ML19263B819

Ack Receipt of Stipulations Per 781118 Request.Also Desires Copies of Original Contentions & Requests That Transcripts, Stipulations & Contentions Be Sent to All Petitioners

ML19263B819
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	12/04/1978
From:	Hooker K AFFILIATION NOT ASSIGNED
To:	Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
NUDOCS 7901240311
Download: ML19263B819 (2)

Text

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W pnni Tr porUWNT ROOM December h, 1978 g S

Ms. Colleen P. Woodhead, Counsel, NRC Staff Atomic Safety and Licensing Boani  %

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Panel If U.S. Nuclear Regulatory Comission

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In the Matter of Houston Lighting & Power Cogany (Allens Creek Nuclear Generating S.tation, Unit 1) ~

Docket No. 50-h66

Dear Ms. Woodhead:

Thank you for sending me copies of the three stipulations by the Staff and other petitioners which I had requested November 18 at the special prehearing conference. This letter seeks resolution of three relevant issuess

1. I requested not only copies of the stipulations, but also copies of the original contentions _ of these petitioners (James Scott for TexPIR0; John Doherty individually and for Armadillo Coalition; and Wayne Rentfro). Because you sent ne only the stipulations, I am now in doubt as to whether the transcript of the prehearing conference contains y request for the' contentions also. I not only planned to re-quest both contentions and stipulations, but I recall doing so; and I have witnesses that I requested both. Should the transcript be inaccu-rate in this regard, I hereby request that it be corrected to show that I asked for both contentions and stipulations.

2. I an also in doubt, because of your response, whether the transe 'ipt shows that I next requested that copies of both these contentions a.sd these stipulations be sent to all petiticners. Again, I planned to nake this request, recall doing so and have witnesses. Should the tre.nsc11pt be inaccurate on this point, I hereby ' ask that it be corrected to show that this information was requested for all petitioners.

3. I was sent the stipulations free of charge, presumably because I am entitled to them as a petitioner in public herrings. But I maintain that the original contentions of the three above-named petitioners, in-volved in current proceedings, also contain information to which I and all petitioners are entitled. The contentions contain wording which was the basis for Staff's recomendation of acceptance of certain issues, as set forth in the stipulations. Both contentions and stipulations of these three petitioners would therefore have been enormously helpful to all petitioners earlier in these proceedings, in enabling those in-experienced in Comission regulations to see possible bases for accept-ance of contentions, and in clarifying Staff's viewpoint on issues. Con-versely, because this information was withheld from petitioners who 790124o3//

2e responded to the Boani's Corrected Notice of Intervention Proceedings, published September 11 (h3 F.R. h03?8), they have been effectively hampered in their participation in the same paceeding as the three above-named petitioners. The longer such inforation is withheld, the greater the damage to partitioners' effective participation, and the greater the question as to diether the Board has fully corplied with its legal mandate to hold procedurally correct public hearings. The original, full regaest for information was made formally on November 18; it is December h, and I have just received incomplete inforation, and apparently it was sent only to me.6faving spoken to several petitioners and leamed that they have not received even this partial information, I an writing on the assumption that no one else was sent it.) Since the request that all petiticners be sent this information was made formally in open hearing, it may be that some petitioners therefore did not request this information individually. Therefore, I request that both the ori-ginal contentions and the stipuistions of the* three above-nand petitioners be sent to all petiti<ners imnediately. In fairness,' the information must be sent even to those whom the Doani may reject as full parties to these pmceedings; the mterial will be invaluable in preparing appeals, in that it omtains bases for Staff's escomnendations that issues be accepted for considention by the Board.

Sincerely,

^'f' h Kathryn Hooker Copies mailed December 5 to:

Sheldon J. Wolfe, Chairman, Atomic Safety and Licensing Boani Panel Richani Lowerre, Asst. Attorney General, Texas J. Gregcry Copeland, Baker & Botts Jack Newman, Louenstein, Reis, Neuman &

Axelrad Docketirg & Soivice Frction, U.S. Nuclear Regulatory Com=incion i