ML19263D935

Motion by Houston Lighting & Power to Dismiss Appeal of Jf Doherty as Moot.Certificate of Svc Encl

ML19263D935
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	03/22/1979
From:	Culp R, Newman J, Reis H LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7904170076
Download: ML19263D935 (6)

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, -M UNITED STATES OF AMERICA

, y$ ' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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

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(Allens Creek Nuclear Generating )

Station, Unit 1) )

MOTION TO DISMISS JOHN F. DOHERTY APPEAL AS MOOT There is pending before the Appeal Board in this pro-ceeding an appeal, filed pursuant to 10 CFR S 2.714a, of an order of the Licensing Board dated February 9, 1979, denying John F. Doherty's petition for intervention. As Mr. Doherty's appeal states, the Licensing Board recognized Mr. Doherty's standing as an individual but determined that he had filed no admissible contention. On March 15, 1979, and in re-sponse to this Board's order of March 5, 1979, the Applicant in this proceeding, Houston Lighting & Power Company, filed a brief in support of the Licensing Board's rulings on petitions for leave to intervene, including the ruling denying Mr. Doherty's petition.

79041700'(6 (T

On February 14, 1979, and while the above-described appellate proceedings were going forward, Mr. Doherty filed a motion ~1/ requesting consideration of three con-tentions which he had previously withdrawn. On March 15, 1979, the Licensing Board issued an order granting that motion with respect to one of Mr. Doherty's contentions and admitted him as an intervenor in the proceeding.-2/

The Applicant was the only party to the proceeding which opposed admission of that contention. It has decided not to appeal the Licensing Board ruling admitting the con-tention.

In view of the foregoing, Mr. Doherty's petition for leave to intervene has not been wholly denied within the meaning of 10 CFR S 2.714a (b) , and his appeal has become interlocutory within the meaning of 10 CFR S 2.730(f),

1/ " John F. Doherty as an Individual and in Behalf of Armadillo Coalition (Houston)'s Motion for Admission of Several Contentions Previously Abandoned Due to Class 9 Accident Prohibition on Contentions Based on WASH-1400, Reactor Safety Study (RSS ) . "

2/ " Supplemental Order Ruling Upon Intervention Petitions," dated March 15, 1979. The order was not served upon or known to the Applicant on March 15, 1979.

Accordingly, it was not referred to in the brief filed.

by the Applicant on that date.

For the foregoing reasons, t .'. 9 appeal has been rendered moot, and Applicant moves that it be dismissed as such.

Respectfully submitted, I

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Harold F. Reis Jack R. Newman Robert H. Culp 1025 Connecticut Avenue, N.W.

Washington, DC 20036 J. Gregory Copeland Charles G. Thrash 3000 One Shell Plaza Houston, Texas 77002 Attorneys for Applicant HOUSTON LIGHTING & POWER COMPANY 4

OF COUNSEL:

LOWENSTEIN, NEWMAN, REIS, AXELRAD, & TOLL 1025 Connecticut Avenue, N.W.

Washington, DC 20036 BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

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

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(Allens Creek Nuclear Generating )

Station, Unit no. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Motion to Dismiss John F. Doherty Appeal as Moot" in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 22nd day of March, 1979:

Alan S. Rosenthal, Chairman Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, DC 20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, DC 20555 Michael C. Farrar Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, DC 20555 Sheldon J. Wolfe, Esq., Chairman Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, DC 20555 Dr. E. Leonard Cheatum Route 3, Box.350A Watkinsville, Georgia 30677 Mr. Gustave A. Linenberger Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, DC 20555

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Chase R. Stephens Dccketing and Service Section Office of the Secretary of the Commissien U. S. Nuclear Regulatory Cctmission Washington, DC 20555 R. Gordon Gooch, Esq.

Baker & Betts 1701 Pennsylvania Avenue, NW Washington, DC 20006 Richard Lowerre, Esq.

Assistant Attorney General for the State of Texas P. O. Box 12548 Capitol Station Auscin, Texas 78711 Hencrable Jerry Silva, Maycr ,

City of Wallis Wallis, Texas 77485 Honorable John R. Mikeska County Judge, Austin County P. O. Box 310 Bellville, Texas 77481 Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, DC 20555 Atcmic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, DC 20555 Steve Schinki, Esq.

Staff Counsel U. S. Nuclear Regulatory Commission Washington, DC 20555 Jean-Claude De Bremaecker -

2128 Addison Houston, Texas 77030 Jchn F. Doherty Armadillo Coalition of Texas 4438 1/2 Leeland Houston, Texas 77023 Madeline Bass Frams on 4822 Waynesboro Drive Houston, Texas 77035

Ecbert S. Franson 4322 Waynesborc Dri*;e Housten, Texas 77025 Carro Hinderstein 8739 Link Terracs Ecuston, Texas 77025 Kathryn Hocker 1424 Kipling Houston, Texas 77006 David Marrack 420 Mulberry Lane Bellaire, Texas 77401 3:enda McCorkle 6140 Darnell Houston, Texas 77074 e :r

e. . H. Pm.a_,c._e, 1814 Pine Village Houston, Texas 77030 Mayne E. Rentfro P. O. Ecx 1335 Rosenberg, Texas 77471 James Sectt, Jr.

8302 Albacore Houston, Texas 77074 Jchn R. Shreffler 5014 Braeburn Bellaire, Texas 77401 Alan Vomacka, Esq.

Houston Chapter .

National Lawyers Guild 4803 Montrose Sculevard Suite 11 -

Houston, Texas 77006 s

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