ML19263E669

Motion to Strike Applicant 790417 Appeal & 790416 Brief. Brief & Appeal Are Not in Compliance W/Nrc Rules of Practice.Notice of Appearance & Certificate of Svc Encl

ML19263E669
Person / Time
Site:	South Texas
Issue date:	05/01/1979
From:	Sinkin S Citizens Concerned About Nuclear Power, INC.
To:
References
NUDOCS 7906200601
Download: ML19263E669 (7)

Text

'

. NRC PUBLIC DOCUMENT ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION / ) , h BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

)

Bouston Lighting and Power )

Company, et ~a1 )

Docket Nos. 50-498-OL

) 50-499-OL (South Texas Project, )

)

Units 1 and 2) )

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter. In accordance with Scction 2.713(a), 10CFR Part 2, the following information is ,

i provided:

Name ' - Steven A. Sinkin Address - 116 Villita Street San Antonio, Texas 78205 Telephone Number- 512-226-2959 Admission - Supreme Court of the State of Texas

,gg Name of Party - Citizens Concerned About Nuclear Power h'\ S 838 East Magnolia Avenue g.$ 9 San Antonio, Texas 78212 c,

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Occmt so. n STEVEN A SINKIN y3 .

-.4 d . Steven A. Sinkin 4

ShI 6 Counsel for Citizens Concerned About Nuclear Power Dated at San Antonio, Texas this 1st day of May, 1979 79062006o(

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

)

Houston Lighting and Power )

Company, et a1 ) Docket Nos. 50-498-OL

) 50-499-OL (South Texas Project, )

Units 1 and 2) ) a MOTION TO STRIKE APPEAL AND PEECEDING BRIEF Citizens Concerned About Nuclear Power, Intervenor, hereinafter referred to as Appellee, respectfully moves this ,

I honorable Board pursuant to 10CFR2.762(e) to strike the l

appeal filed on April 17, 1979 and brief filed on April 16, 1979 preceding appeal by Houston Lighting and Power Company,  !

l tT.e City Public Service Board of San Antonio, Texas; Central Power and Light Company, and the City of Austin, Texas, Applicants, hereinafter referred to as Appellants, for the following good and sufficient reasons:

I.

On April 17, 1979, Appelants filed an appeal to the Atomic Safety and Licensing Appeal Board, appealing from a prehearing conference order ruling by the Atomic Safety and Licensing Board. The prehearing conference order ruling granted inter alia intervenor status to Appellee.

II.

Appellants' sole ground for appeal and exception as set forth in the appeal by Appellants is:

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"(T)he Licensing Board erred in its disposition of the three petitions to intervene. All should have been wholly denied." (Notice of Appeal By Applicants, p.3)

III.

The exception taken by Appellants fails to comply with the Rules of practice for the Nuclear Regulatory Commission.

(The rule as to proper form for exceptions and briefs is clearly set forth in 10CFR2.762 and in 10CFRAppendix A,Section IX(d) (2) . These are the only sections of the rules o.

of practice that establish standards for exceptions and briefs and would be controlling on the a'ppeal currently before this Board.)

A.

The exception did not identify with particularity the portion of the order to which the exception was individually addressed.

B. .

The sole exception filed did not state concisely the single error of fact of the single error of law which was being asserted in that exception.

C.

The exception did not state that the Licensing Board abused its discretion.

D. The exception did not set forth with any particularity any elements of the Board's decision constituting an abuse of discretion.

E. The exception did not state the Licensing Board abused its discretion in any part of its decision concerning Citizens Concerned About Nuclear power.

F. The exception did not distinguish tmong the interveners nor did it identify portions of the ruling unique to each intervenor.

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G.

The exception is multifarious and fails to apprise the Appeal Board or the Appellee of the specific nature of the contentions being set forth on appeal. -

H. The exception is not separately numbered.

I.

The exception provides no basis for a supporting brief.

IV.

