ML19254D135

Urges on Behalf of Applicant That ASLB Rule on Admissibility of Certain Intervenor & Petitioner Contentions.Ruling Would Permit Prompt Initiation of Discovery.List of Contentions & Certificate of Svc Encl

ML19254D135
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	09/13/1979
From:	Culp R LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Cheatum E, Linenberger G, Wolfe S AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel
References
NUDOCS 7910220428
Download: ML19254D135 (6)

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tFfE. G.SLvmm September 13, 1979 L'aCil*l.'.ll' JQt L $. McGH f . D ee C.s *

• Sheldon J. Wolfe, Esq. ,( ,,k ' x Chairman, Atomic Safety and

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U.S. Nuclear Regulatory Commission

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y' Dr. E. Leonard Cheatum M S)Mpf.

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< 4 <;A "f ig q J Mr. Gustave A. Linenberger Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 RE: Houston Lighting and Power Company (Allens Creek Nuclear Generating Station, Unit 1) Docket Nc. 50-466 Gentlemen:

In an order dated August 24, 1979, the Board denied a Staff motion for an extension of time within which to respond to certain amendments to contentions of Intervenor John F. Doherty and stated that it was " concluding the drafting of an Order which will be issued shortly." On August 27, the Board issued another Order, rescinding its earlier one and stating that while it had hoped to rule upon contentions filed by intervenors/ petitioners Robert and Madeline Framson, F. H. Potthoff, III, David Marrack, John F. Doherty and Texas Public Interest Research Group in "an expeditious manner", it was unable to do so because of amendments to these contentions which had been filed subsequent to August 6, 1979. The Board set September 14, 1979, as the date by which any further amendments to these contentions could be filed without prior approval Il93 2/2 7 91022 0 4Q 2 f

" Low r:"N S T I;! N. N t:W h! A N. R n t s. AXE LH A D b TOLI.

Messrs. Wolfe, Cheatum and Linenberger Page Two September 12, 1979 of the Board. The Board also set September 29, 1979 as the date by which Applicant and Staff were requested to respond to any amended contentions filed by these intervenors/

petitioners.

The Applicant urges the Board to issue an Order ruling on the admissibility of those contentions and amended contentions as to which the Staff and Applicant have responded and no further amendments have been submitted prior to September 14, 1979. As of the present date there are some 84 contentions filed by the intervanors/ petitioners as to which Applicant and the NRC Staf f have responded. No additional amendments to these contentions have been received as of this date and none may be considered after September 14, 1979 without prior Board approval. Therefore, these contentions are ripe for decision as to their admissibility into this proceeding. A list of these contentions is attached hereto. */ The Applicant believes that, for purposes of expediting this proceeding, it is of particular importance for the Board to rule on the admissibility of'these con-tentions as soon as possible, without waiting until after the September 29, 1979 deadline for the Applicant and the Staff to file responses to other, amended, contentions.

An immediate ruling on ripe contentions would permit the parties to begin discovery promptly. While such a procedure would require the Board to issue a Supplemental Order covering the admissibility of other, amended, con-tent.'ons, nevertheless an immediate order would allow the exis*ing parties to proceed while the Board considers the rentaining, amended, contentions as well as the numerous petitions to intervene filed in response to the " Supplementary

• / This list will have to be amended to reflect amendments to contentions, if any, received after the date of this letter, filed by intervenors/ petitioners.

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to ssrerx. Newxxx. acts. Axeuun & Tou.

Messrs. Wolfe, Cheatum and Linenberger Page Three September 12, 1979 Notice of Intervention Procedures" of June 18, 1979. */

From the above-quoted statement in the Board's hugust 24 Order, it is clear that the Board has already substantially completed its review of numerous contentions and has, in fact, drafted portions of an order ruling upon them. We urge the Board not to delay the issuance of its decision on the contentions as to which responses have been filed by the Applicant and the Staff and which are now ripe for decision.

Sincerely, k-  %

Robert H. Culp Attorney for Applicant HOUSTON LIGHTING AND POWER COMPAN'I RHC/fgr Attachment cc: See attached Certificate of Service

• / In a motion filed on August 30, 1979, Intervenor John F.

Doherty requests the opportunity at the October 15 special prehearing conference "to present additional information" and "to rebut Staff and Applicant's objections" to his contentions filed since the Board's April 11, 1979, Memorandum and Order. The motion should be denied. As Mr. Doherty admits, NRC regulations do not provide for such oral argument.

Moreover, not only has Mr. Doherty failed to offer any good reason why he should be allowed to present oral argument on his contentions, but he has not shown good cause for requesting the opportunity to present " additional information" to the Board on his contentions. The time for submitting additional information on contentions will expire on September 14, 1979. Since Mr. Doherty has had five months to file and amend contentions, it would be entirely inappropriate to extend this date until the special prehearing conference.

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. Low i;s wr n i x, N EW >l A N. R C I S A X E L H A D dt To LL ATTACHMENT Below is a list of contentions and amended contentions filed in this proceeding by petitioners /

intervenors Potthoff, Doherty, TexPirg, Marrack and the Framsons as to which the Applicant and Staff have responded and which are now ripe for decision:

F. H. Potthoff, III: Contentions 1, 2, 4, 5 and 6.

John F. Doherty: Contentions 4, 9, 10, 11, 13, 14, 17 18, 20, 23-28, 30-32, 34-37, 40, 41.

Texas Public Interest Research Group: Supplemental Contentions 1 - 50 D. Marrack: Contentions 2, 3, 4 and 6.

Mr. and Mrs. Robert Framson: Spent Fuel Meltdown Contention.

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U:!ITED STATES OF AMERICA I!UCLEAR REGULATORY COMMISSIC:I BEFORE THE ATOMIC SAFETY AND LICE::SI:!G BOARD In the Matter of )

)

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

)

(Allens Creek Nuclear Generating )

Station, Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's letter to the Atomic Licensing and Safety Board in the above-captioned proceeding were served on the follouing by deposit in the United States mail, postage prepaid, or by hand-delivery this l 3H' day of September, 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 20555 Richard Lowerre, Esq.

Dr. E. Leonard Cheatum Assistant Attornov 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. Btx 99 U.S. Nuclear Regulatory Commission Bellville, Texas 77418 Washington, DC 20555

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Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory 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 21adeline Bass Framson 4822 Waynesboro Drive Houston, TX 77033 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 Wayne E. Rentfro P. O. Box 1335 Rosenberg, TX 77471 Alba re -N' '

Houston, TX 77074 Robert H. Culp 1i93 2/~/