnell I!cus ton , Texas 77025 Ilo u s to n , Texas 77030 James M. Scott, Jr.

Wayne E. Rentfro 8302 Albacore P. O. Box 1335 I!ous ton , Texas 77074 Rosenberg, Texas 77471 et B IT

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