On April 16, 1979, the Applicants filed " Applicants Brief on Appeal From Prehearing Conference Order Ruling Upon

• Intervention Petitions." This brief fail; to comply with the Rules of practice for the Nuclear Regulatory Commission.

1 (See 10CFR2.762 and 10CFR Appendix A,Section IX (d) (2) . )

i A. The brief filed on April 16, 1979 must be confined i

to the exceptions previously filed."No exception was filed prior to the filing of the brief thereby rendering the brief a nullity. i B.

The brief is confined to a consideration of the exceptions previously filed. Assuming arcuendo that the " Notice of Appeal" had preceded the brief, the " Notice of Appeal" must state specific exceptions to which the brief is confined. There being no specific exceptions filed, there can be no valid basis for a supporting brief.

V.

It was necessary to obtain the services of Steven A. Sinkin, a duly licensed attorney in the State of Texas, in order to prosecute and protect the rights of the Appellees before this Appeal Board.

Appellees should be awarded reasonable attorneys 22 fees $7

06 the discretion of the Nuclear Regulatory Commission.

_4_

WH ER EFORE , PREMISES CONSIDERED, Appellees respectfully move this honorable Board to strike the appeal and the brief preceding the appeal for not being in substantial compliance _

witn the Rules of Practice for the Nuclear Regulatory Commission and to award reasonable attorneys fees in favor of Appellees.

Respectfully submitted, eticrNAL 51CNto ay '

STEvcN A SINKIN Steven 4. Sinkin 116 villita Street San Antonio, Texas 78205 Attorney for Citizens Concerned About Nuclear Power, San Antonio, Texas, Appellee 2287 207 dated: May 1, 1979

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$'.'efh' k(3 UNITED STATES OF AMERICA .h .._ ii_

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NUCLEAR REGULATORY COMMISSION

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BEFCRE THE ATO.'!IC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

)

HOUSTON LIGHTING & POh*ER CCMPANY, ) Dockets Nos. 50-498-OL ET AL. ) 50-499-OL

. )

(South Texas Project, Units 1 & 2) )

) ..,

a CERTIFICATE OF SERVICE I hereby certify that copies of Motion to. Strike Appeal and Preceding Brief were served on the following by deposit in the United States mail, postage prepaid, this 1st day of May, 1979:

Alan S. Rosenthal, Esquire Chairman Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Charles Bechhoefer, Esquire Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W 5shington, D.C. 20555 Dr. James C. Lamb, III 313 Woodhaven Road Chapel Hill, North Carolina 27514 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Henry J. McGurren, Esquire Hearing Attorney -

Of fice of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 .

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Melbert D. Schwarz Baker and,Botts 3000 One Shell Plaza Houston, Texas 77002 Richard W. Lowerre, Esquire Assistant Attorney General for the State of Texas P.O. Box 12548 Capitol Station Austin, Texas 78711 Honorable Burt O'Connell County Judge, Matagorda County Matagorda County Court House

. Bay City, Texas 77414 R. Gordon Gooch, Esquire '

Baker and Botts 1701 Pennsylvania Avenue, N.W.

Washington, DTC.- 20006 Ms. Peggy Buchorn, Executive Director Citizens for Equitable Utilities Route 1, Box 4 32 Brazeria, Texas 77442 Jack R. Newman 1025 Connecticut Avenue Washington, D.C. 20036 Mr. David Marke 3904 Warehouse Row Suite C Austin, Texas 78704 D. Michael McCaughan 3131 Timmons Lane Apartment #254 Houston, Texas 77027 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commiss ion Washincton, D.C.

~ 20555 Mr. Chase R. Stephens 2E87 09 Docketing and Service Section Office of the Secretary of d the Commission U.S. Nuclear Regulatory Commission Washington, .D.C. 20555 Austin Citizens for Economical Energy C/O Mr. David Marke 3904 warehouse Row, Suite C -

Austin, Texas 78704 ~ ca!c:NAL SOND W Dated: May 1, 1979 STEVEN A SINK!N